Britania parking and BW Legal

BT1997242

Hi All,

Apologies if this is not the correct place to put it, first post so any helpful advice would be really appreciated. I have read lots of the forums including the newbies one and didn't want to piggy back any individual threads so thought best to start my own, hopefully this is the right place to do it.

I have a PCN from Britania parking, dating back to 18 August 2018. I have ignored all correspondence from them before now but today have received a letter from BW legal, a debt collector.

I was in a local Costa coffee branch in my car, left in a friends car to get food elsewhere (leaving my car) and therefore overstaying the 2 hour time period by around 15 minutes. I did buy a coffee although do not have a receipt.

I have now changed vehicles to a new car and the old car was sold to webuyanycar, not sure if that makes any odds just didn't want to miss any info out.

The letter from BW legal reads as follows:

Dear xxx
Our client: xxx
Account number: xxx
Vehicle reg: xxx
Contravention description: xxx
contravention location: xxx

We have been instructed by Britania parking limited in relation to the balance due for the above parking charge notice.

The balance due includes the £100 PCN charge plus our clients initial legal costs of £60, which are detailed in the car park or signage terms or conditions. Our clients terms and conditions are clearly displayed in our clients signage.

As you have failed to make payment or raise appeal within 28 days from the date of the PCN, the balance due remains outstanding and we require payment in full within 16 days from the date of this letter. If you fail to make payment or provide reasons for non-payment within the specified timeframe, we will seek our clients instructions to commence legal proceedings against you in the county court upon being served with a letter of claim pursuant to the pre-action protocol for debt claims as contained within the civil procedure rules.

It then goes on to talk about county court proceedings, what to do next, call us today, and then the reverse has some bits about how I can pay and even a direct debit form.

What's the best thing for me to do here, like I said first time post so please be gentle....

If any more info is needed please let me know, happy to provide any more.

Many thanks in advance!

KeithP

"we will seek our clients instructions..."

Those words tell us that this is not a Letter of Claim.

You can safely ignore that letter.

Post again on this thread if ever you do receive a Letter of Claim or official court correspondence.

Umkomaas

Selling your car is irrelevant to defending this, it's not a get out of jail card, it was the vehicle that was parked at the time of the event.

beamerguy

The balance due includes the £100 PCN charge plus our clients initial legal costs of £60, which are detailed in the car park or signage terms or conditions. Our clients terms and conditions are clearly displayed in our clients signage.

So which is it ..... in the car park or signage

You need to take pictures of all signs to see where the £60 legal costs are displayed and how easy it is read the T&C's that forms a contract.
If night time, are the signs illuminated

You need to read this thread to understand
https://forums.moneysavingexpert.com/discussion/5672664

BT1997242

Much appreciated all of your help and so quickly, thank you all ever so much!

Thanks KeithP, will make sure I keep future updates on this thread.

Thanks Umkomaas, wasn't sure regarding that one just wanted to ensure all info was there for you guys to help me out, appreciate it though!

Bemerguy, so it's a two hour stay but I know of one small sign which mentions it, I'll go check it out tomorrow, if signs aren't illuminated at night time is this something I should mention in future correspondence? I also had a look at the link and it looks like BW aren't exactly the model company, thanks for that too.

BT1997242

So it's a two hour stay but I know of one small sign which mentions it, I'll go check it out tomorrow, if signs aren't illuminated at night time is this something I should mention in future correspondence? I also had a look at the link and it looks like BW aren't exactly the model company, thanks for that too.

Umkomaas

if signs aren't illuminated at night time is this something I should mention in future correspondence?

You need to take your own good quality photos. If the parking arrival took place during the hours of darkness and the signs aren't illuminated, you need to take some photos without flash.

But you also need photos which clearly show the terms and conditions displayed on the signage, as they form the purported contract the PPC has with the driver. You need to know exactly what they say.

BT1997242

Umkomaas wrote: »

You need to take your own good quality photos. If the parking arrival took place during the hours of darkness and the signs aren't illuminated, you need to take some photos without flash.

But you also need photos which clearly show the terms and conditions displayed on the signage, as they form the purported contract the PPC has with the driver. You need to know exactly what they say.

Ok great, I can do that. From memory the parking was during daytime hours, if this is the case do I have a leg to stand on in this situation?

beamerguy

BT1997242 wrote: »

Ok great, I can do that. From memory the parking was during daytime hours, if this is the case do I have a leg to stand on in this situation?

You always have a leg to stand on with parking scammers.

The signs are very important because they form a contract but ALL info must be clear and your job is to prove they are not clear especially with the BWLegal rubbish

Do the signs clearly show the £60

IE ... £60 or £60

BT1997242

beamerguy wrote: »

You always have a leg to stand on with parking scammers.

The signs are very important because they form a contract but ALL info must be clear and your job is to prove they are not clear especially with the BWLegal rubbish

Ok appreciate the advice, I will take some photos and post on this thread in the next couple of days. One thing I do know is the signs were at the opposite end of the car park to where I was parked and where the coffee shop is, therefore I was actually unaware of ANY parking parameters, I also now know the signs are not illuminated at night from asking someone who works in the same retail park.

beamerguy

BT1997242 wrote: »

Ok appreciate the advice, I will take some photos and post on this thread in the next couple of days. One thing I do know is the signs were at the opposite end of the car park to where I was parked and where the coffee shop is, therefore I was actually unaware of ANY parking parameters, I also now know the signs are not illuminated at night from asking someone who works in the same retail park.

The pictures will be as a driver sees them entering the car park

Don't concern yourself about BWLegal, they take on any old claim without due care and attention

You are new so you will have to upload to a free hosting site and then link here showing hxxp ,,, not http and someone will make them live for you