***HELP*** BW Legal FINAL NOTICE

Hello everyone, I am new to both the forum and to handling a parking fine or Solicitor approach.


I received a letter in the post dated 13 March 2017 (the first I have received of what seems to be a string of letters) titled, FINAL NOTICE. The letter reads as follows;


Dear Sir


Our Client: Excel Parking Services Ltd
Account Number: XXXXXXXXXX
Vehicle Registration: XXXXXXX
Contravention Description: Parked in a restricted area of the car park.
Contravention Location: Middlesbrough Leisure Park Middlesbrough
Parking Charge Notice (PCN): Manual
Date of Contravention: 18 August 2014
Balance Due: £154.00


Further to our letter dated 10 February 2017 ("the First Letter") where we advised you that we are instructed by our client to recover the Balance in respect of the PCN. In the First Letter we requested that you either pay the Balance in full or provide detailed grounds for disputing the PCN, by the 26 February 2017. We advised that we are yet to receive a payment and/or a response to the First Letter.


Our client now requires full payment of the Balance within 17 days from the date of this letter, this date being, 30 March 2017, failing which our client has instructed us to commence County Court proceedings against you for recovery of the balance. For the avoidance of doubt the Balance relates to the £100.00 parking charge and the £54.00 for our client's initial legal fees, which were detailed in the car park terms and conditions.


County Court Proceedings
In the event our client issues County Court proceedings, and successfully obtains a County Court judgment ("CCJ"), you may likely be liable for the Balance, court fees, further solicitors' costs and statutory interest. Furthermore this will also result in a CCJ being entered against you. A CCJ may have a detrimental effect on your future creditworthiness and your employability. Our Client also reserves the right to commence enforcement proceedings against you for the recovery of the CCJ award.


We also wish to bring to your attention the case of ParkingEye Limited v Beavis [2015] UKSC 67 in which the Supreme Court held that parking charges serve a legitimate commercial interest and are neither extravagant nor unconscionable. This case eliminates the main defence that you will have should the matter go to Court and will be relied upon, by our client, in any County Court proceedings.


You should also note that if your claim has already been processed through an Independent Appeal Service ("IAS") and an IAS has dismissed your appeal, then it is likely that a County Court will come to a similar conclusion and your defence will be unsuccessful.




I am looking for advice on how to handle this both before the deadline of 30 March 2017 and afterwards, should a CCJ be issued.


Here are the facts;

• I am in possession of the original Parking Charge Notice from 2014
• Reason for issue of Parking Charge Notice as stated on paper: Left Leisure Park
• Parking Charge Notice states; Filmed: Yes
• Number of Warning Signs: 1
• The car was parked in a blue (free parking) space at the leisure park and the cinema was used on the leisure park.
• I did not entertain the Parking Charge Notice from Excel as after doing some research at the time, the unquestionable consensus of similar/ same cases was that they could not enforce the Parking Charge Notices due to them not owning the land and not to pay.
• I have not had any letters prior to the one received on 13 march 2017 from BW Legal

Having studied the letter and original Parking Charge Notice, the reasons for issue stated on both documents are different (hopefully this provides some form of leverage on my behalf on the matter).


Any advice and guidance you can provide to me on a starting point in challenging this letter and fine would be hugely appreciated. Many thanks and best regards.