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Private PCN - parked in office car park

I have some questions regarding a PCN I have been issued. I will summarize the particulars so they are the top of the thread:

At the time of issue the company I work for was renting an office in a block of other offices. Parking for 4 staff members (total number in the office at the time) was included in the rent for the office and we had 4 parking permits issued to our company. In the space of 3 months I was issued with 3 PCNs by the parking management company whilst my vehicle was parked in the office car park. The director of my company asked the landowner to get them cancelled and he agreed that he would do this. As I still continued to receive letters the landowner was asked a few times to make sure that they were cancelled and he gave assurances that they would be.

In time, all 3 of the PCNs issued were handed over to BW Legal who have been chasing me by telephone and by letter. Letters regarding the first 2 PCNs have stopped so I presume these have been cancelled but that has never been confirmed. 10 months after the alleged contravention, I have now been sent a Letter Of Claim in respect to the third PCN with the contravention description: No Permit Displayed.

Unfortunately I have been unable to contact the landowner since our company moved our office to another location. Assurances that the tickets would be cancelled were mostly verbal, but I do have transcripts of messages between the director of my company and the landowner that support this.

The only things I have told BW Legal are:  1. My address, because it changed since the PCNs were issued and 2. that the matter was being resolved by the landowner. 

I have read the newbies thread and understand my next step should be to send a SAR to the parking management company. As stated in the newbies advice I should request "a list of all PCNs outstanding against you and/or this VRN, and remind them that any claim must be for all PCNs, not several separate claims". Given that I'm unsure whether the first 2 PCNs have been cancelled, my first question is what is the basis for any claim needing to be for all PCNs, is this a legal requirement?
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Comments

  • MalMonroe
    MalMonroe Posts: 5,783 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper Photogenic
    edited 17 October 2020 at 2:05PM
    Really, the director of your company should deal with all of these PCNs. They are not even officially recognised penalty notices, just parking charge notices, i.e. invoices. The parking facilities were arranged before you started working in the office so there shouldn't have been any problems in the first place.

    I'm assuming that you did display your parking permit?

    It's really unfair of the director to leave this mess for you to sort out. I'd just hand each and every piece of correspondence to him/her and say you've received another one, can he/she deal with it please.

    I'd not contact BW Law or anyone else in connection with this matter myself. Let the director of your company deal with it and don't waste any more of your valuable time. You really shouldn't be having all this hassle over an arrangement that was made on your behalf by your employer.
    Please note - taken from the Forum Rules and amended for my own personal use (with thanks) : It is up to you to investigate, check, double-check and check yet again before you make any decisions or take any action based on any information you glean from any of my posts. Although I do carry out careful research before posting and never intend to mislead or supply out-of-date or incorrect information, please do not rely 100% on what you are reading. Verify everything in order to protect yourself as you are responsible for any action you consequently take.
  • unfortunatly half of the above info is incorrect
  • Thanks MalMonroe, unfortunately it has got to this stage where it is me that is being threatened with legal action. My employer has been as helpful as possible but now that the company is no longer a client of the landowner they are not interested. As to the displaying of the permit, I don't want to go into the exact detail on a public forum - am I being too paranoid?
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 17 October 2020 at 2:23PM
    A SAR should reveal ALL of your data , all documents and pictures etc about you and your vehicle

    Never assume that alleged debts have gone away , debts are forever , but enforcement by MCOL is 6 years in England and Wales , 5 years in Scotland

    You can remind all parties that all claims can and should be consolidated

    Also concentrate on contacting the landowner at the time , get a witness statement from them , signed and dated
  • Umkomaas
    Umkomaas Posts: 43,843 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Which parking firm? 🥱 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Thanks Redx, partly questioning whether it's a good idea to 'remind' them about the other 2 PCNs, but on the other hand if they have indeed been cancelled I'm thinking this would count in my favour in court as they were issued in the same circumstances as the one for which I have received the Letter Of Claim.
  • Parking firm is Countrywide Parking Management
  • faily new company , check with dvla if they got info from them and WHEN , companies are usually running for some time before being allowed https://find-and-update.company-information.service.gov.uk/company/10327424/filing-history
  • The PCN date is November 2019, I presume they must have got my address from DVLA, only place they could have realistically as they only knew the vehicle reg at that point. When I first got a call on my mobile from BW Legal I questioned how they had got the number, was astounded to learn they were able to check with credit reference agencies without any consent and get it from there.
  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 17 October 2020 at 3:10PM

    Of course they can do a credit check, anyone can.  They can also get you address very easily.  Had you have used a search engine you would have found this out 

    Nine times out of ten these tickets are scams, so consider c.omplaining to your MP, sometimes it can lead to cancellation., 

    Parliament is well aware of the MO of these private parking companies, many of whom are former clampers. On 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, and hopefully this will become law shortly




    You never know how far you can go until you go too far.
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