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Bw legal letter ..... LJLA

124

Comments

  • Umkomaas
    Umkomaas Posts: 43,467 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The signs were updated last summer and you cant really miss them as they have erected a second set behind the first pair.
    @esmerobbo - do you mean summer 2017?
    Car was stopped (for about 10 secs) in my car at Liverpool airport back in April of this year
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • esmerobbo
    esmerobbo Posts: 4,979 Forumite
    Part of the Furniture 1,000 Posts
    edited 5 January 2018 at 3:20PM
    Umkomaas wrote: »
    @esmerobbo - do you mean summer 2017?

    It was a long drawn out process as it was retrospective planning permission. Everything was done in stages. The original confusing signs were changed early in the year around January but they then later added a further two about 25 metres along the road, in the spring I took some pictures in May and the signs were there then. The final things they did was place the two welcome boards up before the first signs and recover the road in the blue asphalt.

    So it was all finished in the early summer but the signs were changed around this time last year.

    However all the signs except the two repeaters where there originally and just replaced with the new signs.

    As much as I detest the set up at JLA I would say apart from not being able to read them without stopping and them being confusing it would be difficult to say you didn't see them as they are on every lamp post and about every 10 metres along the fences both side of the carriageway. If you alter the dates on streetview you can see the different signs.

    https://www.google.co.uk/maps/@53.3399243,-2.8582893,3a,75y,180h,90t/data=!3m7!1e1!3m5!1sAVhkuck3JpyC6jbhHlKEsQ!2e0!5s20160701T000000!7i13312!8i6656
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    So after April 2017? So irrelevant to this ?
  • Coupon-mad
    Coupon-mad Posts: 153,080 Forumite
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    si_dean wrote: »
    this time round do i just quote what you have said in your comment Coupon M with some bits taken from prking prankster.

    Yes, that'll be fine. In your own writing style, but you can plagiarise what others have posted, of course.

    As an aside, please contact WHICH? magazine using the easy link from this thread to tell them briefly of your plight. The more people who contact WHICH, the more likely they are to take up this unregulated scam industry as their next cause:

    https://forums.moneysavingexpert.com/discussion/5765579
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • si_dean
    si_dean Posts: 23 Forumite
    Hi Guys,


    Thanks again for your tips & help on the latest letter BW legal have sent me.


    From this (and looking at info from other threads like the parking prankster ones) here is my potential draft that I intend to send back to them.


    Please do let me know if you feel there's any bits I should add (or remove for that matter).


    Once again, all you guys are brilliant and your help is truly appreciated.


    Here is my 'potential draft i'm going to send back to them'.


    As I write this post i'm currently at work so I don't have any of the literature
    to hand, thus I don't know what the references and figures are so these shall be
    amended from the blanks once I get back home (along with any input from you
    guys).


    ===============================================
    Your Ref: xxxxxxxxx


    Dear Sirs,


    In reference to your latest letter (dated .. /.. / ..)


    Enclosed in your letter were xx pages of the signs which you say are displayed on the roads up to the airport.
    From the pictures you have enclosed showing the vehicle registered to myself in them, none of them at any point visibly show signs saying that stopping is not allowed. Furthermore, the pictures you have attached without the vehicle in them, do not indicate that they were taken around the Liverpool John Lennon airport Land. One of these said pictures is in fact is dated 30/08/2012 which is well before this incident took place, and in that picture, all you can see in the background is an industrial unit with no mention or visibility of the airport land.


    My findings of the pictures you have attached of the signs saying that no stopping is allowed, conclude that
    * The signs contains ten times the number of words which can be read safely
    * The smallest font hiding the charge can never be read safely
    * The biggest font is only 1/2 of the required size for vehicles travelling at the speed the
    * The small font hiding the charge is about 1/5 of the required size
    * The biggest font is only readable once the vehicle is too close for the driver to safely turn their head.
    * The biggest font is only readable for 1 second by a driver with legal eyesight travelling at the speed limit.

    The eyesight standards for driving require a driver to read a 8cm number plate at a distance of 20m. This translates into being able to read 4cm letters at 10m.
    The roads leading upto the airport have a 40mph speed limit. At 40mph a vehicle travels 18 meters a second. The font becomes readable at 20m away, and the sign is passed around one second later. Two seconds are needed for 'settle time' before any words can be read. The small print is therefore not readable, as by the time a driver's eyes have settled, the sign has been passed.


    There also remains the impossible conundrum that to drive safely, the driver must stop reading the sign at a distance of 19.38m, but can only read the signs once they get 10m away. Thus, the signs are never safely readable.


    There is no possibility these signs can ever be said to form a contract with the driver, and the signs actually tempt drivers into unsafe driving practices, by making them turn their head too far from the road, and keeping their attention off the road for too long.


    With all this in mind, plus there is still no proof of any contract you have with the land owners, I robustly conclude that you've failed to show a cause of action for any claim in law.


    ===============================================
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    This concludes the matter and I expect to hear no further from you or any agent of yours

    If you do not agree, then provide a fully compliant LBA within 14 days. Any other curse of action will be prime facie harassment, as it will be clear you have no intention of proving your assertions.
  • si_dean
    si_dean Posts: 23 Forumite
    @ nosferatu1001 ...... going off your last post, do I still need to put in the bit about “fully complient LBA within 14 days) as I have a feeling they’ve alreay sent that to me you see ?

    Just to confirm (in terms of letters i’ve received so far from
    BW Legal
    ,
    I’ve had:

    1) Letter dated 09th october 2017 (no title or statement opening ..... just says “Dear Sir”
    2) Letter dated 07th November 2017 (titled FINAL NOTICE)
    3 Letter dated 06th December 2017 (titled LETTER OF CLAIM)
    4) The most recent one in response to my letter I sent them asking for evidemce etc ......
    which they have attached pictures of (no title or statsment opening just Dear <and then my name>
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    I bet it wasn’t fully compliant. BW hasn’t managed one yet.
  • si_dean
    si_dean Posts: 23 Forumite
    from what i’ve learned so far about this BW LEGAL firm they like to use a lot words containing
    “law and contract”

    it all seems very fictional-though as there is nothing to back it up.
    They will try and say this that & the other but fundementally its all nonsense!!

    Do you think its worth while me putting the bit in about the “fully compliant LBA” bit then?

    Once again, your help is greatfully appreciated :0)
  • si_dean
    si_dean Posts: 23 Forumite
    Hi guys,

    Im going to type of my final draft in work this afternoon.

    Before i do though, given the majority of my letter this time is stating how text on the signs are not suitable for the speed limit approaching them etc...... well within the letter from
    BW Legal on the lastet one they’ve sent me with picture evidence etc, within their closing statement they have put:

    “Signage on the approach roads is reflective & postioned to face the oncoming motorists & has been approved by senior management at rhe IPC. Text size is relative to the average approach speed of an approaching vehcicle on those roads.

    Its our clients position that is the lawful occupier of the site and enforces and manages the site terms in a reasonable manner. This is clearly displayed on the signage located on site. “

    Now is there anything i can comment / go back to them on (in ref to that bit above) or will this work in my favour anyway as part of my letter ive said the signs are not appropriate for the speed limit of the roads in that area etc. Just thought i would double check before printing it all off.

    As always, your feedback is greatfully appreciated :0)
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