Advice on how to tackle

Coupon-mad

You are at LBC stage and you will get a claim and have to defend and attend a hearing before this scam is over, so read court defence threads in readiness.

Was the original PCN £70 then, and they've added a fake and unrecoverable £54 to it?

FloKane

Yes thats right, it would have been £40 if paid within a fortnight then full price £70.

Thanks for the quick reply couponmad. The letter said funds are by sept 22 or reasons why, should i fill in and send them the financial circumstances form with my response?

They quote costs on top of 124 totalling 209.60 if i go to court and have those fees on top, do you see it costing me any more than that to keep fighting?

Le_Kirk

Don't fill in the financial forms.

FloKane

Thanks , sorry ive just refreshed on the NEWBiES guidance #2 and i see that advice, very bad me for not refreshing first sorry

FloKane

Also as an update for anyone else reading this thread for advice, I sent the SAR to TPS from my work email, now I have read that is not advised (not the end of the world just not advised), I should've used a gmail or generic account I set up specifically for these comms. In response to my SAR, TPS asked for ID and i've sent them an energy bill.


Also, discovered today that BW Legal did a credit search on me, which I understand is to ensure I am still at the address they have on file for me.

FloKane

@coupon-mad may i speak with you directly? I have a new update on my situation which is becoming close to the court moment

Coupon-mad

Sorry that I don't take pm's except from people needing local Sussex help with a case. You can openly talk here ab out any developments, it is safe to ask us all and someone will chip in.

FloKane

Fair enough, thank you. I do appreciate everyone's advice but your name, coupon-mad, has come up more often so was familiar to ask for you personally.

I felt i got very little from tps in response to my sar so i questioned it but they said comms between them and their sols doesn't count as my personal data, the same goes for costs. Bw also replied saying processing would continue while tps responded to the sar altho in actual fact their letter arrived after tps had already dealt with my request . Again stating ive now got 14 days to make payment (or arrangements) before they start court proceedings. Now i am prepared to fight but i am unsure on what basis i fight. I moved house the same weekend i triggered the pcn so i never received it or the reminders. The first i knew was when i got a letter from bw because they mustve checked my address when they were passed the case. Everntually i got the pcn resent to me and it states that my car overstayed by approx 20mins. I just want the opportunity to pay the original amount which i think is fair and good customer service but tps just batted me off to bw and they of course are not interested. So unlike all the cases ive read where the parking company made an actual wrongdoing (incorrect or inadequate signage, flawed timings, uncomplaint process) what is my argument?

Coupon-mad

I just want the opportunity to pay the original amount which i think is fair

No chance, forget it. That NEVER happens and is not an option.

Everntually i got the pcn resent to me and it states that my car overstayed by approx 20mins.

Did you complain to the retailers if this is a retail park? Do that now, again, even if you tried before, and escalate it to the Head Office of whichever retailer.

FloKane

Hello there
Gosh who would've thought more than a year had passed.  So many new threads since, I must say I have no idea how you guys that help out keep up with all the posts, it's incessant.

Anyway in this year since I've had the odd automated voicemail from BW (they are blocked but I guess must go straight to answerphone) and I had put to back of mind but this week (as I finish my C treatment!) I received another Letter of Claim.  This is exactly the same as the one I previously posted photos of, except it has an extra section at the end stating:
'What You Need To Do Now
Payment of £124 or your reasons for non-payment are required by 15 January 2021 to avoid the above legal action.  If you are unable to pay the balance in full blah blah'
Included is a form that asks me to tick a section agreeing either I owe the debt or some but not all, none or I dispute it.

As a reminder this issue occurred because I moved house the week the PCN was triggered and didn't receive any correspondence until BW were in charge.  Since then I've realised that the signage at the site was probably not adequate so I could fight the whole thing on that basis?  As another twist the car park has been taken over by a different company now and the signage is quite different*.  I have photos of the signs from my day (hopefully this link shows a google map screenshot example https://postimg.cc/ftVJ7B5W ) what do you think

I understand newbies 2 will advise me on how to deal with court proceedings and I found this thread https://forums.moneysavingexpert.com/discussion/5886770/just-received-letter-of-claim/p4

*The now landowner is Savills and has been impossible to get a response from a relevant department, i've been unable to find out who the landowners were at the time of the PCN.  Additionally more of the shops in this retail park have shut down since (there were already some empty units!), including the store I visited that day.