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Letter of Claim : BW Legal (Premier Park Limited) - Max stay ex.

Hi,

I have received a Letter of Claim from BW Legal representing Premier Park Limited . The letter says the contravention is 'Exceeded Maximum Stay Period'. I've attached a screenshot of the 'estimated claim' below.

I'm the registered keeper of the vehicle. The driver (not me) stayed for about 1 hour 50 minutes in the parking lot in Feb 2019. The entrance to the parking lot is narrow, and it's difficult to look at the sign board while you are worried about your side mirrors getting smashed. The other sign boards are placed at the corners and it's not easy to read and know what the maximum stay is, and what to do if we overrun it. When the first PCN arrived, it came as a shock. It seemed more like a scam than a legitimate notice.

I read the NEWBIES post when I received the first PCN (Thanks for all the wonderful information.) and I've not responded to all the previous letters from Premier Park Limited, then PP Legal, and finally a few from BW Legal.

Now that I've got the LBC, I'm planning to do the following.

  1. Send a SAR to Premier Park Limited.
  2. Send an email to BW Legal asking them to put it on hold as I've sent a SAR to their client.
  3. Appeal to POPLA (is it too late for it?)
  4. Send a complaint email to the Landlord (is it too late for it?)


I'll post the texts of the above emails/requests separately.

Any advice is welcome!

Thanks.



    «1

    Comments

    • D_P_Dance
      D_P_Dance Posts: 11,592 Forumite
      Part of the Furniture 10,000 Posts Name Dropper
      Debt recovery cost are unlawful and amount claimed for interest seems optimistic.  complain to your MP 
      You never know how far you can go until you go too far.
    • Le_Kirk
      Le_Kirk Posts: 25,215 Forumite
      Part of the Furniture 10,000 Posts Photogenic Name Dropper
      Send the e-mail to BW Legal requesting it is put on hold for 30 days because, whilst you deny the debt, you are seeking debt advice.  This is in line with the Pre-action Protocol for debt claims.
    • Thanks @D_P_Dance -  I will look into it.,
      Thanks @Le_Kirk - I've added that line. 
      Steps 1 (SAR) & 2 (Email to BW Legal) done.

    • nosferatu1001
      nosferatu1001 Posts: 12,961 Forumite
      10,000 Posts Third Anniversary Name Dropper
      Then get ahead of the game
      Expect a claim form

      read the newbies thread on claims. 
    • beamerguy
      beamerguy Posts: 17,587 Forumite
      Part of the Furniture 10,000 Posts Photogenic Name Dropper
      BWLegal still in scam mode ...... THERE IS NO such thing as debt recovery costs. 
      As always in your your reply you must ask how authentic their claim is and on what legal authority they have to add a fake £60.  They have NO answer and if they respond, it will be with nonsense

      1: The Supreme Court, Beavis case .....  their lack of knowledge is laughable
      2: They actually think the code of practice allows them to fake claims .... rubbish
      3: They might rely on a recent appeal in Salisbury where they complained about a judge who kicked them out for ABUSE OF PROCESS .... that's the fake £60.  The judge said that cases should be looked at more carefully.   The judge never gave BWL permission to continue to add the fake £60.  That case was a complete waste of time for BWL but it did have a knock on problem for BWL and all the dodgy legals.  Once a judge sees the fake add-on, and knowing it is fakery, they are now looking at signs and other matters that can kick them out of court again.

      The lesson BWLegal failed to learn is ....... "YOU NEVER KNOCK THE HAND THAT FEEDS YOU"

      BWL simply cannot expect a judge to believe anything they say ...... they complain about judges

      See what they reply with ...... all good for a judge and if they don't reply, it's still good for a judge


    • Coupon-mad
      Coupon-mad Posts: 155,731 Forumite
      Part of the Furniture 10,000 Posts Name Dropper Photogenic
      Far too late for POPLA.  Never to late to complain to retailers/landowner and is never ceases to amaze me that people need to be told to do that.
      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
    • Fruitcake
      Fruitcake Posts: 59,503 Forumite
      Part of the Furniture 10,000 Posts Name Dropper Photogenic
      Also get pics of the site and signage when it is safe to do so. Check Google Streetview for dates either side of the alleged event to see if anything there helps.

      If you tell us where the alleged event occurred, then someone here might have information about the site that could help. Do a forum search in case that location has cropped up here before as well.
      I married my cousin. I had to...
      I don't have a sister. :D
      All my screwdrivers are cordless.
      "You're Safety Is My Primary Concern Dear" - Laks
    • D_P_Dance
      D_P_Dance Posts: 11,592 Forumite
      Part of the Furniture 10,000 Posts Name Dropper
      Have you complained to your MP yet?
      You never know how far you can go until you go too far.
    • Thanks @Fruitcake
      The location is  Stonelake Retail Park, 601 Woolwich Rd, Charlton SE7 8LU. I didn't find anything for this location yet in the forum. I tried searching for stonelake, "stone lake".
      You can see how difficult the signage is and seems deliberately designed to not be noticed.
      Here is a shot from above

        

      And here is a shot of the entrance, see how narrow the entrance is and how can one read the board and drive through this entrance at the same time?


      Here is a shot of the notice board. See how small and insignificant it is.

    • beamerguy
      beamerguy Posts: 17,587 Forumite
      Part of the Furniture 10,000 Posts Photogenic Name Dropper
      They are not signs, more postage stamps.  The entrance sign simply has a BIG letter "P"
      This is going to be another Laurel and Hardy moment for BWLegal

      Let the judge use a pair of binoculars.   As BWL don't like the words ABUSE OF PROCESS, that's the fake £60 add-on, and they complained about a judge, what a perfect moment for the judge to dismiss the case ...... the ammo has been provided to assist the judge
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