BW Legal

Happy12

I dont know if anyone can help me but im a student that attends college at night and i have to park in a britannia car park, I got a fine from britannia because i couldnt pay I had no cash, i tried to pay with my card on there machines but it didnt work & still doesnt work!! then i tried to pay on the app they advertise and they seem to cut the payment off at 6. I appealed to britannia and it wasnt accepted, I still haven't paid and now im getting BW Legal sending me letters adding to the fine and threatening to take me to court. I think this is so unfair and I really dont know what to do.

Le_Kirk

When your appeal was rejected did Britannia send you a POPLA code and did you use it?

Happy12

No, I didn't know what that was until reading about it last night.

Le_Kirk

In which case, some more reading of the NEWBIE sticky is recommended, particularly post # 2 which will be your next step, an actual LOC/LBC/LBA/LBCCC. Empty threats by debt collectors can be ignored, actual court papers cannot!

Happy12

Okay thank you, where will i find this Newbie stuff please?

Fruitcake

If the PoPLA code has expired, ask the scammers for a new one quoting that they are obliged to do so in accordance with the Alternative Dispute Resolution Act 2015. This states that ADR should be available for not less than twelve months.

No doubt it will be rejected, but you will be able to show a judge you tried to resolve this without the need for court, showing you were being reasonable but the scammers were not.

Next, get stuck into the guide to court written by bargepole from post 2 of the NEWBIES. This is a step by step guide from the LBC to the court appearance.

Get pics of the site and signage as soon as possible to support your case.

Happy12

If I pay the fine, can I say to them I don't want to pay the £60 fee they have added on? I Just want them to go away I have exams to think about not these silly people.

Fruitcake

Happy12 wrote: »

If I pay the fine, can I say to them I don't want to pay the £60 fee they have added on? I Just want them to go away I have exams to think about not these silly people.

It is not a fine. I doubt BW will accept any offer less than their inflated scam amount that includes double costs.

You "might" get away with offering £100 to the scammers direct, but this site has a very, very good win rate against the scammers in court provided posters follow the advice here.

Only you can decide how much you want to pay a scammer.
£100, £160, or they pay you up to £95 if you win.

Le_Kirk

Happy12 wrote: »

Okay thank you, where will i find this Newbie stuff please?

One click back and usually 3rd post down (although it sometimes moves around because people wrongly post on it or one of the other stickies). It is entitled: -

**NEWBIES!! PRIVATE PARKING TICKET? OLD OR NEW? **READ THESE FAQS FIRST!** Thankyou!

The_Deep

It is not a fine, it is an invoice for the damage they allege you inflicted on them when you allegedly breached and alleged contract. Pay them not one penny unless a judge instructs you to.

AIUI if the signs say that you can pay by card, and the card reader is out of action, no contract exists, no contracvt= no breach of contract.

If they do take your to court and lose, ask the judge for unreasonable behaviour costs, (CPR27.14.(2)(g), and complain to your MP..

The whole industry is a scam, relying on threats of court, and the public's ignorance of the Law, A bill is currently before parliament which will regulate the scammers, many of whom are ex-clampers.

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 Second Reading in the Lords this month, and, with a fair wind, will l become Law later this 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.