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Bw legal, blue badge, threatening court proceedings

Hello
I have tried searching for help on this forum but I can't seem to find anything that relates specifically.

I have received a letter from BW Legal stating that I haven't paid a fine from June. The fine I assume they are talking about is when I took my 2 babies (2yrs old and 7months), and my disabled mum to Plymouth aquarium for her 61st birthday. We had her blue badge, which was on display, and paid for a few hours to cover the afternoon. We were slightly late coming back as my mum had a fall outside the aquarium/near the restaurants on the way back from having lunch. During that time I didn't think to go and put more money on the car as her blue badge was on display so I hoped that that would suffice until i managed to get her and the babies back to the car.

I received a letter from the carpark owner and I responded with the above explanation and a picture of her blue badge.

I didn't hear anything after that so I assumed it had been dismissed.

On the 12th if December I have received a letter from BW Legal threatening me to pay £160 (including their clients legal costs), otherwise they will take me to court and undertake debt retrieval via "enforcement".

I'm at a loss as to what to do. I am currently suffering from postnatal anxiety (which the Drs are aware of), and with Christmas in a few days, not to mention the out of the blue threats of the letter I am really worried.

I haven't had a parking fine for well over 11 years, and I've never any driving convictions.

I have emailed my MP (this was the only advice I found relevent on the forum that related).

Any advice?
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Comments

  • Tilt
    Tilt Posts: 3,599 Forumite
    First of all it's not a fine. No private company can issue a "fine" or "penalty".

    What you had was a speculative invoice of which (by the sounds of it) have appealed. On their letter of rejection, they MUST provide you with the relevant info to appeal further to POPLA.... did they?
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • Pickl
    Pickl Posts: 7 Forumite
    It says

    "As you have failed to make a payment or raise an appeal within 28 days from the date of the pcn, the balance due remains outstanding. We require full payment within 16 days. If you fail to make payment or provide reasons for non payment within the specified timeframe, we will see put clients instructions to commence legal proceedings against you in county court up in being served with a letter of claim pursuant to the pre action protocol for debt claim.s as contained within the civil procedure rules"
  • Pickl
    Pickl Posts: 7 Forumite
    Oh sorry. That's the bw lrgal legal letter. I didn't receive a reply from the original appeal so I assumed they had dismissed it
  • Tilt
    Tilt Posts: 3,599 Forumite
    You are entitled to take the matter via the POPLA appeal process. The PPC who issued the 'charge notice' must provide you with a refusal letter. If you haven't received it then I suggest you write to the PPC telling that. It may help if you can let us know the which PPC company issued the 'ticket' in the first place. In the meantime, I would advise not to enter into any correspondence with BW Legal.
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • Umkomaas
    Umkomaas Posts: 43,433 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Which parking company?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Pickl
    Pickl Posts: 7 Forumite
    Britannia parking limited

    Do I contact Britannia directly for the refusal letter?

    So I don't respond to bw legal (they keep phoning me, but I won't answer their security questions, and texting me)
  • Tilt
    Tilt Posts: 3,599 Forumite
    Pickl wrote: »
    Britannia parking limited

    Do I contact Britannia directly for the refusal letter?

    Yes. Inform them that you never received one so cannot use the POPLA process.
    Pickl wrote: »
    So I don't respond to bw legal (they keep phoning me, but I won't answer their security questions, and texting me)

    No. You may have a case for harassment if they continue to do this.
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • Pickl
    Pickl Posts: 7 Forumite
    Thank you!!!
  • Umkomaas
    Umkomaas Posts: 43,433 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I received a letter from the carpark owner and I responded with the above explanation and a picture of her blue badge.
    Was this letter from Britannia?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Pickl
    Pickl Posts: 7 Forumite
    Yes, it was originally from brittania. Since reading the threads I now realise i shouldn't have responded but i panicked.
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