BW Legal not enough proof

Bryyyfromboro

Hello everyone! (sorry for bad english, not my mother tongue)

I have been reading a couple of threads in regards to my problem and I've finally found one similar to mine.

Link: to follow as i cant seem to post them as it is my first post. (similar to Thistle1010)

Exactly the same letter. It paranoids me so much.

Here's the offence:
Left the leisure park.

Useful tip:
I work in Nandos within the leisure park. Ive always park there but there's this one instance where apparently Ive left the leisure park.

Ive asked my colleagues who had the same issue and followed them which pretty much ignored all warnings until I get final warning. I got my final warning dated 2016 and instantly reply asking for evidence. This was dated april 2016.

Finally! One year two months later, BW Legal got back to me with the a letter similar to the link above, along with the photos of my car PARKED IN BLUE BAY(For staff use) AND WITH MY BLUE PERMIT STATING I WORK IN NANDOS. They also sent me the photos where their guys write the offence and it was hand drawn. LOL

I dont think it is enough for me to pay £154 just cos I ignored their warnings. It does get me paranoid and was planning to call them first thing in the morning and have a go at them. I decided to ask you guys first how to deal with this professionaly.

Your replies would be much appreciated. Thanks.

Bryan

[Deleted User]

This is interesting - assuming you were working at the time and on a break. Does your employment contract with Nandos say anything about parking? Or leaving the site?

The basis for the ticket or any entitlement to charge relies upon there being a contract, which is agreed to (you arrive, there's a sign, you don't object to It, you park). Quite clearly customer terms do not apply to employees. I have yet to see a sign that does state employee terms.

As i say your employment contract with Nandos may assist, but my provisional view is

1. Your shift at Nandos is likely to have been longer than the allotted free parking time.
2. Your employer is likely to be required to give you breaks
3. Unless specified it is not unreasonable to leave the site for a short period as you are still working on shift
4. No customer is effected / no losses (It was an employee space)
5. You were still on shift so no employer was affected either
6. No parking terms were infringed for the reasons set out above.

Subject to my assumptions being correct, I'd be minded to reply stating that you were parked during your working hours and to advise that their claim is misconceived.

pappa_golf

STOP !!!

B+W are just debt collectors , NOT a parking co , they just want paying , no help or listening to you

please read the newbies thread , EVERYTHING is explained https://forums.moneysavingexpert.com/discussion/4816822


PS , do NOT start ringing debt collectors up

Bryyyfromboro

@Johnersh
Thanks for your effort to reply. It helped. Here's the rules Ive been told so far, we (staff) can park in blue bay anytime for as long as we want (just make sure we had the permit on my dashboard). Only rule to get fined with it is if I leave the leisure park. This was one year two months ago and I cant really remember leaving the site. And their evidence was just hand drawn. I mean in all seriousness they couldve provide me a picture of me leaving at the traffic lights where their guys mentioned "All signs clear visible. Drover + Passenger left via cargo fleet at traffic lights" underneath his drawing.

It's actually stressing me. Received June 16, 2017 and have 14days to reply.


@pappa golf,
I understand sir, but going through that helps but im actually confused what am i looking at. If needs be can someone spoonfeed me? As this is my first encounter with such issue.

pappa_golf

IT IS NOT A FINE , please reduce stress by re reading the newbies thread , also please tell us the name of the parking company

System

And their evidence was just hand drawn.

Is it dated? The "evidence" requirement is a DVLA one and was a "requirement" from about Feb 2016.

Since BW never produce a witness that can be cross examined then this is likely to be somewhat difficult for them to prove. But then it is only BW being inventive to allow them to send these claims out in the first place.

fisherjim

As you can see the muppets that work for PPC's are not that bright, drawing a diagram of you leaving, really!

If he had time to draw a diagram, he had time to make contact with you and inform you of the rules, and that leaving site is to the detriment of the businesses on site.

This is a scam to extract money out of you and rarely gets any further than threats.

Bryyyfromboro

@pappa golf,

The company is Excel Parking Services Ltd.

@IamEmanresu
I mean by evidence, it was where the excel guys right their statement. I cant seem to post the image i uploaded because "i am just a starter".

Thank you very much guys for quick responses.

Bryyyfromboro

@fisherjim

Thats what my manager from Nandos told me too. I could argue about this all year with them but the thing is though my Dad saw the letter and he's so paranoid about it and it adds up on stressing me.

What should I do now sir?

Lamilad

Send them a short and 'to the point' letter based on Johnersh's suggestion. Don't add in any other commentary or complaints.

Just tell them you were on shift, you had a right to be parked etc... the charge is baseless and misconceived. Also any court proceedings will be vigorously defended with costs sought.

Add at the end that you now consider the matter closed and as such they must stop processing your personal data under section 10 of the DPA.

Email it to enquires@bwlegal.co.uk (with the ref no in subject line) and keep the auto reply as your proof of sending and receipt

Coupon-mad

Done. Not about Bryyyfromboro, of course.