BW Legal letter

suellu

Sorry for posting a new thread but I can't see any similar situation and I find this all extremely confusing. In 2017 I parked in the Macdonalds by Southampton Docks (think it was part of West Quay shopping centre), and never having had to pay for parking in a McD before and not seeing any signs that I had to pay, I stayed there around 40 minutes before leaving. I got a PCN through the post. Now I read through some of the threads and, maybe/probably foolishly, I thought that I could ignore it - it sounded like Britannia were one of those companies that would just give up. Well I have just had a letter from BW Legal asking me for £85 + £60 legal fees within 16 days or they will start legal proceedings.

Because I didn't appeal before, is it too late for me to stop this? Also, I genuinely didn't see the signs and didn't pay so do I have any defence? I live hundreds of miles away from Southampton so can't pop back to check where the signs were and how visible.

I'd be so grateful for any advice, I am starting to get worried.

KeithP

Being 'hundreds of miles away' is no longer an excuse in this day and age.

Google street view will allow you to wander all around the car park looking for signs. Take your time - there weren't many signs in May this year.

Castle

According to this you can have 30 minutes parking for free:-
https://www.westquayretail.com/parking/

KeithP

Castle wrote: »

According to this you can have 30 minutes parking for free:-
https://www.westquayretail.com/parking/

That's right, but you do need to get a free ticket from the machine and display it.

This sign from July 2017 says that, but that sign was missing by May 2018.

Coupon-mad

I have just had a letter from BW Legal asking me for £85 + £60 legal fees within 16 days or they will start legal proceedings.

If it is wanting a reply within 16 days then it can't be a 'proper' Letter before Claim, but reply anyway.

Same as all the other reply to LBC threads, send a SAR to the parking firm (NOT BW LEGAL) and a basic, NON TEMPLATE - your own words - reply to BW Legal saying why you are not liable but not saying who was driving, so not ''I did this''. And telling them to put the case on hold while their client replies to the SAR.

I will provide a SAR template to assist, but no other templates to be used (when replying to BW Legal write your own):

https://legalbeagles.info/library/guides_and_letters/court/subject-access-request/

HTH

suellu

Thanks very much for all your help, I will do as suggested!

The_Deep

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week, hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers. It has even been suggested that some of these companies have links with organised crime.

Watch the video of the Second Reading and committee stage in the House of Commons recently. MPs have a very low opinion of this industry.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

https://hansard.parliament.uk/commons/2018-07-19/debates/2b90805c-bff8-4707-8bdc-b0bfae5a7ad5/Parking(CodeOfPractice)Bill(FirstSitting)

and complain in the most robust terms to your MP. With a fair wind they will be out of business by in the not too distant future..