BW Legal - Any help very much appreciated...

didgeridoooo

Burning a bit of midnight oil led me to be quite sure that the £60 'charge' BWL are attempting to add on is unlawful. Grateful for any formalised wording i can use or references etc, if anyone has anything ready to roll off a stinging tongue, CouponMad cough cough!!!!!!

nosferatu1001

You point out that, under the POFA, they are prohibited from claiming anything more than the amount on the Notice to keeper. Please explain how you are able to get around clear statute, given you indicate in yur letter that you are using POFA2012 to pursue me as keeper? I require you to provide case law citations that prove you can charge these fees, which you are also aware are completely unrecoverable under CPR27.14 unless my behaviour is shown to be unreasonable. If you are alleging unreasonable behaviour, I require you to explain this in detail. ABsent either of these, you are reminded that claiming a sum which you know you are not entitled to is an abuse of process, a breach of the overriding objective, and will be raised should you be foolish enough to pursue such a matter to court.

didgeridoooo

That's excellent, thanks very much

Coupon-mad

you are reminded that claiming a sum which you know you are not entitled to is an abuse of process, a breach of the overriding objective

Indeed.

Le_Kirk

If you need further ammunition for trying to recover £60, search for beamerguy's post using Abuse of Process as your search words. If you've already seen it, apologies.




ETA: Beaten by Coupon-mad ...............again!

Coupon-mad

I was up early today before 7am for something, so I am quick off the mark today!

beamerguy

Abuse of Process

https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

didgeridoooo

thanks very much all of you, will read those links

didgeridoooo

Well the landowner complaint has come to an unsatisfactory conclusion. Didn't expect more than that really.



There is very clear signage in Maritime Car Park with details of the necessary payments, along with clear instructions as to how the terms of parking can be met. We offer both the ability to pay in cash at the machines or by telephone if there is no change available.

Did you contact Premier Park Ltd regarding this PCN? They have their own appeals processes and also sign up to Parking on Private Land Appeals, the UK independent ombudsman for cases such as yours.

We carefully selected Premier Park Ltd to manage Maritime Car Park on our behalf as they are accredited members of the British Parking Association, the recognised UK authority in parking. We do constantly review the performance of Premier Park Ltd to ensure that they do not act outside their contract and continue to operate in an acceptable fashion.

If you have any further information that you would like me to consider regarding this PCN, please do not hesitate to forward it to me at this email address.

Regards

beamerguy

We carefully selected Premier Park Ltd to manage Maritime Car Park on our behalf as they are accredited members of the British Parking Association, the recognised UK authority in parking. We do constantly review the performance of Premier Park Ltd to ensure that they do not act outside their contract and continue to operate in an acceptable fashion.

BPA A UK AUTHORITY IN PARKING ?????

"What a plonker Rodney"