Letter of Claim : bwlegal/Britannia

Jetslick

Also, have you tried contacting the landowner? That is an important and often overlooked step in this process, when they actually have the power to intervene and waive the PCN. Else, you'll likely be facing court against BW Legal (this forum will help you with your defence).

halsdad

Jetslick wrote: »

Also, have you tried contacting the landowner? That is an important and often overlooked step in this process, when they actually have the power to intervene and waive the PCN. Else, you'll likely be facing court against BW Legal (this forum will help you with your defence).

I went to the parking location in question - but could not identify the land owner from any signage. The car park serves a number of businesses - in our case - the visit was to Frankie & Bennies ...


Would you advise going in and talking to the manager to establish the land owner? Would they even know?

KeithP

Yes of course you should be complaining to F&B.

Should've been done ages ago.

Point out to them that as a customer you don't expect to have to pay a £100 premium to eat/drink there.

Tell them that you and your family and friends will now have to seriously consider whether they can afford to ever visit their establishment again.

What is the name of this retail park?
Sticking that into google will often reveal the name of the landowner.

Have you used the retail park name to search this forum for the landowner's name?

The_Deep

Write bad stuff on Frankie and Bennies Facebook page and complain to your MP.
It is the will of Parliament that these scammers be put out of business.

Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers.

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. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially 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.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

halsdad

:TYE..................................................SSSSSSSSSSSSSSSSSS!!!!!!:T

SO - I sat down tonight to print out my assault wave of letters to the MP, Landowner, F&B Directors, SRA, ICO, Britannia and our good friends BW Legal.......

And as i was waiting for things to load up i thought i'd conduct my daily check on my email account set up for communicating with all these wonderful folk.....

AND THIS IS WHAT WAS WAITING FOR ME:

Dear *****

Please find enclosed your SAR request.
Britannia Parking have amended their processes in line with current BPA guidelines, furthermore on review of the Parking Charge Notice I can confirm we have decided to no longer continue with our legal case.
We have instructed BW Legal to close the claim.
Regards

Now that my friends - is a 100% result!!

I owe you guys who have helped me an awful lot here - and want to be able to help anyone else who has similar issues with thess companies - willing to post up the pro-formas i drafted etc if beneficial....and to share with you the results of the SAR if it would assist.

The long and short of it is that i was provided with

2 x images of a car ....one arriving at 18:38:36 and one leaving at 20:42:52 ..... total 2hrs 4 mins 16 secs
What is more, the time of payment was logged at 18:41:12 ..... total 2hrs 1min 40secs

ON THE CHARGE NOTICE THEY CLAIM ENTRY TO THE CAR PARK RUNS FROM THE TIME THE ANPR LOGGED THE CAR COMING IN.....SO WHAT WOULD HAVE HAPPENED IF IT TOOK 15 MINS TO FIND A SPACE????? UNBELIEVABLE!!!!!

[I seem to recall that somewhere in a post it was said that there was a 'lee way' each side of the entry/exit time to allow for getting to and from the meter/pay centre to the car and to leave? Perhaps someone could confirm.]

Secondly - 2x images of the ANPR - one clearly visible - one totally illegible ......

Thirdly i was provided with a schematic relating to the locations of the signage (hand written annotations on a block diagram - my child could have done a better job with crayons

Fourth - i had a copy of a letter purporting to validate Britannia's right to approach the DVLA for data

Finally - 2 small 'msg' files that MY MAC WONT OPEN

AND I THINK I HAVE JUST FOUND ANOTHER DETAIL THAT HAS LED TO THIS CASE BEING BROUGHT.....

In the depths of the SAR, there is a 1-line entry code for the index number that reads

KR15OPW ...... EXCEPT THAT THERE IS AN EXTRA LETTER IN THERE .... KRX15OPW (made up the number)

So clearly - the punch code buttons recorded an X in the middle of the index.....she DID pay ..... I was getting ready to use the defence included in #2 of the newbie thread about this....but i dont need to now!!! lol

In all this was still a very limited SAR response and one that certainly comes up way short of the mark in terms of my request.

The advice given here has been first class....
Don't get me wrong - as many others have said - challenging this stuff takes time, application and a lot of reading to really understand the processes and appropriate moves to make, but i did not give up (thanks to the support and encouragement of others here) and i am so grateful that i took your advice on trust and followed it.

I have a tremendous sense of satisfaction at this outcome - and want to encourage those of you who are considering giving up, to stick at it - dig deep and carry on with your challenge.....it is worth it!!!

Please feel free to PM me if you think i can help or assist with anything. I fall way short of being anything other than a one time winner - but a winner i am in this case!! THANK YOU EVERYONE!!!!

:j:j:j:j:j:j:j:j:j:j:j:j:j:j:j:j:j:j:j:j:j
:T:T:T:T:T:T:T:T:T:T:T:T:T:T:T:T:T:T:T:T:T:T:T:T:T:T:T:T:T
:rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl:
:beer::beer::beer::beer::beer::beer::beer::beer::beer::beer:

Coupon-mad

Great! They must have seen something missing in their evidence/data that your SAR forced them to review. Nice result!

Shows the importance of sending a SAR; not everyone will get lucky like that but even if not, it forces them to show their hand nice and early.

Well done, please do stick around and post to encourage newbies with similar claims, we could do with more help on this board from people willing to chip in.

halsdad

Coupon-mad wrote: »

Great! They must have seen something missing in their evidence/data that your SAR forced them to review. Nice result!

Shows the importance of interrupting all parking robo-claims with a SAR; not everyone will get lucky like that but even if not, it forces them to show their hand nice and early.

Well done, please do stick around and post to encourage newbies with similar claims, we could do with more help on this board from people willing to chip in.

I'm up for sticking around.....please let me know how i can be most effective
Willing to be a part of the encouragement crew !!

Coupon-mad

I reckon just read a few threads most days or at the weekend when bored/watching TV, and if you see LBC threads you can reply telling people to send a SAR, and why, and encouraging them.

If you read the forum regularly you will pick up a lot of knowledge and can certainly help us help people.

This is how I started. I was a coupon-queen and 'comper' back in 2006 when I joined MSE, then I stumbled across this board and read threads and learnt things, and then helped people without ever having had a private PCN.

Umkomaas

halsdad wrote: »

I'm up for sticking around.....please let me know how i can be most effective
Willing to be a part of the encouragement crew !!

Do as I did 6 years ago, give advice that you're initially comfortable and confident in giving (perhaps best based on your own recent experience), then as you get involved in or just reading more cases your knowledge expands as does your advice capability.

Don't worry if you give advice that's a bit off target, the forum self-moderates and someone will straighten it out, without being negative or critical. It's really good fun as you see your inputs start having a very positive effect in giving the PPCs a very hard time.

Another adviser who's been there, done it, and has a winners' tee shirt to wear would be just great for the forum.

Well done on beating the scourge. Lucky MSE doesn't have an emoji charge!

halsdad

Umkomaas wrote: »

Well done on beating the scourge. Lucky MSE doesn't have an emoji charge!

:rotfl:

If MSE did....i'd pay it out of my £285 parking charge savings!!!!
THANK YOU Umkomaas (did try to PM you) ..... you were there at the start and i'm very grateful

I'll be sticking around!