PCN from BW Legal on behalf of Britannia - Clarifications

tgm2021

Hi all!

My girlfriend received a PCN letter from bwlegal (collections team) on behalf of Britannia Parking claiming we have a contravention due to our vehicle being parked without registering (it was a pub). She wasn't the driver, and the car only stayed there for 10-20mins while she made a run to the post office (I was in the car the whole time). They demand a PCN charge plus recovery costs (£160 total), and say there's clear signage at the location.

This is a letter before claim, as it says they will escalate to legal process if we do not pay the fees. They also gave us 14 days to pay (8 days from when we actually got the the letter).

I've read the newbies guide and browsed through the existing happy outcome cases, so I was hoping to clarify my understanding on what the next steps should be:

1. Complain to the pub ("angry customer" email)

2. Send a SAR request to Britannia's DPO

3. Send an email to BW Legal requesting the case be put on hold for no less than 30 days (quoting PAP) because we're in the process of appealing it

4. Use the online appeals form on Britannia's website to send them the pre-composed appeals text which disputes the claim without naming the driver (from the newbies post)

5. Wait to see what happens, and if this ends up being cancelled or going to court (hopefully the former!)

Is this correct?

Do you think we should do all 4 steps at the same time, or do you recommend delaying any of them? Anything else we should do?  

Thank you in advance for your help - really appreciate any tips!

Redx

1) yes

2) yes

3) yes and NO, its whilst the recipient obtains debt management advice, not for appealing it

it is far too late for any appeals

4) She can try an appeal but it will be rejected by the parking company as out of time

5) more likely a court claim pack from the CCBC in Northampton within 6 years, a cancellation is very unlikely

no point delaying any of them

Umkomaas

1. By all means complain to the pub, but 'customer' might be stretching it a bit given their car park was being used by you gf to patronise the Post Office. But, I'm not sure what reasons you will use to complain.

2. Yep

3. Not because you are in the process of appealing it (who are you appealing to?), but because while you deny any debt exists, you are nonetheless seeking debt advice.

4. All too late for that now. When was the PCN incurred?

5. Hope for the best, plan for the worst. 

You need to be looking carefully at which Britannia 'brand' is pursuing you, check the NtK, the signage on site, the client name on the BWL guff and, eventually, any court claim that comes your way, and in around 6 months time the Britannia legal entity that signed the contract with the landowner. 

NB - when I say 'you', I mean the person whose name is showing on all the paperwork (who I take to be your gf?). You cannot do this 'on behalf of'. You can help with drafting etc, but it's the named person who has to have everything in their name and signed by them. 

As you are at LBC stage, use the NEWBIES FAQ sticky, second post, as your Bible from here on as it contains step by step advice on all aspects of the claim you are more than likely to face in the next few weeks. 

Coupon-mad

Why would anyone drive into a private pub car park that has signs up and ANPR cameras, to go somewhere else like the Post Office?  Drivers fall victim to this all the time and they don't even need to look for a stupid 'car park'...

I keep saying this but this is what double yellow lines are designed for!

Drivers can load and unload including taking a parcel to the PO on double yellows and - as long as they only take a few minutes - they will never get a PCN, especially with someone sitting in the car.  Why, why, why do drivers seek out scam car parks, forget car parks (please) in future!  

Rant over.  Use the street for these errands, that's what double yellow lines are actually for.  Honestly, unloading is one of their purposes.  It is exempt activity but only on street.  Not on private land where cowboys lurk with scameras.

tgm2021

Thanks for all the answers, really helpful.

Regarding appeal: if this is the first letter we received (the first time ever hearing about the parking charge), then why is it to late to appeal? When would we actually be able to appeal?

To clarify, I'm just helping her figure out all the steps involved - she's the one taking care of all the paperwork herself

On the complaint to the pub owner: I think you are right, it doesn't make any sense to complain, since we didn't use the pub (fair point).

Coupon-mad said:

Why would anyone drive into a private pub car park that has signs up and ANPR cameras, to go somewhere else like the Post Office?  Drivers fall victim to this all the time and they don't even need to look for a stupid 'car park'...

I keep saying this but this is what double yellow lines are designed for!

Drivers can load and unload including taking a parcel to the PO on double yellows and - as long as they only take a few minutes - they will never get a PCN, especially with someone sitting in the car.  Why, why, why do drivers seek out scam car parks, forget car parks (please) in future!  

Rant over.  Use the street for these errands, that's what double yellow lines are actually for.  Honestly, unloading is one of their purposes.  It is exempt activity but only on street.  Not on private land where cowboys lurk with scameras.

Well, live and learn I guess. we're not originally from the UK, so I've never experienced this. It would never cross my mind that being parked for 20mins in a pub car park (with me inside the car) would mean us getting fined, and it's quite ridiculous to be honest, but hey, rules are rules! Where I'm from it's way more serious being parked in double yellows than doing this.

I would be all for paying a fair fine for having the car there - but £100 plus £60 for processing charges, it just makes no sense at all.

Again, thanks for the tips everyone! 

Redx

The parking company post a PCN to the defendant , she has 28 days to appeal it , so that ship sailed some 30 days after it was posted , so sometime last year

Not receiving it is not the issue

As long as it was posted to the address obtained from the DVLA , the clock starts ticking

Anyone can appeal at any time , but if it's after the deadline they will reject it as out of time , the race stopped months ago , Elvis has left the building

beamerguy

tgm2021 said:

I would be all for paying a fair fine for having the car there - but £100 plus £60 for processing charges, it just makes no sense at all.

Again, thanks for the tips everyone! 

Do BWL actually say the fake £60 is for processing ...... lies again ?

Is the pub part of a chain such as Greene King ??

Coupon-mad

Well, live and learn I guess. we're not originally from the UK, so I've never experienced this. It would never cross my mind that being parked for 20mins in a pub car park (with me inside the car) would mean us getting fined, and it's quite ridiculous to be honest, but hey, rules are rules! Where I'm from it's way more serious being parked in double yellows than doing this.
I would be all for paying a fair fine for having the car there - but £100 plus £60 for processing charges, it just makes no sense at all.

We agree and I wasn't telling you to pay it. 

I was not saying 'rules are rules' - it is unacceptable that PPCs issue fake 'fines' in the post to people, then sue them.

It is a scam industry but easily avoided in future by knowing where you can/can't park on street and using the kerb as allowed!  Avoid private car parks like the plague.   Even people originally from the UK wrongly think that double yellows means 'no stopping'.  Nothing could be further from the truth, they actually invite certain activity.

As for your scam PCN, read the NEWBIES thread, get up to speed with this scam and no phoning them or paying.  Even the added £60 is fake, it is an attempt to recover the minimal costs of the operation, twice.