Britannia Parking / BW Legal / Next Steps

Webneck19

Hi Everyone. Unfortunately we didn't find these amazing forums and all this great info until we had already replied and queried a PCN on Britannia Parking Ltd own appeals section on their site and also in my opinion messed up at POPLA. Wanted to confirm my next step with you guys on here :

Brief History

We were in my mothers car which was parked in a ANPR car park (Exeter Park Road - Bournemouth on 17th October 2018
A ticket was brought and displayed but entered the wrong plate details into the ticket machine.
My wife went to get the ticket and entered our car registration it was raining had we two kids, one a newborn who was screaming and whilst trying to navigate the awful standards of the road surface ( potholes everywhere) my wife was on autopilot and entered our car registration for our vehicle which was parked on our driveway back in Birmingham.

My mother received the Notice To Keeper we imagine around the 28th October, as she was away in Cyprus its hard to be exact. It was issued on the 24th October

When visiting on the 29th October we saw it and that is when we (rather hastily) replied via Brittania Parking Ltd's own appeal section of their website.

We explained (again rather hastily) the full name of the driver and that we had paid for a ticket and therefore no loss has been incurred and the situation (detailed above ) but this fell on deaf ear's. We informed them that we had the P&D ticket as proof of purchase but they were not interested at all, and gave us the choice either pay or appeal to POPLA.

We submitted an appeal to POPLA who have sided with Brittania Parking Ltd.

However in their statement to the POPLA team they said "The P&D ticket provided has a different vehicle registration which has been entered to the vehicle which has parked on site. We have not been provided with evidence this is an alternative vehicle owned by the appellant and cannot prove / disprove the appellant has not been passed a P&D ticket from another motorist to submit with their appeal."

Not once did they ask me to prove ownership of the vehicle which reg plate was entered..I could have easily gave them details weeks ago before escalating this to POPLA
I have seen many times in various threads this is where an offer of a reduced payment have been suggested by certain PPC's due to mistake that has required them to carry out DVLA searches etc.

They also stated to POPLA "We received an appeal on 29/10/2018 from the keeper and driver of the vehicle" No they did not as she was in Cyprus at the time, Driver was ticked on their appeal online portal as I was appealing as the driver and explained in clear terms who was driving.

They are refusing to discuss the matter now saying that it is now in the hands of BW Legal which is fine with me however they are refusing to change the name of the appellant even though I clearly told them on the 29th October who was driving.

I have seen my original appeal document as they sent it to POPLA as part of their "evidence" so how can they possibly say that they have not been informed.

When my mother returned from her holiday she filled in the Transfer Liability section of the NTK and posted it to them as requested.

Not once did they ever query that initial response and ask for more details.

Moving on

I know the main guidelines are now to wait for a LBC. However I would appreciate some advice on the following,

The BW Legal team are now trying to contact my mother via email, calls and text messaging.

Shall i send a cease and desist letter to BW Legal and also explain the situation so far denying the PCN etc ? or just a general cease and desist ?

Do I complain to SRA now about the "double recovery" as they have added on £60.00 and in their letter it states as "clearly detailed in the car park signage"

Finally am I right in thinking that I send a SAR to Brittania if / when I receive a LBC letter. ?

Many thanks

Webneck19

Webneck19

Hi, Just about to reply to BW Legal for the first time. Have I missed anything ? Worded something incorrectly.?

Any help greatly appreciated

Many Thanks

Webneck19






Dear BW Legal,

Reference xxxxxxxxxx

Thank You for your letter dated 5th March 2019.


I deny any debt to Britannia Parking Ltd and will robustly defend any proceedings in court.

For your information, I was the registered keeper of the vehicle in question at that time, but not the driver of the vehicle.

Details of the driver were given on 29/10/2018

Therefore the parking charge and your administration and/or debt recovery charges are none of my concern and I refer you to CPR 27.14.

I note your attempt to mislead me regarding your £60 legal costs. As you are aware, these cannot be recovered in the Small Claims court.
Please note; if you persist, I will not hesitate to report BW Legal to the CSA.

My position is final. Don't contact me again unless to confirm that your client has issued proceedings. I will not reply.

In the event of legal action, I will invite the court to consider whether your client has behaved accordingly.

Please cease and desist all correspondence via email, txt message and phone call. You can only notify me via post at the address you already have on record.

I consider the matter closed.

Regards,


Mrs xxxx

onlyfoolsandparking

Webneck19 wrote: »

Hi, Just about to reply to BW Legal for the first time. Have I missed anything ? Worded something incorrectly.?

Any help greatly appreciated

Many Thanks

Webneck19






Dear BW Legal,

Reference xxxxxxxxxx

Thank You for your letter dated 5th March 2019.


I deny any debt to Britannia Parking Ltd and will robustly defend any proceedings in court.

For your information, I was the registered keeper of the vehicle in question at that time, but not the driver of the vehicle.

Details of the driver were given on 29/10/2018

Therefore the parking charge and your administration and/or debt recovery charges are none of my concern and I refer you to CPR 27.14.

I note your attempt to mislead me regarding your £60 legal costs. As you are aware, these cannot be recovered in the Small Claims court.
Please note; if you persist, I will not hesitate to report BW Legal to the CSA.

My position is final. Don't contact me again unless to confirm that your client has issued proceedings. I will not reply.

In the event of legal action, I will invite the court to consider whether your client has behaved accordingly.

Please cease and desist all correspondence via email, txt message and phone call. You can only notify me via post at the address you already have on record.

I consider the matter closed.

Regards,


Mrs xxxx

What is CSA?


You really need to read A LOT more on here regarding your next steps. Plenty of threads regarding Brittania and loads on BW Lying legal.


Your latest response will have zero impact and BW scumbags will just carry on regardless.


If your going to quote Legalities you need to fully understand them, I cant think of anyone who has got anywhere with CPR 27.14, Keep reading more on here to learn more about the game you are now involved in, you only really need to respond to a genuine LBA/LBCCC.

Le_Kirk

What is CSA?

Presume you mean SRA

onlyfoolsandparking

Le_Kirk wrote: »

Presume you mean SRA

Ah yes SRA another organisation that does NOTHING to help!

Webneck19

Thanks for the replies.

I asked in my first post about when to write to the SRA

I can see that they are a separate firm to CSA, however I mentioned the CSA as BW Legal have a link on their website

CSA Code of Practice
All members are expected to adhere to our Code of Practice, which guarantees that the very highest industry standards are upheld.

The CSA Code of Practice is the benchmark for industry best practice, assuring quality and professionalism in the services Members provide. We work closely with the financial services regulator, the Financial Conduct Authority (FCA), and other industry regulators to continually update the Code of Practice in line with the latest regulatory developments.

It is essential that all CSA members follow our Code of Practice and provide a declaration of compliance with statutory legislation covering our industry. Members can also be subject to annual credit checks.


I only mentioned it as i had seen other posts referencing CSA

the following is copied from another forum member
5. CSA
Although I worked through their code of practice and outlined 16 sections (with paragraph references and specific examples) where BW Legal were in breach of the code, none of these were upheld and the CSA ruled that no breach was found in any example.

6. SRA
Again, having worked through their “handbook” and code of conduct I listed at least a dozen examples of non-compliance. The SRA took 8 months to respond to the complaint and dismissed everything stating “we are satisfied that the firm are acting on instructions over legitimate claims” and will be taking “no disciplinary or regulatory action”.

Now, I am no legal expert, but I can read and understand information and (particularly in the case of CSA and SRA) I am baffled as to how the complaints could be dismissed in totality.

Let us hope that the Parking (Code of Practice) Bill currently proceeding through parliament brings about some change. However, perhaps I am biased and dismayed but there seems to be an awful lot of money being made all around by many organisations from these quasi-legal operators (I have seen a figure of £100m estimated). And how much influence do some of these have on the resulting policy?

This is copied from a member of these forums posted Oct 18 2018. Am i allowed to copy like this or do i need permission etc ?



I got the info regarding CPR 27.14 from a template to send to debt collectors about "double recovery" i will try to find the template.

onlyfoolsandparking

I've never heard of CSA although I don't doubt your sincerity or indeed exploration and yes unfortunately the SRA is a waste of time and effort. I think maybe you should concentrate your efforts on searching the threads regarding Brittannia and BW Lying legal, there are certainly enough on here to keep you busy.


Regarding CPR 27.14, again nothing wrong with you citing it in your correspondence with the Scum and 'Double recovery' is definitely not allowed its just that CPR 27.14 carries no weight with the scammers and is extremely hard to get a Judge to uphold, you have a better chance with 'Double recovery' but again this will only surface in Court, Much better to read all about how to respond to a genuine LBA/LBCCC which could be the next letter you get.


The new parking bill HAS passed but it will be quite a while before we see any real decent changes and it will make very little difference to current claims.

I played letter ping pong when dealing with Excel parking who were trying to scam me and although the regulars tried to tell me not to bother/waste my time its only after I defeated them with a LOC AND!!! read lots on here did I then understand what they meant.

Webneck19

Thanks for your input. I really do appreciate it.

I will take the CPR 27.14 out and just write Double Recovery.

I noticed the other day that the bill had passed and have subscribed to that thread. Hopefully good news for the future.

I am mainly replying to them so it looks good on my part and haven't simply buried my head in the sand. I have been honest (too honest) since this all began with Britannia in October 2018 and just wanted a paper trail between me and BW Legal if / when it gets to court ?

Also to get my cease and desist point across which from what I hear doesn't stop them in the slightest.

Do i need to add anything else in your opinion especially regarding the cease and desist ?

Sorry for the stupid question but what does i defeated them with a LOC mean ?
couldn't find that acronym on the sticky thread


Thanks again

Le_Kirk

LOC = Letter of Claim but I am equally as puzzled as to how you can defeat them with a LOC

onlyfoolsandparking

LOC= Land owner cancellation, would be nice if scammers could be defeated with a Letter of claim haha

Webneck19

Good Evening everyone just a quick update I sent the following email :

Dear BW Legal,

Reference : PCN xxxx

Thank You for your letter dated 5th March 2019.

I deny any debt to Britannia Parking Group Ltd and will robustly defend any proceedings in court.

For your information, I was the registered keeper of the vehicle in question at that time, but not the driver of the vehicle.

Details of the driver were given on xxxxxx

Therefore the parking charge and your administration and/or debt recovery charges are none of my concern.

I note your attempt to mislead me regarding your £60 legal costs. As you are aware, these "Double Recovery" fees cannot be recovered in the Small Claims court.

Please note; if you persist, I will not hesitate to report BW Legal to both the CSA, and the SRA.

My position is final. Don't contact me again unless to confirm that your client has issued proceedings. I will not reply.

In the event of legal action, I will invite the court to consider whether your client has behaved accordingly.

Please cease and desist all correspondence via email, txt message and phone call. You can only notify me via post at the address you already have on record.

I consider the matter closed.

Regards,

Mrs xxxxx


and despite asking for postal correspondence only I received this email today :


Good Morning

Thank you for your email, the contents of which have been noted on file.

You have made an allegation that you were not the driver of the Vehicle on the Contravention Date. As the registered keeper of the Vehicle, and given that you had not provided our client with the full name and serviceable address of the driver within 28 days from the date of the PCN, our client is able to hold you liable for the unpaid parking charge under Schedule 4 of the Protection of Freedoms Act 2012.

Without prejudice to the above, we would be grateful if you would furnish us with details, including the full name and address, of the alleged driver of the Vehicle on the Contravention Date. Upon receipt of this information, we will take further instructions from our client and revert back to you in due course. If you withhold this information, we reserve the right to draw the court’s attention (if county court proceedings have been issued) to your conduct which may be perceived to be unreasonable in refusing to comply with our reasonable request for information. We also reserve our client’s position in terms of costs.

Should you wish to discuss this matter further, please contact our office on 0113 487 0432.
Kind Regards,
bwlegal


Any comments will be greatly appreciated.

Do I reply ?

Wait for it in writing as I sent a cease and desist and they have replied via email ?

Am I right in thinking that the only way of getting details of the Landowner contract is via Land Registry £3.00 or is this info in a SAR ?

Many thanks