Parking Charge Notice appeal not accepted nearly 9 months later

Redx

the LOC123 ones is maybe 8 months old and predates the new protocols

so you can adapt that one and include the new protocols

the daniel san one is dated AFTER OCT 01 2017

AND INCLUDES THE NEW PROTOCOLS THAT CAME IN ON THAT DATE

BW LEGAL may claim that their original LBC predates the new protocol date , BUT it is still worth tackling them by using these latest protocols to eke it out and ensure that you get all the information required

channces are its only a paper exercise until they issue an MCOL anyway, so play letter tennis

Umkomaas

PaP

https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/pre-action-protocol-for-debt-claims.pdf

Coupon-mad

Upsy_Staffordshire wrote: »

I don't know if it complies with the new protocols.

Then read them and you will.

Why do think it's a choice between just two replies, is it because they are the only two linked in the NEWBIES thread?! What about all the (more recent) other examples not linked there? There are DOZENS of replies penned to BW Legal already.

So, when you read LOC123's example you will have spotted the most unusual keywords to use to search the forum for more examples of it - obviously the rare word is 'immune' (doesn't take a parking law/forum expert regular to spot rare keywords, any newbie can spot them and search).

And your letter is from a solicitor firm, such as they are.

So you simply search the forum for 'solicitors immune' or 'BW Legal immune'.

Easy. A single search finds loads like it written very recently. Don't wait for links, find your own with a search.

KeithP

Upsy, what time were you given to respond to that letter?

If it was 14 days, then that is the first indicator that the letter does not comply with the latest protocols.


Is this a continuation of your 2016 episode with VCS?
If so, can you please get a board guide to merge your two threads.

Upsy_Staffordshire

KeithP wrote: »

Upsy, what time were you given to respond to that letter?

If it was 14 days, then that is the first indicator that the letter does not comply with the latest protocols.


Is this a continuation of your 2016 episode with VCS?
If so, can you please get a board guide to merge your two threads.

There wasn't anything in the letter saying when I needed to reply by, but they've sent a Reply Form and an Information Sheet, both of which say I have 30 days. 30 days actually went past a while ago but they sent me another letter last week that I received today saying that the last date is today - so confusing.

Oh gosh yes it is - I will look into how I get a merge requested, sorry!

Upsy_Staffordshire

Okay Redx - that makes sense, thank you.

Thank you for the link Umkomaas - will give it a read.

Coupon-Mad - I will search for those keywords - thank you.

Your help is much appreciated

Upsy_Staffordshire

I've read through the new protocols link and it appears they've followed them e.g. they've sent me the information sheet and reply form etc.

The contravention description is: not parked correctly within the markings of a bay or space. The bay markings were barely visible. They weren't able to be seen in the daylight, so the car was parked in between 2 other cars. On returning to the car in the evening, the other cars had gone and the bay markings were just about visible under the car park lighting.

I'm presuming that I'm just requesting evidence as to why they gave the PCN? I.e. asking for evidence that the bay markings were clearly visible? Photographic evidence?

Upsy_Staffordshire

I'm going to fill in the reply form saying we dispute the PCN and send the following letter with it:

Dear Sir,

I am in receipt of your Letter Of Claim of 23rd November 2017. Your letter fails to provide copies of evidence your client places reliance upon.

I require your client to comply with its obligations by sending me the following information:

1. Details of the signs displayed (size of sign, size of font, height at which displayed)

2. Photographic evidence to suggest the vehicle was not parked correctly within the markings of a bay or space

3. Photographic evidence showing the visibility of the bay markings at the time the PCN was received

Yours faithfully


Is there anything else I need to add/change?

Coupon-mad

Also ask for:

- photos of the sign and car in the same image

- a close up of the signage terms take on the day

- a copy of the landowner contract (you won't get it until before the hearing, but ask for it anyway to keep them busy).

Get that emailed to BW Legal tonight, now. Immediately. And post a copy 1st class on Tuesday with the reply form completed (keep a copy OF COURSE!) with proof of posting from the PO counter, too (not recorded or special delivery, not 'signed for' and not just popping it in a postbox randomly over the Bank Holiday).

I don't have BW Legal's email address but I bet the forum does, if you use 'advanced' search...and change to 'show posts'.

Upsy_Staffordshire

Thanks for the reply Coupon-Mad - I sent the email before I saw it but never mind! They included an email address on the letter so I sent it to that.