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DW Legal PCN - do I respond again now?

24

Comments

  • Macca7
    Macca7 Posts: 21 Forumite
    Any comments on this before I post it off guys? Going to send copies to my local MP, our City Mayor and also Sir Greg Knight. Should it go anywhere else do you think?
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 15 October 2018 at 10:56AM
    Macca7 wrote: »
    Any comments on this before I post it off guys? Going to send copies to my local MP, our City Mayor and also Sir Greg Knight. Should it go anywhere else do you think?

    Yes, The Daily Mail are asking people about their
    stories editor@thisismoney.co.uk

    https://www.dailymail.co.uk/money/cars/article-6251825/Fight-against-private-parking-tickets-campaign-stop-sharks.html

    NOTE .... The Daily Mail already knows about the IPC/IAS scam
    to which VCS are members ... as does Sir Greg Knight
  • Macca7
    Macca7 Posts: 21 Forumite
    Just received a response from BW Legal and another telephone call (voicemail) today despite me explaining in my letter how distressing I find the telephone harassment. Is it possible for me to post a photo of the letter to this forum if I blank out my personal details? I can't see how to do it.
  • Coupon-mad
    Coupon-mad Posts: 153,255 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 25 October 2018 at 5:14PM
    Yes, host it in Dropbox and then break the shared URL link (change http to hxxp like every other newbie does).
    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
  • Macca7
    Macca7 Posts: 21 Forumite
    I've put the files on Dropbox @Coupon-mad and got the links. Do you mean to edit the link by changing http(s) to hxxp. Sorry, I really am a newbie :-/
  • Coupon-mad
    Coupon-mad Posts: 153,255 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Like everyone else does...you need to read more threads and come off this one.
    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
  • Macca7
    Macca7 Posts: 21 Forumite
    I've decided to type it :-)


    "...Dear ******


    Balance £160.00 ("the Balance")


    We write in reference to the above matter and your recent correspondence.


    - Our Client's cause of action is that you stopped where stopping was prohibited.


    - Our Client is pursuing you as the registered keeper of the vehicle


    - Our client does not intend to reply on Schedule 4 of Protection of Freedoms Act 2012


    - The details of the claim are that your vehicle parked without displaying a valid PDT.


    - The PCN which you have been issued with is for breach of contract. The only right which you have to enter the land in question are on 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.


    - This is not a claim of trespass


    - 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.


    - Our Client is under no obligation to supply this.


    - As established members of the Independent Parking Committee, Our Client adheres to their Code of Practice for Private Enforcement on Private Land and Unregulated Care 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.


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


    Accordingly, the full balance is Due. Please contact us within 14 days of the date of this letter on 0113 323 4485 to discuss repayment.


    BW Legal".




    Initial thoughts:


    I never parked in a car park. The car was stopped by someone for 32 seconds in the interest of safety on an industrial estate.
    What is a PDT?
    How can they say that I breached a contract for which I did not know the terms and never agreed to?
    I hate them.
    I intend to pay for my kids Christmas presents with my counterclaim when this goes to court.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Macca7 wrote: »
    I've put the files on Dropbox @Coupon-mad and got the links. Do you mean to edit the link by changing http(s) to hxxp. Sorry, I really am a newbie :-/
    Stick hxxp in the forum search facility for your answer.

    Even putting hxxp into google will solve you dilemma.

    Initiative. ;)
  • Coupon-mad
    Coupon-mad Posts: 153,255 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 25 October 2018 at 5:28PM
    Put PDT into the advanced search box and change to SHOW RESULTS AS POSTS (this sub forum only).

    Please don't ask what acronyms are when it's quicker for you to search, than us to type the same old stuff again and again.


    Email back and ask them to explain this mutually EXCLUSIVE position:
    - Our Client is pursuing you as the registered keeper of the vehicle

    - Our client does not intend to reply on Schedule 4 of Protection of Freedoms Act 2012
    I intend to pay for my kids Christmas presents with my counterclaim when this goes to court.
    Next Christmas then. If a claim was started in November the hearing would not be till the Spring of 2019.
    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
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    - As established members of the Independent Parking Committee,
    Even established members can't get the name right. :D

    What is a PDT?
    PDT = Pay and Display Ticket.
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