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BW Legal / Premier Park Ltd - Court Claim

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  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 6 April 2020 at 5:55PM
    The Contractual Costs referred to above form part of the Terms and Conditions (of the parking contract) 

    Thus rendering the contract unlawful

    these costs are entirely reasonable 

    No, they are unlawful.  Report this lying dirty shirt to the SRA, you might get them struck off.

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



    You never know how far you can go until you go too far.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 6 April 2020 at 6:20PM
    The Contractual Costs referred to above form part of the Terms and Conditions (of the parking contract) which were accepted by you in the course of staying at the car park. Save for the fact that the sum of £60.00 attributable towards these costs are entirely reasonable for nature and type of work involved in recovering the parking charge, such costs are recoverable under the relevant parking code of practice.

    And that is a copy and paste and the usual nonsensical rubbish  from BWLegal.

    Go back and ask them on what legal authority does the PPC have to add so called contractual charges which is against POFA2012 and the Supreme court and county courts say it's unlawful and abuse of process

    The next wheeze from BWLegal will be they are allowed to by the Code of Practice which again will be 
    nonsensical rubbish as the code of practice operated by the BPA and IPC  is neither a law or a contract

    This is going to be yet another case of BWLegal being spanked in court for abuse of process. Get your costs schedule ready 

    Only 2 options for BWLegal, take this rubbish to court for a spanking or discontinue ........ 

    PS, If and whenever this ever gets to court, get yourself a nice long cane to take with you as I'm sure the canes used to spank BWLegal by judges have been worn down. 


  • Umkomaas
    Umkomaas Posts: 43,355 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The right to restrict processing only applies in certain limited circumstances. We are not of the view that the right to restrict processing is applicable in this case. 
    They are correct because you asked for a restriction in processing for the wrong reason - to allow time for your SAR response.  You need to require a restriction in processing to 'take debt advice' (notwithstanding your denial that any debt exists) and they must now restrict processing in line with the Pre-Action Protocol for Debt Claims (PaP). 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 151,711 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You were not meant to send the SAR to BW Legal...
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • kevin_uk84
    kevin_uk84 Posts: 41 Forumite
    10 Posts Name Dropper
    Hi @Coupon-mad
    I sent the SAR to Premier Parking.   However, for good measure, I also included a request of BW Legal. :smile:
    Kev
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You never know how far you can go until you go too far.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Hi @Coupon-mad
    I sent the SAR to Premier Parking.   However, for good measure, I also included a request of BW Legal. :smile:
    Kev
    Don't expect any logical reply from BWLegal regarding the SAR.   BWL seem to miss all the tell tell signs that they will fail and go forth like a bull in a china shop to a spanking. 

    Don't forget the phase two question

    Go back and ask them on what legal authority does the PPC have to add so called contractual charges which is against POFA2012 and the Supreme court and county courts say it's unlawful and abuse of process
  • kevin_uk84
    kevin_uk84 Posts: 41 Forumite
    10 Posts Name Dropper
    beamerguy said:
    Hi @Coupon-mad
    I sent the SAR to Premier Parking.   However, for good measure, I also included a request of BW Legal. :smile:
    Kev
    Don't expect any logical reply from BWLegal regarding the SAR.   BWL seem to miss all the tell tell signs that they will fail and go forth like a bull in a china shop to a spanking. 

    Don't forget the phase two question

    Go back and ask them on what legal authority does the PPC have to add so called contractual charges which is against POFA2012 and the Supreme court and county courts say it's unlawful and abuse of process
    Thanks beamerguy - I will go back to them today.  Do you have any links relating to the Supreme Court / County Court rulings that I can look over?
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    The template defence has three appendices to lok through, that contain all detail you need. 
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    beamerguy said:
    Hi @Coupon-mad
    I sent the SAR to Premier Parking.   However, for good measure, I also included a request of BW Legal. :smile:
    Kev
    Don't expect any logical reply from BWLegal regarding the SAR.   BWL seem to miss all the tell tell signs that they will fail and go forth like a bull in a china shop to a spanking. 

    Don't forget the phase two question

    Go back and ask them on what legal authority does the PPC have to add so called contractual charges which is against POFA2012 and the Supreme court and county courts say it's unlawful and abuse of process
    Thanks beamerguy - I will go back to them today.  Do you have any links relating to the Supreme Court / County Court rulings that I can look over?
    You don't need to look at the Beavis case, suffice to say the Supreme Court ruled ...

    198. ''...The charge has to be and is set at a level which enables the managers to recover the costs of operating the scheme...''

    So £100 ticket includes the cost of operation and that means simply ... no fake £60 add-on

    When these crazzies refer to the Beavis case, they never tell you this
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