Advice needed please -

[Deleted User]

RobinofLoxley . Many thanks for your advice. The POC state PCN issued 19/07/2015 at 20:03 at Berry Head ANPR ????? (not car park) .
£129.20 monies due to claimant.
Statutory interest £29.20
£60 contractual costs subject to PCN terms and conditions.

Re not 'relevant land' as regards POFA 2012, so they could not transfer the liability for any charge to the vehicles keeper if they didn't know who the driver was' .

As above was not met did Premier Parking obtain Vehicle Keeper details from DVLA unlawfully.

We would be very grateful to receive photos of the signage and any information you have .I have sent you a p.m. Many thanks

fisherjim

RobinofLoxley wrote: »

Hi treetops, BW Legal seem to be pursuing lots of claims for PCN's issued around 2015, they must be desperate.

Re Berry Head, Premier Park controlled the car park there from 2013 until they were kicked out in 2017. Though for most of that period the car park was still subject to a local authority traffic regulation order until the order was revoked by Torbay Council around August 2016.

The TRO gave the responsibility for the enforcement of the parking regulations and the issuing of Penalty Charge Notices to Torbay Council. So basically up until the end of August 2016 Premier Park should not have been issuing PCN's in the car park and it was definitley
not 'relevant land' as regards POFA 2012, so they could not transfer the liability for any charge to the vehicles keeper if they didn't know who the driver was.

I have photos of the signage from that time and other info you can have.

What are the Particulars of Claim?

As above here is a FOI request reply that confirms this if it helps:


https://www.whatdotheyknow.com/request/309789/response/851086/attach/html/3/1617462.docx.html

Umkomaas

treetops wrote: »

Re not 'relevant land' as regards POFA 2012, so they could not transfer the liability for any charge to the vehicles keeper if they didn't know who the driver was'

As above was not met did Premier Parking obtain Vehicle Keeper details from DVLA unlawfully.

'Not relevant land' relates to holding the keeper liable under PoFA. If the car park is not relevant land, the PPC can still apply to the DVLA for RK details in order to enquire of the RK who the driver was. In the absence of knowing who the driver was, they cannot pursue the RK under PoFA, unless, of course, the RK inadvertently admitted to being the driver with statements like 'I parked', 'I paid for and placed the ticket in my windscreen', 'I didn't see/read the signs when I entered the car park'.

Much will depend on what their Notice to Keeper (and subsequent documentation) says about who they claim is liable. Check it all very carefully.

The_Deep

The claim is excessive, they certainly should not be charging several years interest, read this

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

and complain to the SRA

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

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.

[Deleted User]

Umkomaas wrote: »

'Not relevant land' relates to holding the keeper liable under PoFA. If the car park is not relevant land, the PPC can still apply to the DVLA for RK details in order to enquire of the RK who the driver was. In the absence of knowing who the driver was, they cannot pursue the RK under PoFA, unless, of course, the RK inadvertently admitted to being the driver with statements like 'I parked', 'I paid for and placed the ticket in my windscreen', 'I didn't see/read the signs when I entered the car park'.

Much will depend on what their Notice to Keeper (and subsequent documentation) says about who they claim is liable. Check it all very carefully.

Hi thanks for your advice. There has been no admission of driver. We dont have the original notice to keeper , but have done a SAR . All past docs received including claim form are addressed to RK

RobinofLoxley

treetops wrote: »

The POC state PCN issued 19/07/2015 at 20:03 at Berry Head ANPR ????? (not car park) .
£129.20 monies due to claimant.
Statutory interest £29.20
£60 contractual costs subject to PCN terms and conditions.

As The Deep says the interest seems over the top and not sure what they mean by "£60 contractual costs" . Their PCN's at the time demanded £85 for the charge.

treetops wrote: »

Hi thanks for your advice. There has been no admission of driver. We dont have the original notice to keeper , but have done a SAR . All past docs received including claim form are addressed to RK

Did the keeper receive a 'Letter of Claim' and if so did they reply and rebut the claim?

[Deleted User]

letter of Claim may have been received cant remember tbh. All paperwork from BW legal just looks like computerised mailshots. We've had two family deaths in 4 months so may have had the eye off the ball.
I've sent you a pm BTW.

Coupon-mad

Search Google Images for:

berry head pepipoo

...and you get some pics. The signs changed in 2015 sometime, I think in AUGUST!

I have some photos somewhere in Dropbox so I will look.

The photos of your car almost certainly show it ON THE ROAD OUTSIDE, as they all did then.

[Deleted User]

Hi defence coming along nicely but I am concerned about posting on this forum as I have been phished by P.P.
Just a quick question what happens in court if the Judge asks the question who the registered driver was, I know I am slightly ahead of myself here but I am just trying to sort out the muddle in my head .
BTW coupon-mad I've sent you a p.m.

Redx

treetops wrote: »

Just a quick question what happens in court if the Judge asks the question who the registered driver was, I know I am slightly ahead of myself here but I am just trying to sort out the muddle in my head.

No such thing as a registered driver, just driver

Read this recent post I made as all the answers are on this forum if you look

https://forums.moneysavingexpert.com/discussion/comment/76068070#Comment_76068070

Bear in mind the claimant may ask it, or the judge, or both, who knows ?

One case on here was adjourned recently because it came up and the defendant was evasive