VCS - BW Legal

choccielover

I parked at a venue where I was hosting an event only to receive a parking fine (ticket on window). I wasnt told by the venue that the car park was not theirs and that a permit was required.
I told the venue what had happened and was told that they would have the ticket nullified. (this was May 2016)


I have now received a demand letter from BW Legal (nothing else in the interim) and so am unsure how to proceed.


I have looked here and on pepipoo (sp?) site but not sure who to write to (VCS or BW) in this instance.


Sorry, I have tried to look myself but am unsure how to proceed.


Is the letter below (to VCS) the right one?


Many thanks for any help




Dear Sirs

Re: PCN No. xxxx

I challenge this 'PCN' as keeper of the car and I will complain to the landowner about the matter if it is not cancelled.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers before they park.

Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. I believe the driver may well be eligible for cancellation and you have omitted clear information about the process for complaints including a geographical address of the landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

Herzlos

You're way too late for that. Have a search for "BW legal LBA".

At the same time get back onto the venue and see if they can get it cancelled off, or at least get it in writing that they don't wish to proceeed.

beamerguy

choccielover wrote: »

I parked at a venue where I was hosting an event only to receive a parking fine (ticket on window). I wasnt told by the venue that the car park was not theirs and that a permit was required.
I told the venue what had happened and was told that they would have the ticket nullified. (this was May 2016)


I have now received a demand letter from BW Legal (nothing else in the interim) and so am unsure how to proceed.


I have looked here and on pepipoo (sp?) site but not sure who to write to (VCS or BW) in this instance.


Sorry, I have tried to look myself but am unsure how to proceed.


Is the letter below (to VCS) the right one?


Many thanks for any help




Dear Sirs

Re: PCN No. xxxx

I challenge this 'PCN' as keeper of the car and I will complain to the landowner about the matter if it is not cancelled.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers before they park.

Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. I believe the driver may well be eligible for cancellation and you have omitted clear information about the process for complaints including a geographical address of the landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

Your moan must directed to the venue as they told you they would cancel the ticket, nullified is not the word.
Tell them what is happening and that you intend to involve them in court if it gets that far. As they said it, get them to cancel the ticket and confirm in writing

System

I told the venue what had happened and was told that they would have the ticket nullified. (this was May 2016)

Called estoppel. VCS are hired by someone who has rights to the land. If they say cancel, it's cancelled and VCS continuing is simply an abuse of process.

Go back to VCS/BW and explain that the matter was referred to the principal (do you have a name?) and the charge was cancelled. Continuing and issuing a claim is vexatious and you require them to confirm the matter is closed.

When you send the letter copy it to the venue (proof of posting) and ask if there are any dates they won't be available to attend court.