Help with ongoing PCN

Rstar

Another BS response from BW Legal:

Good Afternoon

Thank you for your recent email, the contents of which have been noted on file.

Your position has been noted however, In order to use the facility it is your responsibility to abide by the terms and conditions. As the vehicle involved in the contravention exceeded the maximum stay period these terms and conditions were broken.

As a result of the breach, our client is well within their contractual rights to issue the Parking Charge Notice (‘PCN’).

Please be advised, you have been named as the hirer of the vehicle by the relevant hire company and our client is pursuing you as such. If you were not driving the vehicle on the date of contravention, please provide a statement confirming the full name, serviceable address and postcode of the driver, including a signature from both yourself and the driver and we will put this to our client for their consideration. If you fail to provide these details, our client is legally entitled to pursue you as the hirer of the vehicle.

Please note that in your hire agreement there will be a clause that states you would be responsible for any parking charges that are incurred whilst in possession of the vehicle, therefore our client has the necessary rights to pursue yourself for breach of the terms and conditions for parking on private land controlled by our client.

The specifics of the case of Mr Anthony Smith v Excel Parking Services Limited are not relevant in this case, as this was an appeal raised where the case regarding Combined Parking Solutions Limited v AJH Films Limited was quoted in a PCN being issued and disputed between a registered keeper and a driver. In the case of this matter, you have been named as hirer by a lease company and the case of Combined Parking Solutions Limited v AJH Films Limited is fully relevant to the correct issuance of the PCN.

Whilst we note your comments, on the balance of probabilities it is likely the Notices were delivered correctly to the address provided by the lease company and our Client cannot be held responsible for any unread mail. Our Client is satisfied these Notices were posted and delivered correctly and you had the opportunity to appeal this matter within the time frame prescribed.

You remain liable for outstanding balance of £160.00.

Any advice for a reply? They seemingly wont listen..

Redx

Why reply at all ?

If you have asked for the 30 days hold and sent or obtained a SAR to the DPO at the PPC , then sit on your hands

At this LBC stage , you are awaiting a court claim pack from the CCBC in Northampton , MCOL

I don't see the point in arguing about the case beforehand , they have their warped view , you have yours , they are different !

I wouldn't bother replying , you may as well talk to as lump of lard , as on HIGNFY 🤔🤔😜😜

Coupon-mad

Of course they won't listen!  It's a roboclaim.

No-one was expecting them to. They don't just go away you know, the idea of engaging pre-action is to look reasonable later. Judges prefer to see you tried to resolve the dispute.

Rstar

Ok, thanks, do I ignore or keep trying to resolve then?

I haven't asked for 30 days yet, am I best to do that now or when I get paperwork through?

KeithP

Rstar said:

I haven't asked for 30 days yet, am I best to do that now or when I get paperwork through?

If you are going to ask for that thirty days delay due to seeking debt advice, then that must be done before a County Court Claim is issued.

There is no scope to delay anything once you are past that point.

Rstar

I finally managed to get hold of the Landowner and have them speak to Premier Park.

Whether it was the MPs letter or the landowner, I don't know.. but the Landowner has come back to me saying they have received confirmation that the Parking Charge has been cancelled as a gesture of good will!!

Do I need to seek confirmation from Premier or BW Legal, or simply just forget about it now?

Le_Kirk

Always worth seeking confirmation; sometimes you can check on the PPC's web site and see if there is anything outstanding on the reference number for your particular PCN.

Rstar

Just searched the PCN on Premiers appeal page and sure enough it says it has been cancelled!!

Thank you to everyone who responded in this thread, you have all been extremely helpful!!