Claim Form Received BW Legal for Unauthorised Entry/Parking

brandsoda

In Nov last year, my car entered a car park due to an emergency. I am the register keeper of the Car but neither I was driving nor available in the car while it entered the car park premises.

After a while I started receiving PCN on my name, and then BW legal letters for outstanding balance. Finally, letters of claim for due balance for unauthorised Entry/parking. Car was on the premises for less than 10 minutes, as the driver didn’t realise that it was a private car park area; few cars were already parked there.

Those few minutes went in reading the signage (which wasn’t visible in the first instance due to the dark and there were no lights) and deciding what to do next.

I called BW legal to explain the facts but they didn’t agree. Last week, I received the Claim Form on my name from Country Court Business Centre, Northampton.

The Particular of claim form has a line - “The PCN was issued by claimant because the driver failed to comply with the terms and conditions as displayed.

As I said I am the registered keeper of the vehicle and PCN and the Letter of Claim both are issued in my name while neither I was driving nor present in the car when the car entered the car park.

What I understand while going through different posts on this forum is that the driver should be named for the claim and not the registered keeper.  In my defence, should I use this as the driver should be responsible not the registered keeper.  Also I would like immediate help here to understand what to do next, as I am running out of time. Also, will it be a proper case to defend and what should my main line of defence be based on what I explained above.

Much appreciated for reading through this and your very kind response.

KeithP

Hello and welcome.

What is the Issue Date on your County Court Claim Form?

Redx

Not enough specific info above

1) name of Claimant Parking company ?
2) Location ? England and Wales , or elsewhere ?
3) date of issue on the claim form ?
4) did the parking company comply with POFA ?
5) what does the relevant CoP state about Grace periods ?

It's too late to name the driver , even if you wanted to , so the time to have dealt with this properly was when the first NTK PCN letter arrived in the post

Why has no landowner complaint been done ?

Umkomaas

Too late to identify the driver once a court claim has been issued. If the parking firm has complied with the Protection of Freedoms Act 2012 (Schedule 4) in their first notification to you, then as the registered keeper, you can be held liable. The name of the parking firm will help us to tell you whether they normally have problems with their NtKs (apart from a notable small handful, most don't these days). 

Half_way

Please can you give more information on unauthorised entry, this unauthorised entry thing has occurred elsewhere, add didn't end well for the PPC if i remember correctly

beamerguy

Half_way said:

Please can you give more information on unauthorised entry, this unauthorised entry thing has occurred elsewhere, add didn't end well for the PPC if i remember correctly

Firstly it depends on the signage and how easy it can be seen especially in your circumstances

UNAUTHORISED ?   For starters, BWLegal are NOT AUTHORISED to add the fake £60 ?
The Supreme court made it very clear .... "The main reason for the charge was to meet the costs of enforcing the parking rules"

We have NEVER seen from BWLegal any authority to add a fake amount. All they have said that the code of practice allow them to.   As the code of practice has nothing to do with the motorist.
This is complete nonsensical rubbish

brandsoda

KeithP said:

Hello and welcome.

What is the Issue Date on your County Court Claim Form?
The issue date in 20th May 2021

Redx said:

Not enough specific info above

1) name of Claimant Parking company ? - Premier Park
2) Location ? England and Wales , or elsewhere ? - England
3) date of issue on the claim form ? - 21st May 2021
4) did the parking company comply with POFA ? - I think yes as mentioned in PCN
5) what does the relevant CoP state about Grace periods ? is it for current Claim Form

It's too late to name the driver , even if you wanted to , so the time to have dealt with this properly was when the first NTK PCN letter arrived in the post -

Why has no landowner complaint been done ?
due to many reasons, including tragedy in family and it's consequences didn't allow to think about these. I am more than happy to provide all relevant details in court. To be honest I didn't even realise this will go that far.  

I can provide the photocopy of first NTK PCN letter(personal details masked) which I manage to find, if needed. 

KeithP

What is the Issue Date on your County Court Claim Form?
The issue date in 20th May 2021

With a Claim Issue Date of 20th May, you have until Tuesday 8th June to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS, you have until 4pm on Tuesday 22nd June 2021 to file your Defence.

That's almost four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Redx

5 is in the BPA CoP Jan 2020 , version 8 , clause 13 , now we know it's a BPA AOS parking company , if it's the correct Premier Park I am thinking of ( although I think you missed a part of their title , bearing in mind there are at least 3 Premier companies )

If premier complied with POFA , then they don't care about who was driving , they are holding you liable as keeper

If you fail to pay or dispute an invoice , then it's very likely to go to court !  No matter who issued the invoice ! Even a plumber or a garage

KeithP

brandsoda said:

KeithP said:

Hello and welcome.

What is the Issue Date on your County Court Claim Form?
The issue date in 20th May 2021

Redx said:

Not enough specific info above

1) name of Claimant Parking company ? - Premier Park
2) Location ? England and Wales , or elsewhere ? - England
3) date of issue on the claim form ? - 21st May 2021
4) did the parking company comply with POFA ? - I think yes as mentioned in PCN
5) what does the relevant CoP state about Grace periods ? is it for current Claim Form

It's too late to name the driver , even if you wanted to , so the time to have dealt with this properly was when the first NTK PCN letter arrived in the post -

Why has no landowner complaint been done ?
due to many reasons, including tragedy in family and it's consequences didn't allow to think about these. I am more than happy to provide all relevant details in court. To be honest I didn't even realise this will go that far.  

I can provide the photocopy of first NTK PCN letter(personal details masked) which I manage to find, if needed. 

Yes please show us both sides of the NtK. Leave all dates showing but of course hide everything that identifies you.

You say the Claimant is Premier Park.
There are a number of parking companies with 'Premier' in their name.
Please tell us the full name of the Claimant as shown on your Claim Form.

Coincidently, another poster has started a thread today about the Vicarage Field Shopping Centre.
Only they say the Claimant is ParkingEye Ltd.
There could of course be two different car parks, or indeed two Vicarage Field Shopping Centres, but worth checking.

brandsoda

Half_way said:

Please can you give more information on unauthorised entry, this unauthorised entry thing has occurred elsewhere, add didn't end well for the PPC if i remember correctly

As per driver mentioned, Car was pulled in the  Car Park due to an emergency. Driver looked for Parking details and after finding its Private car park driver came out of the car park but yes it took a few minutes.  

I went to see the parking area and signage details after receiving letter of Claim. This Parking is on a busy road (not gated) and displays a very small signage with P sign( Permits Holders Only / private parking ).   

thanks