Another Letter Of Claim - Premier Park/BW Legal

jjimbo320

Hi,
Recieved a LOC today for a 16 min, Parking Session Unpaid of overstayed 2015, via ANPR. I have seen the camera pics of the car entering and leaving the time.
Claim outstanding is £160, looking for a bit of advice on whether or not to pay.
Situation is my partner was driving and looking for a roadside parking space (which she later found and wasnt aware that the car park was recording and she would be fined), there is a council car park next to it which is council pay and display. Going back there is signage in place on the private car park.
On receiving the letter initially from PP i replied advising who the driver was i enclosed a £30 cheque to offer payment in on the basis that at £2 a hour the charges were excessive. I never received a response from PP, but i believe the cheque was banked (thought i would need to check bank statements. )
Clearly the scammers have sold the details on without advising the part payment and are still claiming the full £160.
Realise now ive probably done the wrong thing back in 2015, by discolsing the driver, and circumstances etc.
Obviously i received debt collectors letters for the past few years which ive ignored, on advice of the forum.
Thanks in advance,

jjimbo320

Am I right in guessing the lack of replies means I don't have a defence, and should pay up?

Le_Kirk

No, lack of replies means it's a busy forum upheld by volunteers, it's the weekend, you've posted at night and expect an answer immediately. Go to NEWBIE section and read post # 2, which deals with LOC and the whole small claims process.

jjimbo320

Le_Kirk wrote: »

No, lack of replies means it's a busy forum upheld by volunteers, it's the weekend, you've posted at night and expect an answer immediately. Go to NEWBIE section and read post # 2, which deals with LOC and the whole small claims process.

OK, sorry. Yes I read that. I can't really see any succcesful defences that are a short overstay(in my case the Mrs assumed it was patrolled and didn't buy a ticket).
Are the only grounds for defence inadequate signage? Ie if you drive in and stay for over the grace period you are agreeing to the contract? The reason I didn't pay was I thought that if you ignored it you didn't have to pay up. Sounds like that was not the right advice as 4 years later I get a notice of proceedings.

beamerguy

The first point is your cheque. You must find out if it went through your bank..

If it did without further notification from the PPC such as you under paid, it would be deemed they accepted your payment

BWLegal in their normal rubbish way are trying to scam you with the fake scam add on of £60

BWLEGAL ADD ON A FAKE £60 ?
In addition to the 'parking charge', the Claimant's legal representatives, BWLegal, have artificially inflated the value of the Claim by adding costs of £60 which has not actually been incurred by the Claimant, and which are artificially invented figures in an attempt to circumvent the Small Claims costs rules using double recovery. >>>> thanks to bargepole

https://forums.moneysavingexpert.com/discussion/5672664/bwlegal-the-list-of-failures-growing

The_Deep

I can't really see any succcesful defences that are a short overstay

Nearly all the court cases in which we advise win, simply because these claims are scams and judges know it. If you want to win you will have to put in several hours learning the rules of the game into which you have been c0-opted. The only easy fix if is to pay up.

They are obviously trying to scam you so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. 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.

Castle

Questions:-
1) Is the LOC addressed to you or the driver?
2) Have you kept a copy of the letter you sent with the cheque?

jjimbo320

No it's addressed to me. I took it on as the Mrs didn't want to deal with it.
Yes I have a copy of the letter. All docs I've kept in a file. I will check the bank statements tonight. Not sure if I can go back 4 years though. It was a cheque. Since I heard nothing I never checked or heard back I assumed it was the end of it. Until about a year later I got a debt collection which I ignored.

jjimbo320

The_Deep wrote: »

I can't really see any succcesful defences that are a short overstay

Nearly all the court cases in which we advise win, simply because these claims are scams and judges know it. If you want to win you will have to put in several hours learning the rules of the game into which you have been c0-opted. The only easy fix if is to pay up.

They are obviously trying to scam you so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. 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.

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

Thanks for this. I will certainly open a case with my MP.

Coupon-mad

jjimbo320 wrote: »

OK, sorry. Yes I read that. I can't really see any succcesful defences that are a short overstay

Maybe because you didn't realise you can search the forum to find SHEDLOADS of them with keywords:

defence grace period minutes true

Going back there is signage in place on the private car park

Of course, there always are signs up IN EVERY case. We still see 99% wins here.

Are the only grounds for defence inadequate signage?

No, any of the usual grounds of defence apply as per the grace period defences you read.

Are you the registered keeper of the car?

On receiving the letter initially from PP i replied advising who the driver was

You gave your wife's name and address? If you did (and have proof of posting it) then they have no cause of action against you even if you wanted to assume liability again, the law doesn't work like that. A good thing if PP are aiming a claim against you, who already transferred liability with the name and postal address (did you?) of the driver, way back.

i enclosed a £30 cheque

You will need to give the bank that chq number and ask them if it was ever cashed.
I doubt it.

jjimbo320

Coupon-mad wrote: »

Are you the registered keeper of the car?

You gave your wife's name and address? If you did (and have proof of posting it) then they have no cause of action against you even if you wanted to assume liability again, the law doesn't work like that. A good thing if PP are aiming a claim against you, who already transferred liability with the name and postal address (did you?) of the driver, way back.

You will need to give the bank that chq number and ask them if it was ever cashed.
I doubt it.

I said in the letter quote "I have spoken to my partner who was driving the vehicle at the time, she is unaware that she entered and left a car park. However she drive around and waiting somewhere for a parking space to become available, as at the time it was busy"

I didnt mention her name or who was the keeper. Actually she is the keeper and the driver.