Multiple Parking fines - NCP / Trace debt recovery and BW Legal

hayd555

Hi all,
Just had a letter though from BW legal asking for £100 parking fee and £60 legal costs from Trace to be paid bt 6th April. Or they will then take this to court.
This is 1 of the oustanding 10 I have, long story short I had my car registered to and old house so I never recieved any of the initial communication from NCP car park.
I was contempt about paying the fee's to the NCP car park. however not the additional fees £600 in total to Trace for "which are detailed in the PCN and/or ouyt clients terms and conditions".
The signage actually does not state what amount that is, which I believe is a huge no go.
What is my next steps? 

Umkomaas

Is the advice you're getting on PePiPoo not helping?  Have you read the NEWBIES FAQ sticky here?  I think PePiPoo advised you to do so?  Many PePiPoo regulars are regulars here too. 

http://forums.pepipoo.com/index.php?showtopic=133325

Posting on two forums doesn't get you double the advice, more likely double the confusion. 

D_P_Dance

Is it £60 or £600?  In either case it is unlawful, read this

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

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, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, 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.

hayd555

Hi Both, I wanted to make sure that I had a prompt response and my thread was quite old. 
It's £60 per each so its £600 + each fine on top as well.
I know their are scams but I know that it probably isn't the case and my f up. 

D_P_Dance

If this was residential please read this

http://parking-prankster.blogspot.com/2016/11/residential-parking.html

What does your lease/AST say about parking? Does it mention the need to display a permit? If not then it may take primacy over the self serving TnC of the scammer, and interfere with your lawful right to “quiet enjoyment” of your property, possible an offence under The Landlord and Tenants Acts.

Umkomaas

D_P_Dance said:

If this was residential please read this

http://parking-prankster.blogspot.com/2016/11/residential-parking.html

What does your lease/AST say about parking? Does it mention the need to display a permit? If not then it may take primacy over the self serving TnC of the scammer, and interfere with your lawful right to “quiet enjoyment” of your property, possible an offence under The Landlord and Tenants Acts.

It was a P&D car park - absolutely nothing to do with residential parking. All explained in the PePiPoo link I posted above. 

@OP - as all the detail about your case is over on PePiPoo and you are getting good advice there, it is pointless for us to be simply repeating what has already been given to you over the past 6 weeks. I'd stick with the advice over there. 

beamerguy

OH DEAR, BWLegal and their fake add-ons, they are becoming the joke of the courts, do they like getting spanked we wonder ?   Trace are just bog standard nonsensical rubbish who cannot add anything on

The BWLegal scam continues and so will the spankings, I think some courts have ordered bigger sticks.

But hey, they are going to take you to court ?   with the current lock down, did they indicate which year it will be 
Abuse of Process ... District Judge tells BWLegal
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal/p1?new=1

Not only will they be due another spanking but they will have to comply with the new Civil Procedure which says
For witness statements, the statement of truth’s wording will be as follows:
I believe that the facts stated in this witness statement are true.  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

As BWLegal already know that the fake add-ons are not lawful, will they lie to the court in their witness statement or maybe, just by magic make the fake £60 vanish ??????

You make care to ask them "what legal authority they have to add unknown amounts"
You will find some of their nonsensical replies in the abuse of process thread
Whatever they reply with will have to tie up with their witness statement. If they don't reply you will then tell the judge
Do you understand what is being said here ?

D_P_Dance

Have you reported BWL to the SRA for seeking an unlawful amount?

https://www.sra.org.uk/

hayd555

D_P_Dance said:

Have you reported BWL to the SRA for seeking an unlawful amount?

Hi I have just sent this off, could they overturn this?

hayd555

beamerguy said:

OH DEAR, BWLegal and their fake add-ons, they are becoming the joke of the courts, do they like getting spanked we wonder ?   Trace are just bog standard nonsensical rubbish who cannot add anything on

The BWLegal scam continues and so will the spankings, I think some courts have ordered bigger sticks.

But hey, they are going to take you to court ?   with the current lock down, did they indicate which year it will be 
Abuse of Process ... District Judge tells BWLegal
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal/p1?new=1

Not only will they be due another spanking but they will have to comply with the new Civil Procedure which says
For witness statements, the statement of truth’s wording will be as follows:
I believe that the facts stated in this witness statement are true.  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

As BWLegal already know that the fake add-ons are not lawful, will they lie to the court in their witness statement or maybe, just by magic make the fake £60 vanish ??????

You make care to ask them "what legal authority they have to add unknown amounts"
You will find some of their nonsensical replies in the abuse of process thread
Whatever they reply with will have to tie up with their witness statement. If they don't reply you will then tell the judge
Do you understand what is being said here ?

Hi Beamergyuy, thanks for the response I have seen lots made against BW legal. Where do I take it from here? just email them directly and ask what there reclaiming these additional £60 costs added?

Coupon-mad

You will obviously be telling the Claimant to consolidate the PCNs into one claim (and to explain the £60 added, so you can show this to the Judge when you win in the end).