BW Legal Letter

ts6789

I started a thread regarding two PCNs I received but have now separated them out hxxxs://forums.moneysavingexpert.com/showthread.php?p=74975609#post74975609

I received a parking ticket back in April in my residential estate for not displaying a valid parking permit. I had an expired permit on display as per the advice of my housing association who had sent a letter to all tenants advising us to display our expired permits whilst they changed over parking companies. They said they would send details of how to renew in due course. So I followed this advice and parked in my assigned bay with the expired permit on display. However, a few weeks later I received a ticket from Countrywide Parking. I called my HA who said they had sent renewal letters - however I did not (nor did some other tenants) receive these letters. I appealed the ticket however it was rejected and so ignored all the letters that came after.

I received the letter below from BW legal over a week ago. Is this an LBC letter? Or the one before an LBC letter?

hxxxs://drive.google.com/file/d/1Iihb9k1YQHFimQs-TRuBOHkiWUPgiCtN/view?usp=sharing

Fruitcake

ts6789 wrote: »

I started a thread regarding two PCNs I received but have now separated them out hxxxs://forums.moneysavingexpert.com/showthread.php?p=74975609#post74975609

I received a parking ticket back in April in my residential estate for not displaying a valid parking permit. I had an expired permit on display as per the advice of my housing association who had sent a letter to all tenants advising us to display our expired permits whilst they changed over parking companies. They said they would send details of how to renew in due course. So I followed this advice and parked in my assigned bay with the expired permit on display. However, a few weeks later I received a ticket from Countrywide Parking. I called my HA who said they had sent renewal letters - however I did not (nor did some other tenants) receive these letters. I appealed the ticket however it was rejected and so ignored all the letters that came after.

I received the letter below from BW legal over a week ago. Is this an LBC letter? Or the one before an LBC letter?

hxxxs://drive.google.com/file/d/1Iihb9k1YQHFimQs-TRuBOHkiWUPgiCtN/view?usp=sharing

https://drive.google.com/file/d/1Iihb9k1YQHFimQs-TRuBOHkiWUPgiCtN/view?usp=sharing

That looks like a debt crawler letter, but I think it advisable to respond robustly anyway. Do have another go at the HA/MA, asking them to provide you with dates when they will be unavailable for court as they are jointly and severally liable for causing this situation and you will require them to attend as witnesses.

You should also thoroughly check your lease/AST and Head Lease to see what it says about parking. This will have primacy of contract over anything the HA/MA and parking scammers say.

If there is no mention of a permit scheme then it begs the question, why on earth are you displaying one.

Umkomaas

https://drive.google.com/file/d/1Iihb9k1YQHFimQs-TRuBOHkiWUPgiCtN/view?usp=sharing

Nope, not a LBC. One may come in due course, but this isn't it.

Follow Fruitcake's advice.

ts6789

The HA claim that they sent the letter but I didn't receive it, nor did a few other tenants in the estate, including my father. I will write/speak to the HA again, because I don't think it's fair that the parking company they've brought into keep non-residents out of our estate are now issuing tickets and threatening letters to residents. Is it within the HA's power to cancel the claim or is it too far along at this stage?

The tenancy agreement mentions the following in terms of parking so I think the primacy of contract defence may not be appropriate in this case.

"You, members of your household and your visitors will:
- only park in marked parking areas
- comply with any parking schemes running at the estate"

Coupon-mad

I will write/speak to the HA again, because I don't think it's fair that the parking company they've brought into keep non-residents out of our estate are now issuing tickets and threatening letters to residents.

But that's what all PPCs do, are the HA stupid to think the PPC want to ''keep trespassers out''? OF COURSE THEY DON'T!

bargepole explains the 'scam' here; how come landowners don't realise, or do they not care?

https://forums.moneysavingexpert.com/discussion/comment/74972887#Comment_74972887

Normal conduct for a PPC, it's what they do and will continue to do to you.

Is it within the HA's power to cancel the claim or is it too far along at this stage?

Always possible because the PPC is their contractor.

Fruitcake

ts6789 wrote: »

The HA claim that they sent the letter but I didn't receive it, nor did a few other tenants in the estate, including my father. I will write/speak to the HA again, because I don't think it's fair that the parking company they've brought into keep non-residents out of our estate are now issuing tickets and threatening letters to residents. Is it within the HA's power to cancel the claim or is it too far along at this stage?

The tenancy agreement mentions the following in terms of parking so I think the primacy of contract defence may not be appropriate in this case.

"You, members of your household and your visitors will:
- only park in marked parking areas
- comply with any parking schemes running at the estate"

You should also ask to see the contract between the scammers and the HA, and ask them to show you specifically where it allows a third party to issue PCNs, charge residents for parking in their own demised space, and take residents to court.
How can you reasonably be expected to comply with a parking scheme (contract) if you have not been a party to the said contract in the first place?

You have a written instruction from the HA telling residents to display an expired permit, therefore you were complying with the parking scheme in place at the time.
Can the HA prove the new permits were sent to everyone, and specifically received by you?

Was the parking scheme in place before you moved in? Was it with the PPC who issued the PCN?

Put all your questions in writing.

Don't forget to complain to your MP about this unregulated scam as per the information in post 1 of the NEWBIES.

ts6789

I spoke to the HA parking officer on the phone. She said that the letter was sent to us in March (and will provide me with a copy) I did not receive this letter. She also sent letters regarding rent arrears on the account which would prevent the main tenant (my sister) from applying for a parking permit. We did receive this before the ticket was issued but I'll be honest we did not register these rent letters until the ticket came through - we did deal with it swiftly after however.

I asked for details of the contract with the PPC but she said she could not share that with me but made clear that as I did not comply with the parking scheme at the time that they were within their right to issue a ticket. She reiterated that it is the HA's land and that anyone, residents or non-residents, who parks without a permit can be given a PCN. My sister, the main tenant, started her tenancy after the parking scheme was put in place but it was a different PPC I believe as they switched over to Countrywide Parking earlier this year. Does this help my case?

I will follow up with the HA in writing but are there any other questions I should be asking other than requesting evidence of the letter being issued and details of the contract with the PPC. I don't think the HA will demand the PPC cancel the claim.

I'm wary that my case is rather weak and i'm minded to pay it off - it's causing me a great deal of stress!

Coupon-mad

I'm wary that my case is rather weak and i'm minded to pay it off - it's causing me a great deal of stress!

Residential cases are never weak. PPC scams are NEVER worth paying for an easy life, or you would be joining/practically as bad as the PPC, funding and sponsoring the business and actually bank-rolling the next 4 or 5 PCNs against more victims.

Not on here, we don't, and nor do any newbies...! Be confident.

ts6789

The HA responded saying that they will not be able to assist with appealing any PCNs. They seem to think Countrywide Parking have a legitimate basis to issue this PCN.

I have now received a Letter before Claim (see below) addressed to my old address. I emailed BW Legal before this letter came telling them to remove my old address and informing them of my new address. They asked for proof of my address using either a drivers license or passport. I don't feel comfortable giving them that proof especially since all the previous letters regarding this PCN were addressed to my current address. What should I do? And is their Letter Before Claim valid if it's sent to a previous address?

The letter is accompanied with an Income and Expenditure Form - not sure why they are asking for these details? There is also a Reply form, which I'm assuming I should ignore?

KeithP

You are free to choose any address you like for service.
You do not need to live there. You do not need the same address on your Driving Licence. In short, you do not need to have any evidence that it is your address. It is just an address that you have chosen for them to serve documents on you.

I'm also not sure how a Passport will help either.
My passport has no address at all anywhere in it.

Coupon-mad

You do not have to fill in the forms that accompany a LBC (they are standard forms).

Reply and reiterate your address for service and tell them there is nothing in the CPRs that allows them to reject a perfectly serviceable address provided, and to ask for a passport or driving licence is excessive.

If they do not erase the old address data and stop faffing around demanding excessive data from you when you are entitled as a Defendant to state your address with no such proof needed, you will immediately report BW Legal to the Information Commissioner to add to their file they no doubt have.

Ask for any evidence you are missing - all photos, all letters? Are there 2 PCNs & does the LBC refer to both, if not then point that out.