Letter before court received

rohanmadison

Hi I have read the newbies thread but I’m panicking as I got a PCN through the post in August for parking in Xercise4less car park. I saw signs and ignored them so I feel I haven’t a leg to stand on. My husband told me ignore them and they wouldn’t persist but they have and I now have a Letter Before Court giving me 30 days to pay or reply to their forms. I really don’t want to go to court but I also don’t want to pay £160 for a 16 minute mistake. My husband has told me to let them take me to court and to tell them that I was having problems with my car so I panicked and pulled in to the car park, and that he told me to leave it to cool down for 10-15 mins, that I will pay what I owe for 16 mins but not the extortionate amount they are asking for, but after reading here I really don’t think that will go down well. Can anyone give me some advice? Thanks

Redx

Nothing to say apart from pay in full or fight , unless you can get the landowner to cancel it ?

Otherwise it's the same advice as in this similar thread
https://forums.moneysavingexpert.com/discussion/6110895/civil-enforcement-limited-letter-before-action#latest

Name the parking company involved

D_P_Dance

 I’m panicking  ... so I feel I haven’t a leg to stand on

You have as many legs as a centipede,  the whole business is a scam.  Do not pay them a penny, read the stickies and fight them.  If they take you to court we will help, we win over 90% of cases.in which we advise.

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.

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.

Umkomaas

Here we go again - no name of the PPC. Why?

rohanmadison

Sorry the PCN was sent by Premier Park. I have then had letters from PP Legal and recent ones have been from BW Legal saying if I don’t pay or reply by 1st April I will be taken to court. The strange thing is the original charge was for £100 discounted to £60 if paid within 14 days, then it went up to £115 then £170 and now BW Legal are saying I owe £160 so it’s actually gone down a little bit at least! 

Coupon-mad

Not really strange and at court stage, fairly easy to beat, and we even have a template defence designed to get more cases struck out, like you will have read in the Excel (Skipton) thread and also the Britannia v Crosby thread, that I started last week.

Redx

Not really , it was always £100 with an early payment discount

The added spurious charges are made up amounts , see the Abuse of process threads by beamerguy

They are correct in saying that a court case is next

rohanmadison

So if I stick with the fact that my car overheated do you think that will stand? Why do you say not to reply on the reply forms? Do I need a SAR if I have all the letters sent and the correct PCN? 

Redx

those forms are for tenants and other civil disputes etc, no feeding the lions

mitigation may stand if a helpful sympathetic judge is available, otherwise it may rest on signage and technicalities

a SAR produces ALL of your data, including all pictures and documents, not just what you have been sent

Coupon-mad

rohanmadison said:

So if I stick with the fact that my car overheated do you think that will stand? 

What, you are not planning to adapt the template defence covering all the more weighty legal stuff, too?

beamerguy

rohanmadison said:

So if I stick with the fact that my car overheated do you think that will stand? Why do you say not to reply on the reply forms? Do I need a SAR if I have all the letters sent and the correct PCN? 

Did you call out a garage/AA etc , how did you solve that problem. ... do you have proof
The forms are for real debts ..... you are involved with scammers and you do give out personal info .... just bin them.

You need to respond to BWLegal and certainly explain what happened. More importantly you ask them on what LEGAL AUTHORITY do they have to add an unknown £60.   They actually have no legal authority and the courts spank them for this as ABUSE OF PROCESS.   BWLegal of course know all about the spankings they get and they are hoping you won't know .... YOU DO NOW so study the Abuse of process thread

Abuse of Process ... District Judge tells BWLegal
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal/p1

THEN READ ... ABUSE OF PROCESS PART 2
https://forums.moneysavingexpert.com/discussion/6103933/abuse-of-process-thread-part-2/p1?new=1

Don't forget BWLegal are scamming, they think you are a mug