Parking fine due to failure to accept payment at ticket machine.

PARKINGISSUE123

Hi All,

I have received a claim form from County court business centre relating to a parking fine from a few months back.

At the time a ticket was attempted to be purchased from one of two pay machines. Several failed attempts were made until moving to the second pay machine. This machine eventually gave a ticket after 2-3 attempts. The ticket was displayed which was believed to be valid at the time.

A few weeks later a letter was received from bw legal stating that the vehicle was parked without payment. The ticket was quickly recovered from the car only to discover that a void ticket was issued not a parking ticket. It looked the same as a parking ticket upon a quick look.

I have called bwlegal to explain that it was believed at the time that a valid ticket had been purchased and that there was not an issue in paying the £3 that was due. The card used to make the attempted purchase was valid and it was due to the machines not accepting the payment that the fee was not paid.

Despite my explanation I still have a claim form from the county court business centre requesting several hundred pounds.

Can anyone offer help on a potential defence here? It was a genuine mistake but bwlegal seemed uninterested. Ultimately if the machine won't accept payment which had believed to have been made surely the blame can't lay with the vehicle driver?

Many thanks in advance

Le_Kirk

Did you go straight to Claim Form from CCBC or were there PCNs, reminders, debt collector notices, LBC/LBA? Have you moved and not updated your V5C with DVLA. Whatever, you have a claim form and you should now go to NEWBIE thread (one click back, third thread down) and read post # 2 which will take you through the process from AoS to court appearance via defence and witness statement. If you post the issue date of the claim form KeithP will be along to tell you your deadlines and the process for sending off your defence.

Redx

B W LEGAL are acting on their clients instructions and so wont care about anything you said, they are employed to do the bidding of their client and have done so

who is their Client ?

what is the ISSUE DATE from the top right of the claim form ?

The_Deep

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.

PARKINGISSUE123

Thanks for the reply, the claimant is britannia parking group ltd and the date was between 15th and 20th of June..

PARKINGISSUE123

thanks for the reply, I had PCNs and debt collector notices at which point i called to explain the situation, as it had been suggested they didn't seem to care.!

Half_way

Whos car park was this?

PARKINGISSUE123

britannia parking i guess?

Does anyone know of any defence that might suit this particular set of circumstances..

beamerguy

Figures it was Britannia, they seem to have the majority of dodgy machines.

It seems to go over the head of BWLegal about such things and because they follow instructions without due care and attention, they can easily be whooped in court by a judge

BWLegal send "rookies" to court, about all they can afford, these rookies struggle with a judge and it's all down to BWLegal not paying close attention to the instructions of their client.

You can see some of the court whoopings here ....
https://forums.moneysavingexpert.com/discussion/comment/72775365#Comment_72775365

AND now there is a new one where a Judge kicked out a BWLegal for Abuse of Process.

That's the fake scam £60 that BWLegal add on

https://forums.moneysavingexpert.com/discussion/comment/75929156#Comment_75929156

VERY IMPORTANT that you bring this to the attention of the Judge

KeithP

What is the Issue Date on your Claim Form?

Half_way

PARKINGISSUE123 wrote: »

britannia parking i guess?

Does anyone know of any defence that might suit this particular set of circumstances..

Britannia are a parking company, who owns the car park ? Who allowed Britannia to operate on their land?
Is this car park attached to a shopping area/shop etc?