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Letter from Legal Team received, two years later
Caoimhe
post Wed, 17 Oct 2018 - 13:40
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Hi all,

I had some great help from this forum a few years ago with regards to fighting a parking ticket, but this has cropped up again.

More detailed information can be provided, but the gist was:

-Ticket received for parking
-Appealed on grounds that the car was not parked, but was stopped at a barrier to the entrance of a hotel. Entrance to the hotel was not possible, so the driver left the vehicle, and the passenger entered the front seat, and drove away from the location.
-Video evidence provided, shows that it was a male driving the car, and I am a female.
-The driver's name was never provided.
-The appeal also included additional reasons that the parking charge was not valid, stating that the byelaws were not applicable to the area.
-The appeal was rejected, with none of the points addressed
-A follow up letter was sent to the parking company to state that because they had not addressed any of the issues, the fine would not be paid.

I stopped receiving letters from the company some time ago, but then received a letter from their "legal team" recently, stating that the fine must be paid to them.

I'm considering my initial response to consist of the following:
-A reiteration of the requirement to provide myself with information that states that the byelaws are applicable to the area "parked" in.
-A request for them to explain why they classed the car as parked. It is maintained that the car attempted to gain access to the hotel, but was stopped at the barricade, where signage stated that access was for hotel customers only . The car was then driven away.
-A reiteration that I could not have been the driver of the car, which can clearly be seen from the video footage.

Am I way off the mark here, or is this type of reply acceptable in the first instance? Are there any resources anyone can point me to that discuss some additional things I may want to consider, in this situation? I don't want to give in to this, but I am concerned this could go on for years, and I'm not sure I have the energy.

Thanks

This post has been edited by Caoimhe: Wed, 17 Oct 2018 - 13:42
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post Wed, 17 Oct 2018 - 13:40
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emergencychimp
post Wed, 17 Oct 2018 - 13:46
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Ignore unless you get a letter before claim.
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Redivi
post Wed, 17 Oct 2018 - 13:48
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Which company ?
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Caoimhe
post Wed, 17 Oct 2018 - 14:16
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This was from bwlegal.

I've just noticed the post below, which was updated today, and it appears to be the same letter:

http://forums.pepipoo.com/index.php?showtopic=110162
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nosferatu1001
post Thu, 18 Oct 2018 - 10:43
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This relates to an existing thread? If YES hit REPORT and ask for it to be merged / the old thread reopened, if needed. One case one thread.

Bylaws? What relevance do they have here? (possibly answered b an original thread)
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SchoolRunMum
post Thu, 18 Oct 2018 - 20:18
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QUOTE
-Ticket received for parking
-Appealed on grounds that the car was not parked, but was stopped at a barrier to the entrance of a hotel. Entrance to the hotel was not possible, so the driver left the vehicle, and the passenger entered the front seat, and drove away from the location.
-Video evidence provided, shows that it was a male driving the car, and I am a female.
-The driver's name was never provided.

Perfectly defendable. Which PPC?

BW Legal letters are all over this forum an on MSE, loads of info about replying to a Letter of Claim, and how to win when they try a small claim, as they will. 99% of people on MSE who are fully informed and coached by the forum and don;t miss any court directions/deadlines, DO win, and similar numbers here (I've only kept records on MSE since 2017).


QUOTE
I'm considering my initial response to consist of the following:
-A reiteration of the requirement to provide myself with information that states that the byelaws are applicable to the area "parked" in.
-A request for them to explain why they classed the car as parked. It is maintained that the car attempted to gain access to the hotel, but was stopped at the barricade, where signage stated that access was for hotel customers only . The car was then driven away.
-A reiteration that I could not have been the driver of the car, which can clearly be seen from the video footage.

Am I way off the mark here, or is this type of reply acceptable in the first instance? Are there any resources anyone can point me to that discuss some additional things I may want to consider, in this situation?


Yes that all sounds reasonable. With Council PCNs, a vehicle ''waiting while a gate or barrier is opened/closed to allow access or departure to/from premises'' is specific exempt activity that's not parking. So that could be stated within a defence and a response and ask the scumbags to explain why they think they are above the law and able to issue a predatory PCN that no Council CEO cold have done, and how they contend the driver who stopped at the gate can possibly have 'accepted' a contract?

QUOTE
I don't want to give in to this, but I am concerned this could go on for years, and I'm not sure I have the energy.


It won't go on for years in fact BW Legal involvement tells you it will soon be over within months and you are likely to beat them (no risk, if you don't, no CCJ from defending a claim). Read the second post of the MSE NEWBIES thread here, all about court stage and how to win and read loads of defence threads on both forums so you are ready when they issue a claim when you are busy before Christmas. You will be prepared and can then do the AOS and defence without too much trouble:

https://forums.moneysavingexpert.com/showth...d.php?t=4816822

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ostell
post Thu, 18 Oct 2018 - 22:09
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Sounds like Newcastle Airport again.
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