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Premier Parking Solutionss & BW legal

my apologies, there are so many of these and having read through plenty it just doesnt quite fit my case.  The circs are as follow;  January of this year we booked a break away to Brugee and took the ferry from Hull.  We were running late and parked in the multi story car park, paid for our ticket using my husbands debit card and made our way to the boat.  We were informed we were at the wrong terminal and that we need to move our car to another car park also.  The weather was horrendous, so. already late we dashed to the new car park, placed our ticked on the dashboard, locked up and car and away we went.

when we got back after a few days, there was a PCN stuck to the drivers side of my car.  we then realised that the ticket must have been caught by the wind and blown over.

we assumed this would be an easy issue to resolve and i contacted the company immediatly and explained the situation, they told us to write in and appeal, which we did ad they turned down the appeal. we were then told we could appeal this decision through IAS which we did do, this again was rejected.  I have no intention of paying this invoice, we have the origianl ticket and we have provided them with a bank statement which clearly shows the transaction.

We have been badgered almost weekly by telephone calls from BW Legal, i have been polite on each call, advised them that i will not pay the invoice and that i wanted to be taken to court.  My letter arrived yesterday telling me i had until the 14th of October and then they would issue a clain again me in the county court.

The ISA appeal was upheld because and i quote "In this case it is maintained by the Appellant that her pay and display ticket must have become dislodged in the prevailing weather conditions so as to have made it impossible to read any key information from it. I am satisfied that the Appellant has the responsibility of ensuring that if he purchases a pay and display ticket that it is secured to the windscreen in such a way that it will remain in place and display all the key information to anybody wishing to check the parked vehicles. I am also satisfied that the signage made it clear to the Appellant that if the parking ticket was not properly displayed a Parking Charge Notice would be issued"

I could not secure the ticket to the windscreen as it was not provided with any way of doing this?  The have very kindly sent me a photograph of my car which clearly is displaying a ticket on the dashboard, its simply the wrong way up.  I have proved proof that we purchased a ticket, i still have the original ticket?  am i going to win

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 13 September 2020 at 11:25AM
    Only a judge can decide that

    Read about the term Judge Bingo , nobody on here can predict what will happen in the courtroom

    We have seen good cases fail , and bad cases succeed

    Let PPS inform B W Legal to issue the court claim , write a good Defence based on the template defence , then a good WS plus Exhibits plus costs schedule

    Then let a judge decide , possibly next year sometime

    Ps , you won't get any judges frequenting this forum , this is a consumer rights forum , not a legal aid forum
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    As you can see on this forum, the IAS is just a mickey mouse outfit working in favour of parking scammers.
    A real court judge will more often than not go against the IAS as they know it's rubbish.

    Judges have already told the parking companies that if they want the tickets shown, put sticky tabs on them.

    Assume you can 100% prove you paid ?

    As far as BWLegal, they are well known for their bully boy tactics and you either block them on your phone and if the calls continue simply put the phone next to a radio or TV and let then listen to the news or something.
    Let BWLegal waste their time and money.

    Sounds like you have received a "LETTER BEFORE CLAIM" giving you 30 days to respond.  This letter must include proof of their claim and should come with with forms.  YOU DO NOT COMPLETE THE FORMS

    One assumes they have added a fake £60 which is unlawful.
    READ ALL ABOUT BWLEGAL HERE and understand the scam
    https://forums.moneysavingexpert.com/discussion/6103933/abuse-of-process-thread-part-2/p1?new=1

    You must reply to a Letter before claim and you can do so by

    1:  Enclosing proof of your payment which you will show in court
    2: Asking what legal authority they have to add a fake £60   ..... they don't.  So far they have failed to explain to a court the legal authority they have.

    All the time, BWLegal taint their claims with a fake and you can see what happens to them in court in the above link

    Don't be bullied by BWLegal ..... they are easy to beat

  • beamerguy said:
    As you can see on this forum, the IAS is just a mickey mouse outfit working in favour of parking scammers.
    A real court judge will more often than not go against the IAS as they know it's rubbish.

    Judges have already told the parking companies that if they want the tickets shown, put sticky tabs on them.

    Assume you can 100% prove you paid ?

    As far as BWLegal, they are well known for their bully boy tactics and you either block them on your phone and if the calls continue simply put the phone next to a radio or TV and let then listen to the news or something.
    Let BWLegal waste their time and money.

    Sounds like you have received a "LETTER BEFORE CLAIM" giving you 30 days to respond.  This letter must include proof of their claim and should come with with forms.  YOU DO NOT COMPLETE THE FORMS

    One assumes they have added a fake £60 which is unlawful.
    READ ALL ABOUT BWLEGAL HERE and understand the scam
    https://forums.moneysavingexpert.com/discussion/6103933/abuse-of-process-thread-part-2/p1?new=1

    You must reply to a Letter before claim and you can do so by

    1:  Enclosing proof of your payment which you will show in court
    2: Asking what legal authority they have to add a fake £60   ..... they don't.  So far they have failed to explain to a court the legal authority they have.

    All the time, BWLegal taint their claims with a fake and you can see what happens to them in court in the above link

    Don't be bullied by BWLegal ..... they are easy to beat

    hello... we have already provided the company with a copy of our bank statement which clearly shows the transaction on our deit card and matches that of the ticket we still have in our possession.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    beamerguy said:
    As you can see on this forum, the IAS is just a mickey mouse outfit working in favour of parking scammers.
    A real court judge will more often than not go against the IAS as they know it's rubbish.

    Judges have already told the parking companies that if they want the tickets shown, put sticky tabs on them.

    Assume you can 100% prove you paid ?

    As far as BWLegal, they are well known for their bully boy tactics and you either block them on your phone and if the calls continue simply put the phone next to a radio or TV and let then listen to the news or something.
    Let BWLegal waste their time and money.

    Sounds like you have received a "LETTER BEFORE CLAIM" giving you 30 days to respond.  This letter must include proof of their claim and should come with with forms.  YOU DO NOT COMPLETE THE FORMS

    One assumes they have added a fake £60 which is unlawful.
    READ ALL ABOUT BWLEGAL HERE and understand the scam
    https://forums.moneysavingexpert.com/discussion/6103933/abuse-of-process-thread-part-2/p1?new=1

    You must reply to a Letter before claim and you can do so by

    1:  Enclosing proof of your payment which you will show in court
    2: Asking what legal authority they have to add a fake £60   ..... they don't.  So far they have failed to explain to a court the legal authority they have.

    All the time, BWLegal taint their claims with a fake and you can see what happens to them in court in the above link

    Don't be bullied by BWLegal ..... they are easy to beat

    hello... we have already provided the company with a copy of our bank statement which clearly shows the transaction on our deit card and matches that of the ticket we still have in our possession.
    And they ignored it hence the boys from BWLegal ?

    Please follow what is said
  • Ralph-y
    Ralph-y Posts: 4,740 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    You are yet to grasp the fact that this is all a scam ...... MP's passed legislation to try and sort this a while back, and public consultation is ongoing .... the forum is asking people to comment on this

    HAVE YOUR SAY .... PLEASE READ THIS!

    September 2020 brings your chance to comment on the new (Government Draft) 'proper' Code of Practice to rein in the worst PPC conduct and that of their scam debt collectors - please please can NEWBIES do this and in particular, comment on

    (a) the AMOUNT OF THE PARKING CHARGE, WHICH WE ALL AGREE MUST BE LOWER THAN £100, and also

    (b) the use of unregulated debt collector firms and the fact that they add a false layer of an extra £60 or £70 to a £100 PCN.  This must stop but you can bet your bottom dollar that the PPCs will try to mislead the Government if they get a chance.  Most likely they will spin the same misinformation that worked so well for the BPA in 2012, when they gave false figures to Government about the number of court claims and promised that keeper liability would reduce the burden on the courts.   

    The BPA said there were up to 90.000 court claims per annum on 2011.  There were 845.  They said that keeper liability would reduce the '90.000 court claims'.

    In fact, the 845 (in fact just 600 in 2012!) increased to 37000 within two years and is now around 110,000 per year.

    This time, I suspect PPCs will prey on the concerns of Government and predict dire consequences again, if the charges are too low and if debt collector scams are brought to an end.

    THAT IS WHAT WE MUST CLEARLY ADDRESS AND TELL THE GOVT THERE ARE NO SUCH CONCERNS AND THAT COURT CLAIMS WILL NOT INCREASE.

    ONE OF THE TASKS OF A CONSUMER RESPONSE WILL BE TO WARN THE GOVERNMENT THAT IN FACT, REMOVING THE DEBT COLLECTORS ALTOGETHER AND BRINGING IN A ROBUST APPEALS SERVICE WILL REDUCE COURT CLAIMS!


    Wider Framework plans thread:
    https://forums.moneysavingexpert.com/discussion/6185830/new-parking-code-of-practice-enforcement-framework-consultation

    Ralph B)

  • Coupon-mad
    Coupon-mad Posts: 154,672 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You do realise the IAS is a kangaroo court?  Have you read enough of the NEWBIES THREAD to know that now?  Your appeal was doomed and you are in the same boat as everyone else and we win 99% of dedended cases because Judges tend to side with the consumers in these cases. 

    Your situation is no different than any 'fluttering ticket' case.  Search the forum for that phrase and read plenty!

    I am glad you came back here now because we want consumers to pour their heart out while the Government is listening:

    Please now make a real difference - A TASK FOR SEPTEMBER.

    The Government is (this month only) consulting about a new statutory code of practice (CoP) and framework to rein in the rogue parking firms.  Read and comment on the draft CoP proposal and the enforcement framework consultation, and get everyone you know to do the same.

    You will need to register to comment on the CoP and enter an occupation even if you are retired or a homemaker, but otherwise it is easy to navigate, and comment upon each section/subsection individually. You can save comments to edit later and or submit comments once you are happy with them.

    https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

    You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

    At the very least, we say the parking charge level should be £50/£25 or higher level £70/£35, as per Council PCNs in E&W.  

    And we say the added fake 'debt recovery' costs are just double counting the cost of letters, and MUST GO because that is unfair and illegal.

    Please be heard.  You can bet the hundreds of PPCs will be commenting.

    No apologies for repeating this vital 'call for action' to consumers, on every thread this month!

    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
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