BW Legal LBCCC - Car not owned, moved house

lmskja

Hi,

I'll use bullet points to keep it brief.

Before ticket - September 2018

• Moved into new flat September 2018
• Parked in my space in evening (dark)
• Was not informed by agency that a permit was required (they did not organise one)
• Did not use car for 5 days
• At weekend noticed PCN (£100 - £50 if within 14 days)

Phase 1 - September 2018

• Got required permit
• Appealed to PCN issuer, sent them my tenancy agreement and informed them it was my space, it was dark when I parked, permit was not issued (FAILED)
• Appealed to property managers but they said they could not do anything (as I already appealed?)
• Appealed to POPLA stating much the same as above (FAILED)
• Ignored all letters from PCN issuer

Phase 2 - October 2018

• Sold my car
• Got 2 more tickets in new car because wind blew permit off windshield (my fault)
• Complained to property managers who spoke to PCN issuer and got fines reduced to £10 each
• Paid the 2 fines

Phase 3 - June 2019

• Moved out of flat
• Setup mail redirection to my new flat
• Received LBC letter from BW Legal redirected to new address (£160)
• Ignored letter (ignored everything since September POPLA decision)

Phase 4 - July 2019

• Recieved LBCCC letter from BW Legal redirected to new address (£160)

My thoughts:

• The old car has not been registered in my name since October 2018
• BW Legal or the PCN issuer does not know my new address (not sure how easy it would be for them to find)
• After a day of moving it was dark when I parked
• I was parked in my designated space
• I was never informed I needed a permit but I promptly got one
• The other tickets were reduced significantly

Initial plan:

• Send original LBC from BW Legal back as "Return to sender - no longer at address"
• Call estate agents and get in writing that I was not informed a permit was needed
• Call property managers and get in writing that I was entitled to park in the spot despite not yet having a permit
• Write back to BW Legal with enclosed LBCCC forms with copy of original tenancy agreement, letter from estate agents, and letter from property managers
• State I no longer own car
• State I am no longer at the address
• State that I already has 2 PCN reduced (but that was new car - don't want them to trace to new address)

Thoughts on this scenario?

I'm usually quite calm, but this is really making me stressed now.

Many many thanks!

Redx

which parking company ?

lmskja

Premier Park Ltd

KeithP

...don't want them to trace to new address

Yes you do.

You need to make sure the parking company and their solicitors have your correct address.

Otherwise you run the risk of getting a County Court Judgment against you without having any opportunity to defend yourself.

lmskja

How does a CCJ work when they don't have any of my correct details? The only information they have is an old car that was registered to me and and old address?

KeithP

Rest assured that they can find out your current address if they want to.

It may suit the PPC to get a Default Judgment against you at an old address, but after the CCJ a tracing service will find you.

You will then have difficulties getting credit - a mortgage, electricity credit meter, mobile phone contract, etc., for up to six years.

Your choice, but it is far easier to avoid a CCJ in the first place than trying to 'undo' one afterwards.

lmskja

At this point, I'm not really in position where I couldn't afford the £160 fine, but I refuse to pay for a fine where I was parked in my space..

Just wondering the best course of action to get it cancelled or reduced significantly.

What are your thoughts on the initial plan I set ou above?

Coupon-mad

lmskja wrote: »

How does a CCJ work when they don't have any of my correct details? The only information they have is an old car that was registered to me and and old address?

Like this:

https://forums.moneysavingexpert.com/discussion/5824442/ccj-gone-to-old-address-from-parking-fine-has-resulted-in-rejected-mortgage

https://metro.co.uk/2019/06/09/teacher-turned-mortgage-first-home-parking-ticket-9876449/

https://www.dailymail.co.uk/news/article-3784421/Stranger-s-40-parking-ticket-cost-family-new-home.html

Phase 4 - July 2019
Recieved LBCCC letter from BW Legal redirected to new address (£160)

Right so you must reply and tell BW Legal & Premier Park, your current address.

Forget the initial plan!

Initial plan:
Send original LBC from BW Legal back as "Return to sender - no longer at address"
Call estate agents and get in writing that I was not informed a permit was needed
Call property managers and get in writing that I was entitled to park in the spot despite not yet having a permit
Write back to BW Legal with enclosed LBCCC forms with copy of original tenancy agreement, letter from estate agents, and letter from property managers
State I no longer own car
State I am no longer at the address
State that I already has 2 PCN reduced (but that was new car - don't want them to trace to new address)

This is not a fine, it will not be cancelled and will not be reduced.

You have shown yourself to be worth adding to a 'mugs list' I am afraid, as you have previously paid the PPC more than once, as if you actually owed them money! They now think you are a hooked fish.

Whatever you do, no darn well paying it and no avoiding telling them your address, and no replying to any private message (here) or phone call/text you might get about it.

The point is, just do as we say about the address and read the NEWBIES thread post #2 and get the usual SAR* emailed to PP along with the new address confirmation, so that you can see the claim when it arrives and defend in time like everyone else here.

99% win here, when they take our advice.



* all is revealed in the NEWBIES thread 2nd post.