They sent me the evidence that I had a valid ticket. Doh!!

el_bandito

Hi

In January I parked at a private car park which I occasionally use. As I have been previously ticketed by their super-aggressive parking Nazis I am always very careful to buy a ticket.

In mid-March I received a letter from the parking firm saying they had issued me a PCN on that date for failing to display, and unless I paid £60 the penalty would rise to £100. I had no memory of receiving one of their little PCN notices and knew I wouldn't have overstayed so I ignored their letter. Several months later and I have received a series of subsequent letters and been passed to BW Legal. I haven't responded to anything and am receiving almost daily texts and automated phone calls to my mobile from BW Legal. I didn't give them my mobile number and haven't answered any calls or replied to the texts. It is getting increasingly intrusive and annoying. They are threatening to take me to court.

At this late stage I made a SAR request to the parking company and they sent me the photos which not only show that I was displaying a ticket but also that the ticket was valid. They also show the PCN lodged under the end of the windscreen wiper in a position that is completely obscured from the driver so I well might not have noticed it and maybe it flew off next time the wipers were on. You can see the photos here [email]htt@ps://!!!!!![/email]/2Jfa5qD ( please delete the @ character to get the link to work ).

So I am expecting a summons and their own evidence will confirm my innocence. I am very suspicious that they simply ticket cars with valid tickets in the hope that people will not remember the events of several months ago and some will immediately cave in and pay the £60. I want to cost all of the parties involved ( excepting the Court ) as much time and money as I can. If I can get some compensation for the aggravation and time spent in court that would be good.

What to do now?

Thanks in anticipation.

Dave

Redx

No summons will arrive because it is not a criminal matter

It will be an mcol claim for pack from the CCBC in Northampton that will arrive

Wait for this to arrive if the SAR has already been done

Which PPC issued the PCN ?

Ms_Chocaholic

Here's the clickable link for you
http://www.springboardinternet.co.uk/ticket.jpg

fisherjim

I am in theory mode today, my theory is they issued this PCN because the ticket is stuck on the windscreen on its side, I kid you not!


No way would a judge go for that in my opinion, and they probably wouldn't turn up at court anyway.

Egbert_Nobacon

My theory is a bit different.

I suspect the parking goon put the PNC on the screen took the picture and then removed it.

Most people would have thrown away the ticket and paid up without asking for the photos once they received the NTK.

They have harassed you and obtained your info without just cause so send them a LBA claiming:

£500 for harassment
£500 for obtaining your data.

Hopefully they will drop their claim and make you an offer to settle.

Coupon-mad

Dave, email BW Legal in this sarcastic style to try to stop this claim altogether:

https://forums.moneysavingexpert.com/discussion/comment/75784491#Comment_75784491

Add in a section, sarkily pointing out their client is hoist by their own petard, a there is no contravention shown in the SAR photos!

Clairns

Having been through this process- I want to emphasize the importance to everybody to make a SAR request on all cases.

In my case I got some incredibly helpful photos the VCS parking numpty had taken which showed building works were taking place in the bays I had been allocated (my parking invoice was for parking in another bay!)

If I hadn't done the SAR request I wouldn't have this photographic evidence and would have had to rely on a written report from the building company.

When my case has been resolved (almost there- will update soon) I am going to write a thank you card to the lovely VCS numpty who took the photo).

SAR requests also take time and cost the parking companies money- so even if the don't reveal earth breaking evidence they are well worth making.

The_Deep

BW Legal. … is getting increasingly intrusive and annoying.

Complain to their regulatory body.

http://www.sra.org.uk/home/home.page

also complain to you MP, as Nine times out of ten these tickets are scams.

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.

el_bandito

fisherjim wrote: »

I am in theory mode today, my theory is they issued this PCN because the ticket is stuck on the windscreen on its side, I kid you not!


No way would a judge go for that in my opinion, and they probably wouldn't turn up at court anyway.

The ticket says reason for issue is "No permit."

el_bandito

Coupon-mad wrote: »

Dave, email BW Legal in this sarcastic style to try to stop this claim altogether:

Add in a section, sarkily pointing out their client is hoist by their own petard, a there is no contravention shown in the SAR photos!

Thanks. I guess my point is that I don't necessarily want to stop their claim - I want to maximise their costs and inconvenience. If this means attending and winning in the local court then I'm up for that.

Quentin

Your photos allow the PPC to identify you due to the unique information on show

The ppcs do monitor this forum, and could thwart your plans for a day in court at their expense!!