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Penalty Charge Notice issued at Sennen Cove Beach car park for not displaying a valid ticket

1246718

Comments

  • 69jase
    69jase Posts: 62 Forumite
    10 Posts First Anniversary
    I have now emailed the following:

    Response to BW Legal disputing the debt.
    SAR to Armtrac
    Letter of complaint to my local MP.
    Letter of complaint to the Sennen Cove Harbour Commissioners (via the Harbour Master).

    I received the following automated response from BW Legal; however I included in my email response my full name and address, the PCN Rreference, and their LOC reference ...

    Thank you for contacting BW Legal.

    Your email has been received and will be dealt with as soon as possible.

    Before we are able to reply we need you to confirm a few Data Protection Questions which we have specified below.

    If your email does not contain the below information, we kindly request you resend your email with the required information to enable us to deal with your query effectively.

    BW Legal Reference:
    Full Name:
    First Line of Address:
    Postcode:
    Telephone Contact Number:
    Authorised Email address:
    Confirmation you wish for us to correspond with you via this address (Yes/No):
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    As you say, it's an automated response.

    What is your question?
  • 69jase
    69jase Posts: 62 Forumite
    10 Posts First Anniversary
    Sorry ... having included in my email response my full name and address, the PCN Rreference, and their LOC Reference, I assume this information is sufficient with regard to their request. In addition, as they have already contacted me twice via email, I assume I do not also need to contact them again to confirm I accept them contacting me via email?
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    never assume anything at all, not in this game


    I would do it again and confirm the name , address , reference number , email address confirmation etc, BUT NOT your telephone number , or D.O.B. , or shoe size etc - bare mimimum only
  • Umkomaas
    Umkomaas Posts: 43,437 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Are you using a throwaway Gmail address rather than your own regular email address? Set one up just for dealing with this charge, then when it's all over, let it drift into the etherscape!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • 69jase
    69jase Posts: 62 Forumite
    10 Posts First Anniversary
    Many thanks and also for the advice on using a ‘throwaway’ email. I’ll resend response using throwaway email and then confirm the requested information with that email addy.
  • 69jase
    69jase Posts: 62 Forumite
    10 Posts First Anniversary
    I have received the follow response to me response disputing the charge.

    Good Morning

    Thank you for your recent email, the contents of which have been noted on file.

    Please be advised that you have previously appealed this matter directly to Our Client.

    Our Client rejected your appeal and sent you an appeal rejection letter. This letter outlined reasons for the rejection and detailed how you should proceed if you wished to appeal this matter further. This must have been done within a set timeframe, specified in the aforementioned letter.

    As no further appeal was forthcoming, your recourse for appeal has now expired and the full Balance is due and owing.

    Accordingly, the full Balance is Due. Please contact us within 14 days of the date of this email on to discuss repayment.

    Should you have any queries please contact our office on , or alternatively sign in or register on our Online Customer Portal at.

    Kind Regards,
  • 69jase
    69jase Posts: 62 Forumite
    10 Posts First Anniversary
    Armtrac’s Legal Team are now calling approximately every other day, and when you answer the call it is an automated call asking you to give them a call back, which I am ignoring?

    I have also recieved a response to the SAR, whereby Armtrac have provided some of the information. However, in response to providing evidence that they have paid the initial legal costs/fixed solicitors fees to the Legal Team that are attempting to collect/chase/etc. the alleged debt, they state that at this current time they have not paid anything to a third party to collect payment for the outstanding PCN (s).

    In addition, in terms of the request for a record of payments made from that day for the Pay and Display machine, Armtrac’s response is N/A machines do not retain this information and if the did they do not have access to.
  • 69jase
    69jase Posts: 62 Forumite
    10 Posts First Anniversary
    And the saga continues!


    Following a few months of being pestered by BW Legal with a combination of telephone calls, emails, and texts, and then a period of quiet before starting up again recently, I have today received a County Court Claim.
    Am I correct that, at this stage, I first of all need to return the completed AoS (ticking the ‘I intend to defend all of this claim’ option) within 14 days. I then have a further 14 days to compile my evidence and return the completed N9B form (Defence and Counterclaim)?
    In terms of my defence/evidence, I was considering an enhanced version of my initial forum posting, including the evidence of the original purchased ticket, credit card statement (evidencing the parking payment, both the letters I had written to my local MP and the landowner, appeal correspondence, response to LCC? Any advice in pitching the defence would be welcomed.
    Can I also check that in the NEWBIES posting it states that ‘you do not get a CCJ even if you lose; as long as you pay within 30 days of judgment it's all sorted and nothing stays on the register (i.e. your credit record)’. However, it is stated in the CCC that:
    • Registration of Judgements: If this claim results in a judgement order against you, details will be entered in a public register … They will then be passed to credit reference agencies … This will make it difficult for you to get credit. This appears to indicate that you do and it stays on the register?
    • Also, costs and Interests. Additional costs and interest may be added to the amount claimed on the front of the claim form if judgement is entered against you.
    Sincere thanks again for the valued advice and continued support with this infuriating issue.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    you should actually be reading post #2 of the NEWBIES FAQ sticky thread and doing the AOS online as per the walkthrough (nobody will be posting letters)

    then read the example defences and draft your own

    also post the DATE OF ISSUE from the N1 claim form below
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