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LBC Letter Help!
RLewis
Posts: 4 Newbie
Hi, I have read the Newbies thread and have followed that up until the LBC Letter response where they have responded which i will put down below but i have to clue where to go from here? Should I respond? Thanks in advance
REPLY:
Good Morning
Thank you for your email, the contents of which have been noted on file.
Please see attached photographic evidence as requested, and response to your points raised below.
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 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 signage situated across the Car Park forms a unilateral offer to anyone wishing to park their vehicle at the location. As the offer is a unilateral one, there is no need for the motorist to communicate their acceptance; the performance of parking in accordance with the terms and conditions is the act of acceptance. The signs are prominent and the terms and conditions are clearly displayed, and the motorist would have had the opportunity to read and understand them on parking at the Car Park. An objective observer would consider this action to have been done in acceptance of the terms and conditions.
7. Our Client is under no obligation to supply this.
8. As established members of the British Parking Association, 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.
REPLY:
Good Morning
Thank you for your email, the contents of which have been noted on file.
Please see attached photographic evidence as requested, and response to your points raised below.
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 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 signage situated across the Car Park forms a unilateral offer to anyone wishing to park their vehicle at the location. As the offer is a unilateral one, there is no need for the motorist to communicate their acceptance; the performance of parking in accordance with the terms and conditions is the act of acceptance. The signs are prominent and the terms and conditions are clearly displayed, and the motorist would have had the opportunity to read and understand them on parking at the Car Park. An objective observer would consider this action to have been done in acceptance of the terms and conditions.
7. Our Client is under no obligation to supply this.
8. As established members of the British Parking Association, 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.
0
Comments
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Now await the Claim
The newbies FAQ thread covers how to deal with court claims
See #2 in the FAQ0 -
Is this letter from BWLegal and who is the parking compamy ?0
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Yeah the Reply is from BW Legal and the Company is NCP0
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What are they under no obligation to provide in 7?.
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..You never know how far you can go until you go too far.0 -
Is this letter from BWLegal and who is the parking compamy ?
That figures.
The whole point of the new protocol is that they provide proof
of their claim. Part of that proof will be that their client is entitled to operate in the manner they state and do.
The protocol means that you are properly informed so you can make a informed decision as to whether you defend or not.
BWLegal are denying you this opportunity and hence are flouting the new debt protocol
As we have said many times, the £60 they state is an instructions fee, (or do they mean ... admin .. contractual .. solicitors charge), as these are quotes they have made before ???
Which debt collector chased you before this ??
What actually happened to get this charge ??0 -
Hi Both,
Number 7 Was a plan of where the signs are displayed in the Car park itself.
The Debt collectors was Trace Recovery and I Forgot to pay the amount which I immediatley contacted them on their website about my situation which they never responded to and they don't send electronic receipts when you've contacted them either which is annoying0 -
What do you mean you forgot to pay 'the amount'?
No-one here pays a private PCN scam. We see reported wins in well-defended claims (where we assist throughout) 99% of the time.
Or do you mean you admitted you were the driver and forgot to pay a tariff on the day in a car park?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 THREAD0 -
I Forgot to pay the tariff0
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Number 7 Was a plan of where the signs are displayed in the Car park itself.
In that case I believe that they do an obligation to provide them. I would take this up question with the SRA
.
http://www.sra.org.uk/home/home.pageYou never know how far you can go until you go too far.0
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