Notice To Keeper - PPS & Rejection

marine1983

I've had the below from my SAR to the marina. I find it a little odd, on the one hand they state that no communication was between them and the PPC. Then contradict by stating that the manager agreed to contact the company. Do I need to dig a little deeper with this? My feelings on the original responses from the marina were written by the PPC. 

I am responding as the HR Consultant to MARINA to your Data Subject Access Request relating to the parking charge that you incurred and wished to appeal.

 

You will appreciate that MARINA do not operate the car parking charging system and have no say in any outcome of your appeal.  I have attached a document containing all the correspondence between yourself and the marina.  There is no correspondence between the parking company and MARINA Limited about this matter.

 

THE MANAGER, the Berthing Manager, has confirmed that as agreed he contacted the company on your behalf.  He spoke to a member of staff at PPS who confirmed they had received an appeal from you and that a 10min grace period had been applied, which they say you had also exceeded. There was no further data/personnel information exchanged.

 

I do hope that this satisfies your request.  Should you have any further queries then please do not hesitate to let me know

 

Yours sincerely

KeithP

Doesn't seem odd to me.

Looks like the marina contacted the PPC but no record was made of that call other than the fact that it took place.

marine1983

OK cheers for the second opinion. My mind getting the better of me. Thanks for all the input so far. 

marine1983

Hi,

Is it normal for everything to go dead? Since my last letter and post i've not heard a thing. Do they have a time limit on taking you to court? Do I just wait now?

Redx

marine1983 said:

Hi,

Is it normal for everything to go dead? Since my last letter and post i've not heard a thing. Do they have a time limit on taking you to court? Do I just wait now?

6 years is the legal statute under the Limitations Act 1980

Le_Kirk

Provided that everyone concerned has your correct address for service, @Redx is correct.

marine1983

Hi everyone. Just an update on this case. After 3 years they have contacted me to say that they are bringing court. I've since moved address. Do I need to tell them my new address? Seems like a automated response to me. 

Date of Contravention: 17 October 2020

Balance Due: £160.00

We have been instructed by Premier Parking Solutions Limited to commence legal action against you in respect of the above unpaid parking charge, by issuing a Claim against you in the County Court without further notice, if no payment or response is received before 24 June 2023. If you dispute this debt, please tell us why so that we can help resolve this matter. Estimated Claim Such legal action may result in you being liable for Court fees, solicitors’ costs and statutory interest which are estimated below. Principal Debt + Debt Recovery Costs £160.00 Estimated Interest £33.28 Estimate Court Fees £35.00 Estimated Solicitors' Costs £50.00 Estimated Total £278.28 What we have sent you What you will receive in the post are the following: Information Sheet: a sheet explaining what to do next, including how to avoid Court actions. Reply Form: a form to complete and return containing four sections. Income and Expenditure Form: a form to complete and return to outline your financial circumstances. What you need to do now Payment of £160.00 or your reasons for non-payment are required by 24 June 2023 to avoid the above legal action. If you are unable to pay the balance in full, our client is willing to enter into a payment arrangement which is affordable for you taking into account your financial circumstances. We wish to remind you that in a final effort to avoid the need for litigation, our client is willing to offer you the option of paying the balance via an affordable repayment plan. We have pre-approved a monthly instalment amount of £15.00 which has been recommended considering your estimated disposable income. If you wish to take advantage of this offer, or if you cannot afford this amount, please contact us using the details in the "How to get in touch" section below. Please note that this offer expires on 24 June 2023, after which time your case will be considered for litigation for the full current balance. How to get in touch Online Manage your account at www.bwlegal.co.uk. You can upload your completed reply form and provide your income and expenditure details online. You can also make a payment, set up an affordable payment arrangement and speak to us by webchat. Speak to us or email us Call us today on 0113 487 0432 or email us at contact@bwlegal.co.uk to discuss this matter with one of our helpful team. By post Complete and return the Reply Form to us at the address at the foot of the letter you will shortly receive from us by 24 June 2023. Pre-action Protocol for Debt Claims This email is being sent to you in accordance with the Civil Procedure Rules Pre-Action Protocol for Debt Claims, a link to which is contained on the foot of the information sheet will you will receive shortly in the post. In particular, we refer you to paragraph 7, which sets out the expectations of the Court in terms of complying with the Protocol. Particulars of debt On 17 October 2020, you were granted a limited contractual licence to enter the land known as Darthaven Marina Kingswear Dartmouth ("Site"), which is managed and operated by our client. In return, you were to abide by certain terms and conditions ("Terms and Conditions") which were prominently displayed on the signage erected in situ by our client. On 17 October 2020, you breached the Terms and Conditions - reason: No Trace Of Payment ("Breach"). The Breach resulted in our client issuing a Parking Charge Notice (`PCN`) on 23/10/2020 which, despite our client's attempts to engage with you and agree a suitable payment arrangement, remains unpaid. Statement of account The following summary statement shows the transactions applied to your account since the PCN was issued by our client: Statement for the period: 17 October 2020 to 25 May 2023 Principal Debt £100.00 Total Payments £0.00 Total Adjustments £0.00 Total Interests £0.00 Total Debt Recovery Costs £60.00 Current Balance £160.00 Our client’s entitlement to the total debt recovery costs referred to in the table above is expressed in the Terms and Conditions, which you accepted upon entering the Site. Such costs are recoverable in any event under the relevant Parking Code(s) of Practice. Warning of court proceedings If payment or a response is not received from you by 24 June 2023 we are instructed to issue a County Court claim without further reference to you, together with applying the interest, fees and costs highlighted above. If payment or a response is not received following a County Court claim, a County Court Judgment ("CCJ") may be entered against you. If a CCJ were to be entered, it would be recorded on your credit file for 6 years unless you pay the Judgment debt in full within a month of the CCJ being entered. A CCJ on your credit file may affect your ability to obtain future credit. If a CCJ were to be entered and you were to fail to comply with the CCJ order, we may apply to the County Court to take further enforcement action which you would be notified of separately.

KeithP

Please re-read @Le_Kirk's post of 15 August 2021 at 10:27AM.

You must inform BWLegal and the Claimant of you change of address immediately.
Failure to do that will lead to a County Court Judgment being obtained without you having an opportunity to defend yourself.

Then follow the guidance in the second post of the NEWBIES thread about how to respond to a Letter of Claim.

Fruitcake

I haven't read back, but was the driver's identity ever divulged. I ask because the marina is probably not relevant land where byelaws apply, so the keeper cannot be held liable.

marine1983

Fruitcake said:

I haven't read back, but was the driver's identity ever divulged. I ask because the marina is probably not relevant land where byelaws apply, so the keeper cannot be held liable.

I divulged I was the driver with good intentions. I was caught by a train and unable to cross the track. I thought stupidly that I could appeal and it would have been an open and shut case. 

It's interesting you mention the bylaws. How could I verify that they are able to subcontract the land for parking disputes?

I've also emailed them back to update my current address. I assume I need to wait for the paperwork now.