BW Legal - I messed up

will_2705

Hi everyone, 
It's been a little while! I messed up by calling BW legal and explaining that I was parked in what was to be "my bay" while waiting to exchange for my flat. They then said "tough" and go and get legal advice... as did the parking company (parking and property management Ltd) and my own estate's management team...

I must be going mad due to lockdown, I know not to phone these people and I gave them all sorts of details as to why I should and that it was unreasonable. They typically said it was too late to appeal etc. 

Can anyone give me a run-down of their experience, I guess these are my options:

1. Wait for a final warning and pay
2. pay now
3, get formal legal advice and try and fight it

I welcome any opinions or suggestions
Thanks, everyone, Will 

Le_Kirk

1.  No
2.  No, no, no and finally NO
3.  No to the legal advice YES to the fight
4.  Read the NEWBIE sticky for all the FREE advice you will need.

will_2705

Thanks, I did check the thread - it seems I need to wait for the Letter Before Claim then go from there. 

beamerguy

As Le_Kirk says above
No point talking to BWL unless you want to buy double glazing
No point in getting a real solicitor to assist, BWL are easily beaten.

You will get a LBA but there is a twist in fakery .... they will add a fake £60 which the courts call abuse of process and BWL get a spanking.

BE PREPARED and read how BWL get spanked .... you can do the same

Abuse of Process ... District Judge tells BWLegal

https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal/p1?new=1

nosferatu1001

Counterclaim, as I bet they have no actual rights to operate if the space is demised to you. 

Ralph-y

as above ..... you need to put pressure on the management company ..... good grief do you want to be doing things like this for years after you move in ? Tell them any court action will see them being involved as principals.......

they can cancel this ... get them to do it now before court.

or cancel and move else where

Ralph

D_P_Dance

Have you read this?

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

What does your lease/AST say about parking? Does it mention the need to display a permit? 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 Ten Acts.

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 in some cases, cancellation.

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 enacted

Just as the clampers were finally closed down, so hopefully will many 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/of these Private Parking Companies.

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

will_2705

Thanks for all the responses. I'm reading up and getting prepared. I have contacted the housing director who engaged with the management company and agreed to all of this. He seemed incredibly unwilling to help. (maybe a kickback!?!)  

I decided to add a bit of pressure and respond with the statement below... I can't believe they used these awful companies... 

Hi XXXXX,

Thank you for your email and for the welcome, I'm glad to hear you are staying safe 

On purchasing the property I read up on all the proposed and planned works, I look forward to seeing the improvements, however, I do have some outstanding questions that are probably best raised at the AGM. 

I appreciate the need to be strict, but given note was left in the window with my phone number at the time, and no effort was made to try to contact me on this or at flat 12A prior to the issuing of a ticket. this leaves a bad taste in my mouth. Perhaps you could formally submit a request as the representative and contact of Albion Place Reading Limited, and outline how absurd the ticket is as given the circumstances?  I appreciate you believe the rights of the landowners have signed away to the parking company, however, since you are their primary contact, I'm sure a gentle word in their ear will help resolve this unfortunate situation.

In many cases even though rights to enforcement have been assigned to PPM, in reality, this does not mean tickets cannot be vetoed. For example, at a hotel or hospital, it is extremely common for the landowner to cancel a "ticket", despite not managing the parking themselves. 

If it is really the case that we do not have any recourse, I find it surprising that owners would knowingly agree to sign away all land rights and the ability to arbitrate on contentious ticketing, regardless of how strict the parking management regime needs to be. 

*[his previous email said gates/cttv were being added]*

A further question is once the new gates and CCTV is introduced, will this terminate the need for parking permits and therefore the contract with PPM?  

Should you not be willing to take this further, would you or Byrony [*management company rep*] please share the original contract so I can prepare my defence for when this wastes everybody's time and gets taken to court? 

Kind regards, 

BrownTrout

dont worry about calls to BW LEGAL, they are just a silly call centre

will_2705

Thanks for you all for your advice and response - much appreciated. 

As suggested I tried putting pressure on both the management company and the director of our "land"  as a share of freeholders/Commonhold to persuade  PPM to drop the ticket. They have now offered to reduce it to £120 - disgraceful. Regardless,  I had no intention of accepting it and their note seems like the usual BS. 

In terms of next steps s it still worth pursuing (responding) or should I wait for their notice? I'll tell you one thing for sure, if they are worried about missed revenue this really isn't the intelligent approach - I plan to make it my life's work to get them voted out at the next AGM. 

Their note about the signs was interesting. As the property and much of the grounds is Grade 2* listed i'd imagine their signage is actually in breach of this - so it might be worth mentioning it to the planning authority. Thoughts? 

PPM responses are in bold  Other bits are snippets from previous emails.

As Encore Estates has previous stated "the contract is between Albion Place Reading Limited. and PPM." - I fail to see why BW Legal need to have any involvement: PCN was issued in January 2020, no appeal was made, reminder notice was also ignored hence unpaid PCN escalated to debt recovery / BW Legal.

 

As it appears PPM is not taking a sensible approach and complying with requests from the landowners. I've been advised that should this go to court I should engage both [free hold company name removed]  and  [management company] as principles: If case is not settled it will escalate to the Court action and you will be notified accordingly. Hand written notes are not accepted as an auth to park on-site as our Enforcement Officers have no way of ascertaining the validity of the note. Signage in situ prewarns motorists / new residents moving in that enforcement is in Operation 24/7 and all of this could have been avoided had PPM were contacted beforehand. Going forward, you have decided to opt-out of the enforcement regime and to self-police your allocated bay, other estate rules remain unchanged i.e. Visitor parking / parking outside the predetermined bays. Although, we see no wrong doing on our part, but as a gesture of goodwill to Albion Place Reading Limited / Encore Estates the best I can offer is to accept the reduced fee of £120:00 as a full and final payment  payable to BW Legal. Kindly let us know by close of play Monday 15th June 2020 if our offer is acceptable. If we do not hear either way we will assume that our offer of goodwill is not acceptable in that case offer will be withdrawn and we will let it run its course.

 

[original note from the president of our freehold: I write on behalf of the tenant below (see email trail) who is requesting his ticket be cancelled.   He was ticketed on his moving in day despite having put a note in his windscreen due the his own bay being occupied by the previous owner.

As President of the management company, I would appreciate if you could accept my request for this ticket to be cancelled : Mr Dugdale : Respectfully, PPM provides free of charge service on a self-funding basis, each PCN issued correctly has set cost implication at source as well as the source of PPM income. We also have to treat all parties unilaterally. Offer of goodwill to accept the reduced payment is the best I can offer at this time.

 

Best, 
Will 

D_P_Dance

 We also have to treat all parties unilaterally

Two metres apart?