Letter of Claim - Valid Ticket

ScooterMum

Hi all,

I have received a letter of claim from bwlegal - I am the registered keeper of the vehicle in question. The parking contravention description states: Not displaying a valid pay and display ticket.

When the PCN was issued, I was on a week’s family holiday. We parked up and a valid pay and display ticket was purchased and placed on the dash. We had a nice morning out and when we got back to the car, I took the PCN off and put it in my handbag. I was anxious not to spoil the holiday but I knew straight away this claim was incorrect so I didn’t think much of it.

When we got back from holiday I was very ill, I have Multiple Sclerosis, and the letters got forgotten in my pile of things-to-do. When I was well enough, I sent photo evidence of the valid ticket, explained the delay, including a photo of my blue badge as evidence of disability. I have undergone a very aggressive treatment for my MS spread over a 2yr course.

The parking company have passed my case around several of these collections agencies, and I explained my position to each of them, including that I am feeling harassed. Today I received the letter of claim from bwlegal. There are forms to fill in and I understand I have until 7th November to reply.

I want to avoid court action and I want the harassment to stop. The stress has contributed to flare ups of my MS and I have been reluctant to admit it but I need help with this. I have cognitive fatigue - I tire easily, I struggle to concentrate and focus, I get things mixed up, I can be slow to understand. On that note, I will be composing a letter I think, so could someone please just confirm with me what I think my next step is...That I don’t strictly need to fill in their template forms that they have prescribed (which includes income and expenditure forms). I can write a letter reply, which I think I have seen examples of on this forum? Thanks in advance.

Redx

yes, write a letter of reply, same as all the other B W LEGAL ones (do not fill in their forms)

you are not going to stop the hassle nor the court claim, so dont get those ideas in your head at all (its not going to happen)

if you are going to use the EA2010 (not the BB as it isnt valid on private land) then you may need to consider a counter claim if they issue an MCOL, or you might try a claim in the future under the EA2010

FOR NOW, YOU KEEP PLAYING TENNIS WITH THEM

has the driver been identified at all ?

is the paid for ticket still in your possesion ?

do you have pics of the signs on that car park ?

perhaps you need to issue an SAR under the GDPR to get all evidence, docs , pics , signage , landowner contract etc

ie:- make it hard for them too

ScooterMum

Hi,

Thanks for the confirmation re: forms vs letter. Yes, I still have the ticket, no the driver has not been identified. I don’t have pics of any signs, but I can view them and screen shot them on google maps.

I do feel like an SAR would be helpful, I waylaid the bookmark I had to a very helpful post on how best to make this request. I think I need to send emails and/or letters to all of the agencies who have contacted me...

Redx

great , get all the evidence and pics and google photos you can , plus scan or take photos of the paid for ticket too

for now, DO NOT identify the driver, not without good reason as its likely that the VCS ntk failed POFA2012

for SAR info, try this link started by coupon-mad

https://forums.moneysavingexpert.com/discussion/5849784/june-2018-start-of-the-new-ppc-and-dvla-fightback-gdpr-related

Coupon-mad

When the PCN was issued, I was on a week’s family holiday. We parked up and a valid pay and display ticket was purchased and placed on the dash. We had a nice morning out and when we got back to the car, I took the PCN off and put it in my handbag.

I was anxious not to spoil the holiday but I knew straight away this claim was incorrect so I didn’t think much of it.

Why do you think a PCN was issued, was the VRN not input in the machine correctly, or can't you work it out? Ask in the SAR (sent to the Data Protection Officer of the PPC - check their PRIVACY page for contact details).

Ask for the data, electronic status updates and any human decisions and notes that explain why a PCN was issued, plus all photos taken, and a copy of the sign on the day.

Don't send recorded delivery, either email or use a webpage if provided for contacting their so-called data team, or post but ordinary 1st class, getting a free Certificate of Posting from your local PO Counter, and keep that receipt stapled securely to a copy of the letter.

Did you know about Excel v Greenwood, where they tried to con someone with MS:

https://forums.moneysavingexpert.com/discussion/4784284/excel-lose-in-court-after-they-had-won-at-popla

Even if yours is not Excel, it's a scam. Which PPC?

And re the reply to BW Legal, adapt this one to suit:

https://forums.moneysavingexpert.com/discussion/comment/74715383#Comment_74715383

The facts are not going to be the same but the EA and Blamires are relevant! You could indeed consider a counter claim, IMHO.

ScooterMum

Thanks for the replies. I’m drafting an SAR email for Llawnroc parking services (the peeps who issued the PCN) and the comments/links here are very helpful, thanks.

As far as I can deduce, they must have not seen the ticket. We have to open the boot to get my mobility scooter down the ramp and it’s possible it flipped over in a gust of wind? When we returned to the vehicle my daughter was first in through the side doors (it’s a Kangoo) and me via the ramp/boot again. We had lots of bags and lunch things and it was quite chaotic so I don’t specifically remember if me or my husband picked up the paid for ticket except to say that it was there and we laughed it off. It wasn’t the type of ticket where you punch in the reg.

I will have a look at the case examples, thanks for the links . This might take me a while but that certainly softens the blow!