BW Legal ringing family members

beamerguy

Have I read this correctly ?

"We have allowed 10 minutes grace period after the expiry of the ticket and your vehicle over stayed your paid ticket by 12 minutes which is 2 minutes after we have allowed a grace period."

Who writes this rubbish from BWLegal
Do they really think a judge will accept a case going to court for just 2 minutes ??? What are they trying to prove to NCP, that they have really gone round the bend

WHAT THE BPA ACTUALLY SAY .....
https://www.britishparking.co.uk/News/good-car-parking-practice-includes-grace-periods

NCP are just one the BPA scammers

clairey262

beamerguy wrote: »

Have I read this correctly ?

"We have allowed 10 minutes grace period after the expiry of the ticket and your vehicle over stayed your paid ticket by 12 minutes which is 2 minutes after we have allowed a grace period."

Who writes this rubbish from BWLegal
Do they really think a judge will accept a case going to court for just 2 minutes ??? What are they trying to prove to NCP, that they have really gone round the bend

WHAT THE BPA ACTUALLY SAY .....
https://www.britishparking.co.uk/News/good-car-parking-practice-includes-grace-periods

NCP are just one the BPA scammers

Exactly this, it's a lot of effort for 2 minutes! But I will fight this until the very end.

beamerguy

clairey262 wrote: »

Exactly this, it's a lot of effort for 2 minutes! But I will fight this until the very end.

Meet the BWLegal idiots in court and watch with pleasure
as the judge whoops them yet again.

Then you claim your costs

clairey262

My letter from BW today.

In response to your allegation of harassment, note that Section 1(3)(c) of the Protection from Harassment Act 1997 (Act) expressly states that a course of conduct that someone alleges to be harassment will not be deemed so if the person who pursued it shows that in the particular circumstances the pursuit of the course of conduct was reasonable. Following our client issuing the PCN, you had an initial period of 14 days from the date of the PCN to pay the sum of £60.00 failing which the charge would revert to the original amount of £100.00. At different stages, our client has written to you setting out the basis upon which the PCN has been issued and the steps you were required to take in order to either pay the PCN, or give reasons for challenging the PCN where appropriate.

Given that you failed to exploit the opportunity to pay a reduced amount, our client is well within their rights to pursue you for the full amount of the PCN including its debt recovery costs. Under the circumstances, our client’s course of action has been entirely reasonable and under no circumstances meets the high threshold of harassment as defined in the Act.

Response to your requests are below:

1. Our Client's cause of action is that you breached the terms and conditions of the contract which you entered into by parking your vehicle in the car park for longer than the time paid for.

2. Our Client is pursuing you as the registered keeper of the vehicle.

3. Our Client does not intend to rely on Schedule 4 of Protection of Freedoms Act 2012.

4. The details of the claim are that your vehicle parked for longer than the time paid for.

5. This is not a claim for trespass. The Parking Charge Notice (PCN) which you have been issued with is for a breach of contract. The only right which you have to enter the land in question are on the terms and conditions which apply. It is unnecessary to apply an analysis of offer, acceptance and consideration quite simply because the contract was formed on mutual promises. By parking your vehicle in the car park you have entered into a unilateral contract with Our Client. Acceptance does not have to be communicated, the act of parking your vehicle is acceptance.

6. Please be aware that the contract between Our Client and the landowner is a legally privileged document which you have no right to inspect. However, should this matter progress to court, the contract will be adduced as evidence.

7. Our Client is under no obligation to supply this.

8. As established members of the British Parking Association, Our Client adheres to their Code of Practice for Private Enforcement on Private Land and Unregulated Car Parks ('Code of Practice'). This Code of Practice gives recommendations in regards to the signage within the Car Park. The signs within the car park comply with the recommendations in the Code of Practice and are therefore deemed reasonable.

9. £100.00 remains unpaid for the Parking Charge Notice. Additionally, you are also liable for our £60.00 instructions fee as your file has been passed to us.

Should you wish to discuss this matter further, please contact our office on 0113 323 4479

Kind Regards,

Redx

so NCP are stating that they are chasing the RK for this alleged debt by assuming that the RK parked the vehicle, even though they are not using POFA2012 to hold the keeper liable

that assumes that the KEEPER and DRIVER are one and the same person, so unless the keeper told them who was driving, they have no basis to make that assumption

they are also assuming they can bolt on legal costs like their own fee , but a judge will actually decide

seems a lot of work just to get £60 out of it, assuming they won and were awarded their fee

they are wholly relying on the 10 minutes GRACE PERIOD too , no leeway for anyone being blocked in or prevented from leaving etc

Coupon-mad

Given that you failed to exploit the opportunity to pay a reduced amount

You really could not make this drivel up, could you? Hilarious dross!

''Your fault, you didn't pay the cheaper scam, so the PPC can pursue you for a bigger scam sum...''

KeithP

8. As established members of the British Parking Association, Our Client adheres to their Code of Practice for Private Enforcement on Private Land and Unregulated Car Parks ('Code of Practice').

As established members of the British Parking Association, I would expect their client to know the name of their CoP.

"Private Enforcement", what on earth is that?

clairey262

Redx wrote: »

they are wholly relying on the 10 minutes GRACE PERIOD too , no leeway for anyone being blocked in or prevented from leaving etc

I might be completly wrong on this but i've not found anywhere on the BPA where a grace period states 10 mins...


“An observation period is the time when an enforcement officer should be able to determine what the motorist intends to do once in the car park. The BPA’s guidance specifically says that there must be sufficient time for the motorist to park their car, observe the signs, decide whether they want to comply with the operator’s conditions and either drive away or pay for a ticket,” he explains.
“No time limit is specified. This is because it might take one person five minutes, but another person 10 minutes depending on various factors, not limited to disability.”

The BPA’s guidance defines the ‘grace period’ as the time allowed after permitted or paid-for parking has expired but before any kind of enforcement takes place.
Kelvin continues: “In the instance of a PCN being issued while a ticket is being purchased, the operator has clearly not given the motorist sufficient time to read the signs and comply as per the operator’s own rules. If a motorist decides they do not want to comply and leaves the car park, then a reasonable period of time should be provided also.”

so.. If this goes to court am I correct in thinking they've got to prove that 12 minutes from entering the car park to exiting it (in thick snow) park up, queue for a ticket, read the signs, and drive out the carpark is enough time to do it all in? The ANPR camera is probably not even sync'd to the P&D time anyway.

Redx

correct, the CoP is a guideline and the 5mins or 10 mins is not set in stone, so many factors including snow, weather, visibility, other vehicles being slow to enter, slow to leave etc could influence the time on site

which is what that CoP is alluding to

all you would have to do is state what kept the vehicle on the site, like waiting for a space, poor weather, delays to exiting etc would cause 12 minutes to be "reasonable"


mmm, did you READ the BPA CoP January 2018 edition ? CLAUSE #13 ?


and YES, anpr discrepancies etc can also happen

Coupon-mad

I might be completly wrong on this but i've not found anywhere on the BPA where a grace period states 10 mins...

In the Code of Practice...