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Bw legal portswood car park, southampton

LOOKING FOR SOME ADVICE,

Apparently a vehicle that I was the registered keeper of in July 2018 was parked for 11 minutes over the permitted 2 hour window, I wasnt the driver, and im not aware who was either, could have been any of 3 other members of the house who are users of the car, its May 2019, and quite honestly working out who was in the car last year in July is a problem. Ive been called literally every day for weeks on end by BW LEGAL, had countless letters, most of which ive filed in the bin, and others that ive kept. Ive even blocked there number, but somehow they manage to get through to leave a voicemail!? (can i request a copy of the call logs from them? legally are they obliged to tell me, Id like to counter charge them for stress and wasting my valuable life minutes

Im not scared to go to court for this at all, never been to one in my life. So might be a new experience. ?

Call me naieve maybe, Im just planning on going with the flow, going to court if that is what is going happen and appeal to someones better nature and common sense that 11 minutes is a bit of a tight schedule to arrive, park, get back, get in and leave....the crime!! took place in July 2018, Ive ignored pretty much everything eventually I filled in a form and opted that i dont wish to mediate, and that I want the case moved to southampton, Ive heard from southampton to say they have recieved this request.......and today i got a letter from BW legal again, inviting me to call dispute resolution, the letter highlights the : Background, The BREACH, my response, etc etc etc

Theres a copy of an expenditure form in case i cant afford the £239.48 fine

A photo of a car number plate and a section of the front of a car with a number plate.The photo shows a 11 minute time over the 2 hours

Photos of some signs in a car park, not sure which car park, presumably the Portswood Car Park These photos were taken in Feb 2018, before the crime even happened !?

Theres a letter thats headed -

"Without prejudice save as to costs"
dated the 22 May 2019
Offering for me to PAY £170, within 14 days
and i will not be pursued any further.

if i don't, they are instructed to proceed with a view to obtaining a county court judgement. for the full balance plus costs, and interest.

Will i actually get the chance to go to court and speak my mind? or is all of this just going to be a paper and button pressing exercise, its probably pretty clear to anyone reading this that im not exactly very knowledgeable about this aspect of "Life" Just your average hard working, tax paying individual getting ever more hacked off with automation, and the money scamming organisations that bleed money from anywhere possible, and furthermore do NOTHING, to support the needs of the struggling local businesses that will only suffer at the loss of people who simply wont bother to park there anymore.
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Replies

  • KeithPKeithP Forumite
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    Please show us the Defence you have filed.

    Do you have a date for your court hearing?

    Have you prepared a Witness Statement?
  • UmkomaasUmkomaas Forumite
    36.3K Posts
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    Will i actually get the chance to go to court and speak my mind?
    You'll get the chance to go to court .....! 'Speaking your mind' is unlikely to be allowed, nor is it likely to help you.

    There is a set process and protocol to follow which will be directed by the Judge.

    Answers to KeithP's questions above will help us to get you on the right track.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
  • The_DeepThe_Deep Forumite
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    £239 is far more than the Law allows for this sort of claim. The down market solicitors whom the PPCs engage know this, but, because they are solicitors, know that a lot of people will pay up.

    It is in fact double charging and non claimable debt collectors' add ons. Imo, this is fraud, or, at the very least, improper conduct.

    Were this to get to court and they won, the judge would be unlikely to award the claimant more than £175 - £200.

    I urge you to report this grubby law firm to their regulatory body, the SRA.

    https://www.sra.org.uk/solicitors/handbook/code/content.page

    as I am sure they do not condone this conduct.

    Nine times out of ten these tickets are scams 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, persistent offenders denied access to the DVLA database and unable to operate.

    Hopefully life will become impossible for the worst of these scammers, but 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.
    You never know how far you can go until you go too far.
  • CEC16CEC16 Forumite
    16 Posts
    Hi, thanks for the response, Ive filled in a directions questionnaire, is that what you mean?

    My defence is really only that I know nothing about it, I didnt keep a copy of the form i sent back, but i recall writing that as far i am aware the car was not even in southampton. Which is true, its often in Liverpool as my in laws live there.

    I have not had a court date. just the latest letter which makes the offer of £170.
  • CEC16CEC16 Forumite
    16 Posts
    Thank you for the reply and the links, I find all the bureaucracy very daunting so theyll help, ill do this tonight when i get in from work, Thank you again, Im certainly not going to just roll over and pay
  • edited 30 May 2019 at 10:06AM
    MistyZMistyZ Forumite
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    edited 30 May 2019 at 10:06AM
    Is this Britannia and Portswood Centre Car Park?

    If so, please search for other posts about this specific car park. Britannia have not had authority to operate it since December '18, signage is dire, the whole situation is a mess. Britannia must by now know damn well that they've failed there.

    Looks like they are desperate to make some money out of it somehow. But I cannot see them winning in court against someone who is well-prepared.
  • CEC16CEC16 Forumite
    16 Posts
    Yes it is Britannia PArking and Portswood. Ill take a look.
  • Coupon-madCoupon-mad
    105.7K Posts
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    You can use the forum search for posts containing the keyword Portswood.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • CEC16CEC16 Forumite
    16 Posts
    Just an update ref this thread.

    Had a call from BW legal on Friday last week, asking me if id recieved their "offer" to pay £170...and had I given it any further considertation......I was out working at the time of the call, so I had no access to any of the info ref this offer, I said that I had recieved the notice in the post and that I was NOT paying this offer, and Ill see them in court, I have information that I will be taking with me to the hearing and furthermore I reiterated that I was not pleased to hear they keep refering to "my account" I have never opened an account or agreed for any of my information to be held on their database in the form of an account!.. I have an account for my utilitity bills, bank etc etc, certainly not with BW Legal, they just ended the call saying they would pass this on to the case manager dealing with the issue.


    TODAY, home from work, and a letter has arrived.

    Its Headed
    GENERAL FORM OF JUDGMENT OR ORDER In the Southampton County Court

    Claim number XXXXXXXX
    Date 10th June 2019

    Britannia PArking group ltd, T/A Brittania parking 1st claimant REF XXXXXXX
    MY Name 1st Defendant Ref


    Before District Judge Taylor sitting at the County Court at Southampton London Road Southampton

    IT IS ORDERED THAT

    The claim is struck out as an abuse of process

    The claim contains a substantial charge additional to the parking charge which it is alleged the defendant contracted to pay, This additional charge is not recoverable under the protection of freedoms act 2012, Schedule 4 not with reference to the judgement in parking eye v Beavis. It is an abuse of process from the claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover,

    This order has been made by the court of its own initiative without a hearing pursuant to CPR Rule 3.3(4) of the civil procedure rules 1998 any party affected by this order has a right to apply to set it aside vary or stay it by application made not more than 7 days after this order was served upon the party

    dated 23rd May 2019


    This is all still a bit legal jargon to me, what does this actually mean, in plain english. Im hoping its the end of all the reams of letters and countless phone calls ive had, heres to hoping :)
  • edited 12 June 2019 at 6:16PM
    beamerguybeamerguy Forumite
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    edited 12 June 2019 at 6:16PM
    Good news :beer:

    In a nutshell the judge was clearly pis*ed off with the fake claims from BWLegal

    BWLegal started the fake add-on rubbish and hopefully the courts will finish it now.

    Abuse of process ??? We know this, BWLegal do not HAHAHA

    This thread can be used to help others who BWL try to scam

    This thread is now on here for others to read
    https://forums.moneysavingexpert.com/showthread.php?t=5672664

    You should now refer this to the SRA as a complaint
    Header: Abuse of Process by BWLegal
    https://www.sra.org.uk/consumers/problems.page
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