PCN at Berry Head Advice needed

Father_Stone

Hello,
My vehicle was issued with a PCN at Berry Head car park in 2015 and this has now been passed from Premier Park to BW Legal. BW are threatening legal action unless I pay £160.

I am keen to contest the case as I have used the car park for around 10 years without issues and put hundreds of pounds into the machines. I have always paid for the parking and so believe there to be a mistake by the machine or camera but can't remember back to 2015!

This alone isn't a case for defence and I could really do with some advice on what to do next.
So far I haven't replied to any of the letters sent.

I have asked the landowner to rescind the case but haven't received a reply.

Thanks in advance
Father Stone

Quentin

All you can do now is wait and see if you do get court action


You can familiarise yourself with how this will proceed by studying post #2 in the Newbies FAQ thread near the top of the forum


That post covers advice on court claims from receipt of the LBCCA (is that what you have?), right to the hearing

Father_Stone

Thanks Quentin.
From looking at previous threads I think I may be able to build a case based on poor signage, and evidence that the cameras are installed to take photos on the public highway and not the car park?
I am sure the mistake would have been on them as I have always to the best of my knowledge paid up.
The machines were frequently playing up but I have no evidence as it was so long ago.
Trying to get my head around popla etc. Is it too late to contest?
The letter from be legal says that I ‘must’ phone them?

MistyZ

It's far too late for POPLA.

Is this the first you've heard about this PCN? That seems unlikely .... has there been a house move perhaps? Or did you appeal initially to the PPC?

Do not phone BW Legal, they are trying to panic you into paying.

Father_Stone

No, I ignored the initial letters from PP and everything went quiet for several years.
I seem to remember a friend saying to ignore as it was from a private company.

rachity

https://www.whatdotheyknow.com/request/off_street_parking_order_for_ber


If you download the attachment on the last post of the FOIA request, notice the date that it was recinded.

Father_Stone

Thank you.
So it was rescinded on the 5th April 2016.
Sorry for not quite following this but what are the implications for my case. Does that mean that parking fines before this aren't legally binding?

rachity

Father_Stone wrote: »

Thank you.
So it was rescinded on the 5th April 2016.
Sorry for not quite following this but what are the implications for my case. Does that mean that parking fines before this aren't legally binding?

Well, as far as I can work out, the site was governed via byelaws up until that date.
Which would make it unsuitable (via the Protection of Freedoms Act 2012 Schedule 4) for private parking co's to ticket there before that date.
I could be mistaken, but it is a public admission on a public platform. (Freedom of Information request on the What Do They Know website.)

Father_Stone

That's great, thanks!
So this might possibly support the case if taken to court?
I also think the cameras are taking photos of vehicles as they enter and leave on the public highway.
I am also scouring threads for photos of signage at that time which I'm sure will show some irregularities.

The_Deep

If this was a bye laws case then they are unlikely to do more than huff and puff. Play the same game. Complain to your MP, Torbay Tourist Office and the Torbay Coastal Trust.

With a bit of luck these scammers will be out of business soon. MP, they are drawing up a new regulations to control these scammers and on 15th March 2019 a Bill was enacted to curb the excesses of these private parking companies. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

rachity

http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted


Sections 3 & 4