Total Parking Solutions, paid once, stopped parking and 2 more fines and BW Legal Letter

Pixel4Life

Hi All,

I have had a look through the forum for a similar case but can't get to the answer required.

In early Feb a parking ticket arrived from TPS for a place that used to be free/open to all. This was paid and use of the parking was immediately stopped.  Then 2 more fines came through and now also a letter from BW Legal saying that the case has been handed to them.

Upon reviewing signage on foot, there are some signs in the car park and there is a random sign behind the gate (obscured) that is like a roadworks black text on yellow sign stating 'new parking system in operation' or words to that effect.

Advice needed on whether to ignore or deal with it by paying/complain/appeal etc, below is the first letter of BW Legal which is the most recent correspondence on the matter, to be fair, pretty soft wording considering.

D_P_Dance

I have had a look through the forum for a case like mine but can't get  to the answer I need.

Few of these cases are unique, treat it like any other, but read the newbies thread at the top of the index page first.

Have they added on an unlawful £60?  If so, 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.

Fruitcake

You should never have paid the first PCN, nor consider paying any more. It is a scam as our MPs have said in open parliament.
The advice to ignore a PCN has not been given here since the law changed in 2012.
Did you appeal the second and third PCNs, ignore them, or did not receive them? If you appealed, did you blab about the driver's identity? 
If you have done nothing yet or have appealed as keeper then edit your post immediately to remove information about who did what. Only ever refer to The Driver and The Keeper, who are two different people.
Parking scammers read this forum.

If BW L are acting as debt collectors, then the fourth post of the NEWBIES applies. Personally I would appeal both PCNs (separately) using the template in blue text from the NEWBIES.

If this is a LBA/LBC then the second post of the NEWBIES that deals with court applies. Note that the fake add on £120 is an abuse of the court process so you need to search for and read the Abuse of Process thread by beamerguy, as well as searching for the template court defence written by Coupon-mad.

Where did the alleged dastardly deed occur?
Note that when a motorists parks on someone else's land, they should check the Ts and Cs every time. The onus is on the driver to look, although signage should be prominent.

What happened when you complained to the landowner?

Have you complained to your MP yet about this unregulated scam?

Get pics of the site and signage as soon as possible. 

beamerguy

BWLegal are scamming you by adding £120 which is unlawful.   They don't think so but the courts call it abuse of process
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal/p1?new=1

You DO NOT pay anyhing as it's a scam letter. But, if you wish, you can reply to their letter using this
BWLEGAL --- THE SCAM ?
https://forums.moneysavingexpert.com/discussion/6129744/bwlegal-the-scam/p1?new=1

Pixel4Life

Thanks thus far folks, lots to digest. No action take so far, I might add that upon review, the further 2 PCNs where received outside of the 14 day window if that makes any odds.

Pixel4Life

Is there a template for how to structure and email to the landowner, I have the blue appeals one but can't find any particular guidance on landowner complaint, ie structure, details.

Fruitcake

That only helps if ANPR was used and the NTK arrived after more than 14 days.
If a NTD was left then the NTK should arrive between day 28 and 56.

In both cases the date of the alleged event is day zero. 

All this is explained in the PoFA 2012 which is linked from the NEWBIES, which should be your starting point for research.

Pixel4Life

Yea it was ANPR and the subsequent PCNs arrived later than 14 days, at no point is a keeper mentioned, all text on PCN relates to a "driver" or "the driver".

Umkomaas

Pixel4Life said:

Yea it was ANPR and the subsequent PCNs arrived later than 14 days, at no point is a keeper mentioned, all text on PCN relates to a "driver" or "the driver".

You will be able to use it if it gets to court, but you'll need to understand the various nuances of the Protection of Freedoms Act 2012 (Schedule 4) and probably have to guide the Judge through them to get him to side with you. It's not a case of simply saying 'letter received after 14 days, Sir' hoping he'll understand. If you fluff your lines, he may just ask the question that could blow a single point PoFA defence out of the water - 'Were you the driver?'  

You need to read the following thread and other recent BWL court cases to understand current strategy for dealing with the added spurious amounts being chanced by every PPC and their dog in their claims (with the exception of ParkingEye). 

https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs/p1

Pixel4Life

Ok thank you muchly. To clarify, at this point is the first step to appeal via the parking company as keeper?

Umkomaas

Pixel4Life said:

Ok thank you muchly. To clarify, at this point is the first step to appeal via the parking company as keeper?

What's the date of issue shown on each NtK?