Worth an appeal to the IPC?

richie2

Hi all,
I am being hounded by BW Legal for a PCN issued by UK Parking Patrol Office.Latest letter is headed Letter of Claim , threat is to take the matter to Court.

£60 fine now up to £237.54 ( I'm not convinced).

The car was parked at Newcastle Airport correctly, but it was dark and Icy so my wife ( who has a health problem) was picked up with suitcase at the barrier.You can guess the rest.

I appealed to these people as of course the "fine" was ridiculous but they rejected it. That was 5 months ago and ever since its been daily harassment from BW Legal, calls texts letters etc.

My first question; is this a genuine letter before claim?Do I respond?

Second question; is it worth paying the £15 and appealing to IPC? I understand their decision is binding on both parties.

I'm happy ( if thats the right word) to go to Court over this as these companies are a menace, and I have plenty time to spend fighting these people.

Advice anyone?
PS I tried reading all the posts in case this is an annoying FAQ but couldnt see a similar thread..dont flame me!

KeithP

richie2 wrote: »

is it worth paying the £15 and appealing to IPC? I understand their decision is binding on both parties.

Definitely not.

Why would you even consider paying £15 to have your appeal turned down?

waamo

Appeals to the IPC are as fruitful as sticking pins in your eyes. There is a long thread about Newcastle Airport that's only a couple of pages back at most.

Coupon-mad

Absolutely 100% categorically NO.

The NEWBIES thread post #3 already tells everyone NEVER to try the £15 IAS.

UKPPO Newcastle Airport

You need to join the WhatsApp group on the UKPPO group Newcastle Airport thread, and read the entire thread to understand about the words to use to CONTEST JURISDICTION (NOT DEFEND!).

Then when you have read it and joined the group, immediately write to BW Legal and tell them that you will be contesting jurisdiction and will then hold their client liable for the £100 court fee for that application.

Talk to the others in the group off-forum to find out why that's recommended.

Amazed you didn't find the UKPPO Newcastle Airport group thread yet!

NO LINK FROM ME. Get searching!

beamerguy

£60 fine now up to £237.54 ( I'm not convinced).

Don't be convinced, the rubbish that BWLegal spew out on a daily basis has become such a bore, they are seen as idiots

IDIOTS yes ...... especially when they keep adding fake scam charges that are not recoverable in a court

Two judges recently kicked them out of court stating ABUSE OF PROCESS ???
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

This now is your job to get a judge to read what other judges say
You do this if they issue a claim.

Block the phone scammers, and ignore unless you receive a letter before claim giving you 30 days to respond, then return here

richie2

Interesting will do.

beamerguy

richie2 wrote: »

Interesting will do.

When I mention BWLegal in my household, my dog tries to vomit.
He cannot laugh ?

Snakes_Belly

I made the very silly mistake of appealing to IAS before I came to this forum. It was a very bruising experience. My appeal was rejected however whilst I did not technically win at court I was only ordered to pay the initial cost of the parking (£3.00) for the day and no costs were awarded. The PPC was the biggest loser having paid for representatives for two days (one hour at representative rates and two hours at barrister rates). IAS actually cost the PPC quite a bit by rejecting my appeal.

I now feel like contacting the IAS and blowing them a bl--dy great raspberry. They will hopefully be history before too long.

The_Deep

As Beamer says, they are asking for monies for which they have no entitlemsnt.

£237 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.

Also, get your |MP on side. 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.

richie2

One question I had; does the road INSIDE the car park count as a Public Road? Or does this rule cease beyond and within the barrier? That is where my PCN was issued as I picked my wife up.

KeithP

richie2 wrote: »

One question I had; does the road INSIDE the car park count as a Public Road? Or does this rule cease beyond and within the barrier? That is where my PCN was issued as I picked my wife up.

A car park, like any other property, has a boundary.

Inside that boundary is clearly private land, therefore it cannot be a 'Public Road'.