May have made a mistake

wickit

Hi.
As the thread title says, I may have made a mistake at the beginning of my case and wondered if anyone here would advise on my next action.
After reading through the Noobs posts, it seems I could have used the pre 2012 not driving clause.
But my ticket was recieved in August 2012. upon recieving the ticket in my first instance I sent the following email to 'Premier Parking Solutions'

On returning to my car this afternoon I found a fixed penalty notice
on my drivers side window.
This was a terrible shock to me, knowing I had purchased a ticket from
the Pay and display ticket machine.

once inside my car I realised the ticket I had purchased was on the
center console of the car, I can assume that upon closing my car that
the Non adhesive ticket that I had purchased and placed on the
dashboard had been blown off by the gust of the closing of the drivers
door.

I have taken a photo and attached the image so you can see the purchased ticket.

Please take this email as a formal appeal for the issue of the parking
charge number 7912, with the reason why charged was issued ' No Valid
ticket on display'

After a automated reply all that time ago, I received many letters from so called debt collectors, and after reading advise on here; I ignored.
I did think after 6 year, they would have dropped the case; not so!

Today I have now been issued a 'Letter of claim' from bwlegal with the said case.
As you can see I can't use the not driving claim, as my initial email could be used against me..
He lies my problem, do I wait for the the summons, and defend with evidence of purchased ticket. (I have photo evidence) or is there another route I should take.

System

Search for "De minimis".

do I wait for the the summons,

No send them a pic and say here is evidence of payment. You claim is "de minimis" as it is clear the appropriate payment was made.

Coupon-mad

Reply asking for all sorts of information, all photos, all letters sent (as per the usual BW Legal reply to LBCCC as seen in the NEWBIES thread post #2).

Is the letter giving you 30 days?

Wait till day 28 then ask those questions, DO NOT DO IT JUST YET!

Once past six years the claim is timed out. Your aim is to engage in comms until August.

Rayb73

exactly the same happened to me in September 2012 and I received a letter today from BW Legal

Coupon-mad

Same advice applies, as I told you on your thread.

Your aim is to dither to reply, then string them out past the six years by asking for everything, including photos, letters, the lot.

Neither of you should have appealed blabbing about who was driving - you shot all your toes off.

The_Deep

This is but aa trifle, and the law does not concern itself with trifles.

https://en.wikipedia.org/wiki/De_minimis

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

wickit

Thanks for all the advise
Have emailed them, asking for details from Premier, and sent proof of ticket paymet.
4 weeks to keep them in convesation, before the 6 years is up.
Thanks again

wickit

OK, so BWLegal has now provided all evidense. Its only 9 days till the 6 years is up, what would be my next action to keep them in conversation?
Do I suggest that I have contacted a solicitor?
Can someone please advise; it's starting to effect my anxiety