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BW Legal / Premier Park Limited - parking charge notice - 4 years old
Richard100
post Sun, 28 Apr 2019 - 22:18
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Hello,

I have just returned from holiday to find a letter (included below) from Premier Park Limited and BWLegal from an alleged contravention on 31st May 2015 (nearly 4 years ago).





I cannot seem to recall much detail, but I do believe the PCN was cancelled due to poor signage on the road (but unfortunately I don't have any evidence of this or the original notice) so cannot be sure.

I'm unsure as to how they got my new address, as I'm no longer the registered owner of that vehicle.

Hope someone can give me some advise on the best way forward with this.

Thanks,

This post has been edited by Richard100: Sun, 28 Apr 2019 - 22:20
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post Sun, 28 Apr 2019 - 22:18
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Redivi
post Sun, 28 Apr 2019 - 23:13
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Premier didn't go back to the DVLA
It isn't allowed to check the car more than once

There are plenty of other ways to trace people

I'm sure this isn't the first case I've seen recently of Premier issuing demands for a ticket that was previously cancelled

Telling BWL the PCN was cancelled, however, will only result in a demand for proof

What you could do, however, is send parallel replies to BWL and Premier

The letter to Premier is a Subject Access Request asking for all the information they hold about you
The one to BWL requests all the documents and photographs that Premier intends to rely on in the event of a claim

A couple of observations to keep in your back pocket for now:

Premier cannot recover BWL legal costs in the Small Claims Court
Premier keeping your details after the PCN was cancelled is an actionable breach of the Data Protection Act

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The Slithy Tove
post Mon, 29 Apr 2019 - 06:42
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Bit late in this case (not blaming anyone), but it's always worth keeping all paperwork for 6 years, even in the case of cancelled parking charges, at whatever stage it was cancelled. This kind of thing does happen. Remember, principles and scruples don't play a part in this game. Greed, incompetence and poor record keeping do.
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Richard100
post Mon, 29 Apr 2019 - 07:59
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Thanks for your help so far - I have sent the SAR to Premier and a similar letter to BWL.

I'll let you know if I hear back.
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Jlc
post Mon, 29 Apr 2019 - 08:14
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They can't ignore a SAR.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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Richard100
post Fri, 17 May 2019 - 21:04
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Hi,

Just got a reply back from BW Legal and Premier Park - with data from their PCN system including photos from 2015.

BW Legal have also sent a "letter of claim" dated 29/04/2019 asking for a response by 02/06/2019 to avoid a claim in the County Court.

How would you recommend that I move forward?

Thanks
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Redivi
post Fri, 17 May 2019 - 21:29
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Too much to hope that the pack includes the cancellation
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Richard100
post Mon, 27 May 2019 - 21:41
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Unfortunately, there was no mention of any cancellation in the documents they sent across.

I do remember they re-painted all the markings in the car park, and put up additional signs after my PCN was issued.

The photos that they have provided show the markings are really faded and unclear.



Can I ask them to provide further photos / the date they repainted and put up additional clearer signs?

I have emailed BW Legal tonight acknowledging their "letter of claim" dated 29/04/19, denying the debt exists and stating that I am seeking debt advice.

What would you advise the next steps to be is?

This post has been edited by Richard100: Mon, 27 May 2019 - 21:58
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ostell
post Tue, 28 May 2019 - 06:51
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Can you post up the PCN, suitably redacted. Leave dates.
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DAB0403
post Tue, 28 May 2019 - 10:20
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Hi, I have also received a demand from BW Legal, this time re Total Parking Solutions Ltd.
It refers to a parking contravention dated 12th November 2014 at A hospital in Boston Lincs. I possibly was there around this time but have no recollection of a PCN.
Their letter is dated 17th May and refers to a “First Letter dated 1st May .This was not received by me.
I will send letters to Total Parking and BW as king for info and denying knowledge but would like more help if it is available.

This post has been edited by DAB0403: Tue, 28 May 2019 - 10:40
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ManxRed
post Tue, 28 May 2019 - 10:44
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You need to start a new thread so as to minimise the risk of confusion.

In the first instance though, do the same as advised above - SAR to the parking company (Total Parking Solutions) and letter to BW asking for all the info they will be relying on.

This post has been edited by ManxRed: Tue, 28 May 2019 - 10:45


--------------------
Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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Richard100
post Thu, 6 Jun 2019 - 14:45
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QUOTE (ostell @ Tue, 28 May 2019 - 07:51) *
Can you post up the PCN, suitably redacted. Leave dates.


Thanks - I've uploaded the PCN below



On 29th May, I stated that I was seeking debt advice, they replied on 5th June, stating that the file has been placed on hold for 14 days (19th June).

Do they legally have to give 30 days? What's the best way forward?

Thanks for your help with this.
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ostell
post Thu, 6 Jun 2019 - 20:31
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So check that PCN against the requirements of POFA. Look at all the items and tell them that you cannot be liable as they have failed to comply with PIFA and cannot transfer liability

9 (2) (a) no relevant land specified. How many Easygyms are there? No period of parking. Time taken while moving in front af a camera is not, by definition, parking.

9 (2) (b) is missing

9 (2) (e) , the invitation, is missing

9 (2) (f) the warning to keeper is not in the required format.

9 (2) (h) no creditor identified

Note that 9 (2) starts with "must"

Basically if they don't know the driver then they cannot claim fro the keeper
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Richard100
post Thu, 13 Jun 2019 - 19:24
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QUOTE (ostell @ Thu, 6 Jun 2019 - 21:31) *
So check that PCN against the requirements of POFA. Look at all the items and tell them that you cannot be liable as they have failed to comply with PIFA and cannot transfer liability

9 (2) (a) no relevant land specified. How many Easygyms are there? No period of parking. Time taken while moving in front af a camera is not, by definition, parking.

9 (2) (b) is missing

9 (2) (e) , the invitation, is missing

9 (2) (f) the warning to keeper is not in the required format.

9 (2) (h) no creditor identified

Note that 9 (2) starts with "must"

Basically if they don't know the driver then they cannot claim fro the keeper


Thanks a lot for taking a look over that.

Would you recommend that I send an email across to them now detailing some of that, or hold off to use when they issue court papers?
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ostell
post Thu, 13 Jun 2019 - 21:16
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Send it of now and hint that continuing with the claim when you will prevail would be vexatious
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Richard100
post Sun, 16 Jun 2019 - 18:50
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QUOTE (ostell @ Thu, 13 Jun 2019 - 22:16) *
Send it of now and hint that continuing with the claim when you will prevail would be vexatious


Thanks, I also sent the same email off to EasyGym, who have stated that they do not own the car park and are unable to overturn the PCN, as they no longer manage the club at that location.

They have however, said that could provide a letter stating that they have given permission for the vehicle to have been parked there at the time the PCN was issued.

Do you think this will be enough to get BW Legal to stop any further action?
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Jlc
post Sun, 16 Jun 2019 - 19:14
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QUOTE (Richard100 @ Sun, 16 Jun 2019 - 19:50) *
Do you think this will be enough to get BW Legal to stop any further action?

Nope.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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Redivi
post Sun, 16 Jun 2019 - 20:33
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BWL doesn't even discontinue cases when their clients have cancelled the parking notices
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nosferatu1001
post Tue, 18 Jun 2019 - 07:39
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While it wont STOP BWL, it will be VERY useful to show that the claim is utterly without merit, that the sols and the claimant KNEW THIS, and still went ahead. Might get you costs for Unreasonable behaviour -YOUR TIME at £19 per horu for EVERY hour youve worked on this. At least 10 by tye time you get to court, as a rough guess.
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Richard100
post Wed, 10 Jul 2019 - 15:04
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Thanks, everyone.

I haven't heard anything from BW Legal since I send the email on Sat, 15 Jun 2019. Is it best to leave them alone or follow up?



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