BW legal letter from Brittania Parking

Shutts87

I have now sent Britannia Parking and SAR.

It wasn’t easy to find ever DPO details!

I will keep you posted.

The letter from BW says their next step would be to send a letter of claim so I’m ignoring them for now.

Shutts87

I send the SAR to Brittania Parking via email on the 3rd December. I have had no reply, not even an acknowledgement.

Today I received a letter of claim from BW legal.

What is the best way to proceed? They have given me a paper reply option, set up an account on their website, phone or email.

Le_Kirk

Is it a "proper" LBC giving you 30 days to respond and including forms. If so check the NEWBIE thread post # 2 - HERE and follow the advice.

Shutts87

Thank you to those have helped me so far.

I finally heard back from the SAR. I asked for a list of payments that were not assigned to a vehicle. They sent me this and it showed 3 payments, they gave the beginnings of each registration inputted with them.

One of these was a payment linked to a reg. no. EJ62. That is the start of my wife’s car. Clearly I made a mistake. We share both cars that we own, on the day I parked my car I wrongly put in my wife’s registration number.

So the question is what is my next move?

I did make a payment on the day I was issued a fine but I put in the wrong registration number.

Thanks in advance.

KeithP

Shutts87 wrote: »

So the question is what is my next move?

Le_Kirk told you that on 20th December.

Shutts87

are you suggesting that I can just send my evidence of making a payment with the wrong registration number and that would be sufficient?

KeithP

No, I'm suggesting that you respond to that Letter of Claim in the manner described in the first few paragraphs of post #2 of the NEWBIES thread - as Le_Kirk said.

He gave you a link to that guidance too.

Coupon-mad

And I also suggest you email the PPC's Data Protection Officer (see their 'privacy' webpage - same as the SAR email contact in fact) a Rectification Notice about the wrong VRN.

I wrote out a Notice like that 2 or 3 times in 2018 and you can search to find it.

Shutts87

Needing some advice please.

I used a Brittania Car park last April.

I made the correct payment but I entered the wrong VRN. I used my wife’s car VRN, which I use frequently, rather than my own.

I knew I had made a payment so appealed. Didn’t get anywhere. Debt collectors etc.

I got a letter beige claim and at that point I made a subject access request. This gave me the proof that the machine logged my wife’s VRN and that the correct payment was made.

This escalated to court papers. I completed the online Mcol defence.

The current court fines/fee is £240. BW legal wrote to me outlining why they were pursuing, they attached photos of the signage stating ‘a full and valid VRN’ must be entered. They offered £160 as a without prejudice offer. I’m not accepting that!!!

I have ticked the box to agree to mediation before court.

I have found at least 2 cases so far that would provide case law, privateeye vs Heggie 2014 and Blessing-Burgess 2017. The later seeming to be exactly the same as my issue except there has been no offer from Brittanja of a nominal amount (e.g. £10 in that case) to cancel the PCN.

I would like to avoid going to court and would accept paying a small fee, less than £50, at the end of the day I did make a mistake but it is not fair or justifiable for it to be £160 or £240!

Do I have a case in court or would it be luck on the day with a judge?

Should I counter the £160 offer without prejudice?

Thanks in advance.

Coupon-mad

I have ticked the box to agree to mediation before court.

Nope, that isn't what the NEWBIES thread says to do. It is doomed and pointless.

Should I counter the £160 offer without prejudice?

You could offer £15 maybe, or ignore the offer.