PARKING PAID ON OLD CAR USING APP

SHEILA54

Hi

Over the period from February to March my daughter paid for parking in the Britannia car park , next to her work.  She then received parking notices saying that she hadn't paid but she has proof on her phone that she did pay for parking.

She has been dealing with problems during the past few months due to mental health problems with her daughter and hasn't been on top of her game..

She appealed the 1st fine but they wouldn't accept.  She was give 2 separate fines for parking, on the same day at different times, in the same car park  I have spent several hours talking to them but they wouldn't budge so,  to get rid of the hassle which is causing her stress and ill health, I ended up paying £320 for the 1 day, £160 per each notice

after the matter was passed to a debt recovery agency.

She had paid on the app on her phone but the old car was registered so they wouldn't accept that.

Recently she has had lots of notices about parking from the same company but thought that they applied to that time and didn't read them.  In the end I phoned them up, on her behalf and was told that there another 4 incidences in March where the same thing has happened and she now owes another £640.  She only earns £15000 and her husband has left so she really isn't in a good way, both emotionally and financially.

She can show payment and I have contacted both Britannia and the debt collection agency but they won't budge and have issued an ultimation that the £640 has to be paid by next week, or she has to pay it of monthly.

Is there anything that can be done?  £960 for 5 supposed parking offences seems ridiculous, especially when she paid on her phone.  Had she been in a better frame of mind then she would have realised that the fines applied to different dates but she is having problems right now.  They have said that she can't appeal as the matter has passed to the recovery agency.

Please can anyone help or do we have to pay all this money?

My husband is now having to drive her to work and pick her up as she is scared to drive in case the same happens

Thanks for your time

D_P_Dance

None of these are fines, they are invoices for the damage the PPC allege they have suffered at your daugters hand.  Only a judge can say if they are deserved or not.  She owes nothing unless a judge says she does

They also appear to be asking for unlawful sums, please read the newbies, tell her to complain to her MP and read this

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V Excel v Wilkinson.pdf?dl=0

You have been scammed, out of £320 and your daughter now has a huge target on her back, 

Read the newbies, read a couple of dozen posts, in here, peppipoo, legal beagle, notomob, honest john et al.  Read The Parking Pranksters blogs, read read read, research research, research,  and NEVER telephone a scammer again.  Judges love paper trails so everyth ing on paper.

FYI 8.6 million of the private invoices are issued each year, only a small percentage reach cout and very few of those are awarded to the scammer.   

SHEILA54

It is BW Legal who are dealing with this, on behalf of Britannia parking so I don't think that it's a scam.  I just don't think that it's fair.  Britannia parking have said that now it has been passed to BW Legal, it has nothing to do with them

D_P_Dance

It is BW Legal who are dealing with this, on behalf of Britannia parking so I don't think that it's a scam.  

I can assure you that it is, read this

https://uk.trustpilot.com/review/bwlegal.co.uk

Are they all wrong?

. 

Coupon-mad

Oh no, WHY have you paid some of these, stop!  PLEASE STOP. 

Complain to the BPA using their online complaint form, saying that Britannia failed to recognise that paying against her old car VRM is a ‘major keying error’ for which the BPA Code of Practice required Britannia to offer to settle at £20.

SHEILA54

The problem is that all of the communications from Britannia were made by email and her account was full so the £20 may have been made but bounced back.  It also says that the payment of £20 must be made within 14 days or the original parking charge will apply. 

She has been in a very stressed mental state this year due to problems at work and with her daughter refusing to attend school and having health problems.  This has meant that she really hasn't been keeping an eye or dealing with anything.  Unfortunately I wasn't aware of this until recently, which is why I have taken over and am trying to sort things out.

beamerguy

SHEILA54 said:

The problem is that all of the communications from Britannia were made by email and her account was full so the £20 may have been made but bounced back.  It also says that the payment of £20 must be made within 14 days or the original parking charge will apply. 

She has been in a very stressed mental state this year due to problems at work and with her daughter refusing to attend school and having health problems.  This has meant that she really hasn't been keeping an eye or dealing with anything.  Unfortunately I wasn't aware of this until recently, which is why I have taken over and am trying to sort things out.

I am confused, you say her mailbox was full and the email could have bounced back ?  Then you say ...
" It also says that the payment of £20 must be made within 14 days or the original parking charge will apply"

SHEILA54

She got the email for the 1st of the 6 fines about the £20 but then she couldn't receive any emails as her box was full so, when she realized, she started another email account.  If they had tried to send anything to that email address then it would have bounced.  She didn't open the email offering the first £20 as she hasn't been on top of her game and I have ended up paying 2 x £160 for that charge and another for the same day .  There are 4 more after that which would have been in March but I only became aware of them when the letters from BW legal started arriving en mass recently.  I have spoken to them on several occasions for them but really don't know what to do or where she stands

Coupon-mad

Please STOP phoning them.

Put the situation to them by email and state that the payments already made more then cover the keying error that caused the issue and you ask that their clients cease and desist with harassing a person whose mental health means she is vulnerable (the new debt collection safeguards apply) and she also meets the definition of disability in the Equality Act 2010 so a reasonable adjustment must be made now that the parking firm are aware of this.  Explain her medical issues as much as you are comfortable to do.

NO PHONE CALLS.

D_P_Dance

... she also meets the definition of disability in the Equality Act 2010 

Read this

https://www.equalityhumanrights.com/en/equality-act/protected-characteristics

SHEILA54

Thank you for your advice.  They have asked for proof, from a registered doctor, that she is suffering from anxiety and stress and the effect that it is having on her wellbeing.  We have tried to get an appointment to discuss this but have to phone for an emergency appointment as they are fully booked for 2 weeks.  They gave us a number for her to phone if she is suicidal but she isn't at that stage, just overwhelmed with problems, both at work and with her daughter, who was due to take her GCSE'S this year but hasn't been able to engage and is also under child and adolescent mental health.