BW Legal LBC DQ - Notice of allocation/ general form of Judgment or Order

Yaddayaddayadda

Morning all.
This thread has been a massive help but just need my hand held for a little to settle my nerves....

Details - PCN (for invalid permit) left on my vehicle in residents car park (holiday flat) of which I was a resident for the period concerned. One permit was issued by the holiday flat owner and required the dates & VRN of vehicle concerned to be filled in. This was NOT completed but permit displayed anyway.
Ticket received on second day of holiday.
I have had the owner of the flat confirm the booking and permission to park. The landowner, however, has passed away and the PPC seem to be getting away with this behaviour.

NTK received correctly.
Appeal to PPC (without disclosing who was driving) rejected.
Letter from BW legal received 28th Dec, saying I had to pay by 1st Jan.
LBC received 8th Jan.
SAR request sent to PPC
Request to BW Legal to put case on hold sent.

I've read the newbies thread and the cases concerning BW Legal... just need a gentle "you'll be fine" (hopefully) or any pointers/ticking offs..... thank you!

The_Slithy_Tove

Yaddayaddayadda wrote: »

The landowner, however, has passed away and the PPC seem to be getting away with this behaviour.

The freehold cannot be owned by a dead person. So it must belong to someone (by inheritance) or some company.

Yaddayaddayadda

Thanks Slithy - will the PPC have to declare who's behalf they are working for, prior to court?

Umkomaas

Yaddayaddayadda wrote: »

Thanks Slithy - will the PPC have to declare who's behalf they are working for, prior to court?

They're under no obligation to do so ....... and they won't!

nosferatu1001

Nope, so you require them to produce the contract, by stating they have no standing. Then you look for whether the contract they HAVE to produce a min of 14 days before is in teh name of the deceased. If it is, you provide proof of this, and point out they therefore have no standing.

The_Deep

Posts 4 and 5 seem to contradict each other. They will have to produce a contract before this goes to court. Was there any signage where you parked? If so its wording may be important.

[FONT=Times New Roman, serif][FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT][/FONT]

Yaddayaddayadda

i.imgur.com/iSZpAaK.jpg

KeithP

i.imgur.com/iSZpAaK.jpg

Neither of those signs state that anything needs to be written on the permit.

So having read the terms and conditions on those signs you are entitled to park if you had a valid permit - as you did - and displayed it.

In your opening post you say "One permit was issued by the holiday flat owner and required the dates & VRN of vehicle concerned to be filled in".
I guess there may have been boxes on the permit, but where was that requirement to write on the permit spelt out?

Yaddayaddayadda

i.imgur.com/GjQEZa2.jpg


Thank Keith - was thinking along similar lines when reading the permit (see link above)

KeithP

http://i.imgur.com/GjQEZa2.jpg

Good to see that there is no instruction there to fill in the blanks.

If anything, it would be prudent for the Seaspray proprietor to fill that out when issuing the permit.

What a joke.

Le_Kirk

KeithP wrote: »

Good to see that there is no instruction there to fill in the blanks.

What a joke.

Worse than that, it states it will invalidate a permit if it is altered - wouldn't attempting to write in your VRM be deemed as an alteration?