Escalated parking charge

Petal111

Hi I’m new to the group and was wondering if anyone could give me any help and advice. 

I received a letter in September regarding an escalation of a penalty charge parking fine my partner received back in March 2020. He appealed it due to medical reasons which are fully justified but they denied the appeal. We then had some family issues and the penalty charge was forgotten about until now. We appreciate we should have acted on this sooner. It has been passed on to BW legal as it has now gone past the point of appeal. I wrote to parking and management company who issued the fine and to BW legal Using the blue template on this forum. 

Today I received a letter from BW legal in response to my letter and it says as follows 
‘Our clients course of action is that you breached the terms and conditions of the contract which you entered into by parking your vehicle in the car park, but not displaying a valid permit.Our client is pursuing you as the registered keeper of the vehicle under the protection of freedoms act 2012.
Our client is pursuing you as the registered keeper of the vehicle under the protection of freedoms act 2012.
The parking charge notice which you have been issued with is for a breach of contract. The only write which you have to enter the land in question are on the terms and conditions which apply. The signage at the car park is prominent and the terms and conditions are clearly displayed. It is unnecessary to apply an analysis of offer, acceptance and consideration quite simply because the contract was formed on mutual promises. I park in your vehicle in the car park you have entered into an unilateral Contract with our client. Acceptance does not have to be communicated, the act of parking your vehicle is acceptance.
The signage in situ states: ‘Parking is permitted for: vehicle is fully displaying a valid parking permit within the front windscreen and Part fully within the confines of a marked bay… By parking or remaining at this site otherwise than in accordance with the above, are you the driver or agreeing to the Following contractual terms, you agree to pay consideration in the form of a ‘parking charge‘ in the sum of £100.’

It is your responsibility to ensure the terms and conditions of parking are adhered to at all times.
As you failed to display a valid permit within the windscreen of your vehicle this breached the terms and conditions of parking and a parking charge notice was issued to you.
Please be advised, our client is pursuing you as the registered keeper of the vehicle under the protection of freedoms act 2012. As a result, it is irrelevant who was driving the vehicle on the date in question.

I would be very grateful on advice on what We can do now. Do we pay or still try and fight it.
Thank you in advance.

Redx

it says PARKING charge notice above , not PENALTY !! its not a FINE either !!

I am going to assume its a parking charge notice, from which company ?

Coupon-mad

Do we pay or still try and fight it.

Obviously you won't be paying.  You haven't told us which parking firm, but don't reply with that company name then wait, expecting more advice based on whoever it is, because no-one cares who it is really (all cases are the same). 

We do need to know who you are up against, that's all.

The NEWBIES thread post #2 is your stage and it tells you what to do and that we see wins 99% of the time. 

NO LINK GIVEN OR NEEDED IF YOU READ MY SIGNATURE BELOW.

Fruitcake

Where did the alleged event occur? (Residential, business park, retail park, hospital, railway station etcetera)

What happened when the keeper complained to the landowner?

Do you have the original NTK? If not, send an SAR to the DPO of the PPC (please tell us who it is), and also inform them that you are seeking debt advice so they must put your case on hold.

Also get pics of the site and signage. 

Petal111

The parking charge notice was issued by Parking & Preperty Management. 

The alledged event took place in a residential car park.

Umkomaas

Are you the registered keeper of the vehicle, or is that your partner?  Important in terms of who must deal with this. 

Petal111

My partner is the registered keeper of the vehicle 

Coupon-mad

Angie1983 said:

The parking charge notice was issued by Parking & Preperty Management. 

The alledged event took place in a residential car park.

As I said:

don't reply with that company name then wait, expecting more advice based on whoever it is.

I'm not being unhelpful, I'm reminding you (and told you above) where the advice is, and saving us time on this thread at this point.

Petal111

Can you give me the link to the Newbies thread  post #2 Please, also have you heard of BW Legal?

KeithP

Angie1983 said:

Can you give me the link to the Newbies thread  post #2 Please, also have you heard of BW Legal?

The NEWBIES thread is the thread where you made your first post earlier today.

You need to be reading the second post on that thread.

apple321

Angie1983 clearly needs some advice and guidance, telling someone to go to a certain thread when they haven’t been on this site before is not really helping. 

Sorry angie1983 I haven’t heard of BW but if anyone can actually provide some help without just telling you to look somewhere you obviously aren’t familiar with that would be great. I have tried looking myself and can only see where it says she should ignore it?