Claim Form Received BW Legal for Unauthorised Entry/Parking

Fruitcake

Appendix 1 Particulars,

SSA Commencement date, 01/12/2016
SSA end date, 30/11/2019.

The alleged event occurred one year after the contract end date. Have you received anything to prove the contract did not end before the alleged parking event?

brandsoda

Fruitcake said:

For clarification, and to save having to read back through: -

In your first post from May 2021 you say the alleged event occurred in November of the previous year, in other words, November 2020. 

Please confirm this to be the case. Please also tell us if there was a windscreen ticket, and the date of the NTK, and whether the NTK and/or their WS includes date stamped photos of your car.

Thanks Fruitcake.
Yes the alleged event happened in Nov 2020. 
NTK and WS both have date stamped photos of Car. but there wasn't a windscreen ticket. It was PCN delivered by post.

brandsoda

Fruitcake said:

Appendix 1 Particulars,

SSA Commencement date, 01/12/2016
SSA end date, 30/11/2019.

The alleged event occurred one year after the contract end date. Have you received anything to prove the contract did not end before the alleged parking event?

FruitCake,
P6, para 1, The Duration and Termination says.. and could be the reason this contact is still valid..

"The contract period will be 36 months from the date of agreement and will continue thereafter until terminated by either party ...."

Fruitcake

If you approach the site from this direction, you can't see, let alone read the signs.

Fruitcake

The site location on the SSA, and on their "site map" is 193-199 High Street Hounslow, but the "site map" clearly shows the car park to be on Hanworth Rd. Facing the car park, the building to the left is the Adams Hotel. GSV clearly shows it to be number 97, Hanworth Rd.
The building to the right is a solicitors office, and is number 77.

Fruitcake

Unless I have missed it, the SSA allows the PPC to issue parking charge notices. Nowhere can I see that it permits the PPC to issue and pursue court claims.

The "site map" does not define the public parking area with a 2 hour limit, nor the permit holders only area.

None of the signs show the public permitted parking area with 2 hour limit, despite the SSA stating that the PPC should familiarise themselves with these specifically mentioned areas.

I'll do some more work on the signature page in the morning.

Castle

Here are the property details when it was put up for sale in 2016-on page 5 it clearly shows "High Street" and "Hanworth Road" separately; (and there's no mention of any "Public car park", only a "Service Yard"):-
Hounslow Final Brochure.pdf (greenandpartners.co.uk)

For anybody who's interested; page 8 talks about the "High Street Quarter"; this was one of the three car parks the BPA used to justify their £19.5Billion economic loss.

Fruitcake

As far as I can tell, the signature page reads thusly: -



Name                                                                     (Possibly) Oliver Livick ?
Position                                                                  Commercial Manager

Signed by                                                               Illegible signature

Of the managing agent acting for                          Authorised Signature
and on behalf of landowner


Date                                                                       10/11/16



Then there is a faint line, similar to what you get if you copy two separate pages at the same time.



Name                                                                     Unreadable
Position                                                                  (Possibly) Divisional Department Manager

Signed by                                                               Illegible signature

on behalf of operator                                              Authorised signature

Date                                                                        1/11/15 or possibly 9/11/15



Every word and line has a grey shadow made of rectangular blocks as if it has been highlighted and copied from another document.

At the bottom right it has the number 1, (just above and to the left of where it says P3) indicating that it is page 1 of a completely different document.

I suggest you aver that the whole SSA is a false instrument and put the claimant to strict proof that the contrary is true.

Fruitcake

It's very faint, you need to blow the image up considerably, and you may need to tilt your screen to see it, but there is definitely a number "1" in the bottom right, and I believe it is also in a different font to the rest of the SSA.

brandsoda

Fruitcake said:

If you approach the site from this direction, you can't see, let alone read the signs.

Thanks for all these information FruitCake,

I have taken a photo of this side as well, not sure why missed to add in WS. but will add.