NCP ANPR, BW Legal 2nd response

danslerouge

I parked at an NCP car park with new ANPR that I wasn't aware of, it replaced an old pay and display in the city centre. In my POPLA appeal I stated that I thought I was within the initial grace period that you're usually allowed but they say I stayed too long. They claim I stayed 20 minutes. I know that the grace period isn't stated on their sign. I received a letter from BW legal, looked at some threads, I used post #10 on "Civil enforcement ltd parking fine" (can't post link), I replied as advised and BW responded with the email below.

Good Afternoon

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

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 without making payment of the parking charge.

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 without making payment of the parking charge.
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.

5. 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.

6. 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.

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

8. As established members of the Independent Parking Committee, 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,
bwlegal

How should I go back to them? I am not the registered keeper of the vehicle, that is my wife. However for the initial appeal I told NCP that I was driving to avoid giving her any distress because she is currently pregnant. Also arriving today, by post, was a 2nd letter of claim, this time with additional annex about debt advice etc. They are giving me until 2nd December (it was 16 days for the 1st claim letter) to pay or respond, which is very generous of them.

beamerguy

BWLegal are in scam mode again.

"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."

So now it's an instructions fee ? On other days it's an admin fee
or a contractual fee ? IT'S FAKE .. they are adding on fake debt collector fees which they cannot do

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


The IPC is the biggest scam going which was set up by Gladstones solicitors ...... BWLegal then approve the Gladstones scam

WHAT RUBBISH ..... see what is happening to BWLegal, it's so serious that the High Court has apologised to a nurse for the harassment of BWLegal

Call this £60 addon scam out, the Daily Mail needs your story on this sad legal firm and so does Sir Greg Clark MP

DAILY MAIL: editor@thisismoney.co.uk

SIR GREG KNIGHT: sothcottt@parliament.uk

Sir Greg has introduced a new parking bill

READ UP WHAT HAPPENED TODAY
https://forums.moneysavingexpert.com/discussion/comment/74993447#Comment_74993447

Castle

Standard rubbish as demonstrated by the fact that their answers to questions 2 and 3 contradict and their response to question 8 highlights their lack of due diligence; because NCP have always been in the BPA.

Nice of them to confirm that the contract is accepted by parking the car and NOT by just entering the car park.

twhitehousescat

obvious mistakes in there reply

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

followed by

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

KeithP

8. As established members of the Independent Parking Committee...

How many years is it now that the IPC has been known as The International Parking Community?

Code of Practice for Private Enforcement...

Private Enforcement??

Sounds very much like something from the Kray Twins era. :eek:

twhitehousescat

KeithP wrote: »

How many years is it now that the IPC has been known as The International Parking Community?



Private Enforcement??

Sounds very much like something from the Kray Twins era. :eek:

How many years is it now that the IPC has been known as The International Parking Community

ask Carole :rotfl:



but as mentioned above , NCP are BPA members

Coupon-mad

Please just search the forum for this phrase:

As established members of the Independent Parking Committee

...saves us typing, and gives you confidence, when you see from the zillions of other threads about that tedious letter that you are not alone and this letter has not been specially written for your case.

These cases are won at court stage (99% win rate here) so, bring it on.

danslerouge

OK, big thanks all, I'll start with post #2 in "Please help! I have received a CCC from one of the cowboy firms!"

KeithP

danslerouge wrote: »

OK, big thanks all, I'll start with post #2 in "Please help! I have received a CCC from one of the cowboy firms!"

No, please don't do that.

That thread is quite old.

Have you even received a Claim Form from the County Court Business Centre yet?

Coupon-mad

danslerouge wrote: »

OK, big thanks all, I'll start with post #2 in "Please help! I have received a CCC from one of the cowboy firms!"

How have you found such an old thread? That's not how advanced searches for POSTS work.

rsturbomad

danslerouge wrote: »

OK, big thanks all, I'll start with post #2 in "Please help! I have received a CCC from one of the cowboy firms!"

Hi danslerouge,

See my post which me be of some help. The same cowboys and very similar circumstances: -

https://forums.moneysavingexpert.com/discussion/5879817/bw-legal-lbc#

Turbo