Received Parking Fine / Legal action letter 16 months after date of contravention

Jingle1105

Hi - today received 2 letters in the same envelope from TPS Parking Solutions and BW Legal regarding a parking contravention in December 2018 demanding £70.00 PCN charge and £54.00 debt recovery costs. They have given me until 14 April before further action and court proceedings. The incident relates to exceeding the maximum stay limit on a retailers car park. The letters are the first I knew about the 'contravention'. Any advice on how I should handle it please?

Umkomaas

They have given me until 14 April before further action and court proceedings.

Date of issue of that letter please?  Did it have attached to it some information leaflets and a financial form to complete?

The letters are the first I knew about the 'contravention'.

Have you moved address in the past few years?  What address is showing on your V5C (logbook), please check, don't guess.

The incident relates to exceeding the maximum stay limit on a retailers car park.

Have you complained to the retailer and asked them to intervene to get the PCN cancelled?  Works enough times so as not to ignore doing this. 

Any advice on how I should handle it please?

The NEWBIES FAQ sticky, second post, covers court proceedings (but until you answer the above questions, we don't know for sure where you are in this context) but you're likely to have to start studying that section in depth. 

Jingle1105

Date of issue of that letter please?  Did it have attached to it some information leaflets and a financial form to complete - 31 March 2020. no, nothing but the 2 letters
Have you moved address in the past few years?  What address is showing on your V5C (logbook), please check, don't guess. - No longer own the car. Moved address in May 2018, V5C was possibly my previous address, although the letter received today is to my current address
Have you complained to the retailer and asked them to intervene to get the PCN cancelled?  Works enough times so as not to ignore doing this.  - only received letter today, will email them on Monday
The NEWBIES FAQ sticky, second post, covers court proceedings (but until you answer the above questions, we don't know for sure where you are in this context) but you're likely to have to start studying that section in depth. - will start studying. Thanks

Umkomaas

Date of issue of that letter please?  Did it have attached to it some information leaflets and a financial form to complete - 31 March 2020. no, nothing but the 2 letters

Not a formal Letter of Claim (LoC), so nothing to do at this stage. But no room for complacency as a formal LoC might make an appearance later in the month. 

Moved address in May 2018, V5C was possibly my previous address, although the letter received today is to my current address

They've likely used a trace agency to track you down. Is your current V5C showing your current address?  Real fines from the DVLA if not (£1,000) and a serious threat to your driving licence if speeding fines are going to the wrong address and thus not being responded to.   Much higher stuff then than private parking charges!

Jingle1105

Not a formal Letter of Claim (LoC), so nothing to do at this stage. But no room for complacency as a formal LoC might make an appearance later in the month.  - So make no contact with TPS or BW Legal at this stage?

They've likely used a trace agency to track you down. Is your current V5C showing your current address?  Real fines from the DVLA if not (£1,000) and a serious threat to your driving licence if speeding fines are going to the wrong address and thus not being responded to.   Much higher stuff then than private parking charges!
My current vehicle VC5 is registered to my current address

KeithP

Jingle1105 said:

So make no contact with TPS or BW Legal at this stage?

Probably a good idea to send a Subject Access Request to Total Parking Solutions Ltd's Data Protection Officer as described in the first few paragraphs of the second post in the NEWBIES thread. Their DPO's email address is on their Privacy Policy webpage.

Jingle1105

KeithP said:

Jingle1105 said:

So make no contact with TPS or BW Legal at this stage?

Probably a good idea to send a Subject Access Request to Total Parking Solutions Ltd's Data Protection Officer as described in the first few paragraphs of the second post in the NEWBIES thread. Their DPO's email address is on their Privacy Policy webpage.

I will email them, many thanks for this

The_Slithy_Tove

KeithP said:
Probably a good idea to send a Subject Access Request to Total Parking Solutions Ltd's Data Protection Officer as described in the first few paragraphs of the second post in the NEWBIES thread. Their DPO's email address is on their Privacy Policy webpage.

Doing this also confirms that they now have the correct address, whereas doing nothing leaves them in limbo and possibly reverting to an old address when issuing court documents, which would be a Bad Thing.
If they pursue the ridiculous £54 debt recovery costs, then they should be in for a spanking when they try it on in court.

D_P_Dance

Hi - today received 2 letters in the same envelope from TPS Parking Solutions and BW Legal regarding a parking contravention in December 2018 demanding £70.00 PCN charge and £54.00 debt recovery

Debt recovery costs are unlawful, read this

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

If it was the solicitore who asked for them, complain to the SRA, who knows, they may be struck off

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

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.

l

Jingle1105

Hi - I have written to the retailer (Dunelm), a SAR to Total Parking Solutions and emailed BW Legal advising them of theSubject Access Request and so requiring a restriction of data processing and that the case should be put on hold as advised. I have read the various NEWBIE posts and think I have done everything required at this stage. Just looking for reassurance please?

Also BW Legal have auto responded with

Thank you for contacting BW Legal.

Your email has been received and will be dealt with as soon as possible. 

Before we are able to reply we need you to confirm a few Data Protection Questions which we have specified below.

 If your email does not contain the below information, we kindly request you resend your email with the required information to enable us to deal with your query effectively. Please note that you are required to provide the details marked in bold as a minimum. This helps us ensure we are communicating with the correct person. Please note we may be unable to respond if you do not provide the required information. 

BW Legal Reference:

Full Name:

First Line of Address:

Postcode:

Date of Birth:

Telephone Contact Number:

Authorised Email address:

Confirmation you wish for us to correspond with you via this address (Yes/No):

 We make no commitment to response times on this general email account. Therefore, if you consider your matter is urgent, or should you wish to discuss your account with one of our helpful representatives today, you can call our offices on 0113 487 0430 and we will be happy to help.

Please be advised that our standard opening hours are:

 

Monday - Thursday	8am – 8pm
Friday	8am – 7pm
Saturday	9am – 1pm

 Alternatively, you can also manage your account online by utilising our customer portal at and clicking on the customer login link to set up your account online. Our Customer Portal provides you with the functionality to speak to us by webchat, raise a query, complete your income and expenditure, make a payment or set up an affordable payment arrangement at your convenience.

BW Legal does not accept service of any court documents at this email address. Service of any court documents can be sent to  with the name of the court document in the subject header, followed by the parties names [eg: Witness Statement: ABC v XZY].

 BW Legal

The info they requested in bold they have except my date of birth. Should I provide this?

 

Redx

No , do not give them any data they are not entitled to

I would include a copy of the V5C that the PCN refers to , alternatively send redacted copies of 2 recent utility bills that contain your name address and date , as proof of I D

Never pass your data to people who are not government authorities or have no entitlement to it

I would also have created a Gmail email address for topics like this , not give out my actual email address , nor given my telephone number either