BW Legal - JustPark

hawk56

Hello, 

I am new to this however have read up on the NEWBIE post. 

There is an alleged claim that my car was parked with no valid ticket through Just Park. 
Essentially, the payment for some reason (Not due to bank or anything) failed when parked at this site, it was later realised and paid from that point (30 minutes later). The active parking was paid for more time and left 10 minutes before it was due to end. 

A challenge was made against them stating that the app failed etc. and would be willing to pay the time beforehand which they denied. 
I then left it and did not respond. I now have had a letter and email from BW Legal and questioning whether this should be paid (if it should of been paid originally) or is there any leg to stand on if I continue to ignore and email a defence? 

Thanks for any help.  

Redx

A defence is filed to the CCBC in Northampton after a court claim pack from the CCBC has been issued

Do you have a Court claim pack from the CCBC in Northampton ? If yes , post the issue date below

If no , is it a debt collector letter or an LBC ?  How many days notice ? Did it include financial forms ?

hawk56

No court claim pack, it's a final warning. BW emailed and sent a letter threatening I must settle in a months or so time "without the need for further collection activity". 
They wish for me to make a payment online with various different methods. 

I fear if they were to take me to court, I'd likely loose due to the app failing me although, I've seen a few threads about this same carpark in St Ives, Cornwall. 

They've also tried ringing me although I have since blocked the number. 

Coupon-mad

Did your payment cover the whole tome spent parked even though you paid late? Or was half an hour unpaid?

You are at LBC stage as per the NEWBIES thread.  

Which PPC?

hawk56

Thank you for your help. It is Armtrac Security using BW Legal. This was their response when I first appealed to Armtrac: 

The session purchased on 09.08.2021 was valid from 18:44. The vehicle entered the site at

18:06. Therefore, the vehicle had no valid cashless session or valid ticket covering the vehicle for 38 minutes.

Signage at the site states 'You must display a valid pay & display ticket within the windscreen or be in possession

of a cashless payment session for the entire parking period.'

Our Warning Signs clearly inform members of the public what the charge will be if they are to breach the rules of

parking, these signs clearly state RETROSPECTIVE AUTHORITY TO PARK WILL NOT BE ACCEPTED. BY

PARKING OR REMAINING ON THIS LAND, YOU THE DRIVER ACCEPT LIABILITY TO PAY THE PARKING

CHARGE FOR ANY FAILURE TO COMPLY WITH THE TERMS AND CONDITIONS CONTAINED WITHIN THIS

SIGN. We can see in the photographic evidence that we hold for this PCN that your vehicle was parked within

clear view of one of our warning signs, therefore we feel that you have been made fully aware that this is private

land and that any vehicle parked not displaying a valid authorising permit or Pay & Display Ticket will be liable to

receive a PCN. We have approximately 300 sites and it is not always the same Patrol Officer covering a particular

site and they cannot be expected to remember every vehicle that parks on a particular site, therefore the only way

our Patrol Officers know that a vehicle is authorised to park is by them displaying the valid Permit or pay & display

ticket. The Patrol Officer is under no duty to search your vehicle for the permit or Pay & Display Ticket and should

not need to if the permit or Pay & Display ticket is clearly displayed within the vehicle at all times. All photographic

evidence can be viewed online at www.armtracservices.co.uk by entering BOTH your PCN reference number and

VRM. Armtrac Security Services are not the landowner, we have been contracted by the landowner to ensure the

clearly displayed site rules of parking are being adhered to. As this site is clearly signed to show what the site

rules are the landowner has requested that any vehicles left on the site in contravention of the rules be issued

with a PCN, landowner's have the right to set the rules of parking on their land and the right to enforce those

rules. The landowner at this site has stated that all vehicles that are permitted to park on this site will have already

obtained a valid permit or a Pay & Display Ticket from the landowner or machines on site and have it prominently

displayed within the windscreen of the vehicle at all times. If any vehicles were going to be parked on this site

without displaying a valid authorising permit or pay & display ticket then we would have been informed of the

vehicle registration details so this could have been placed on our authorised vehicle list therefore exempt from the

parking regulations.

We are therefore unable to cancel this Parking Charge Notice as it was issued correctly. The case is now

considered closed. You now have 3 options from which to choose- 1. Pay the Parking Charge Notice of £60.00

within 14 days, after which time the discounted rate will no longer apply and the Parking Charge Notice will rise to

£100.00. 2. Make an appeal to the IAS. The Independent Appeals Service (www.theIAS.org) provides an

Alternative Dispute Resolution scheme for disputes of this type. As you have complied with our internal appeals

procedure you may use, and we will engage with, the IAS Standard Appeals Service providing you lodge an

appeal to them within 21 days of this rejection. In order to appeal, you will need your parking charge number, your

vehicle registration and the date the charge was originally issued. Please note that if you wish to appeal to the IAS

you will lose the right to pay the charge at the discounted rate of £60.00 and should the IAS's decision not go in

favour you will be required to pay the full amount of £100.00. 3. If you choose to do nothing and the Parking

Charge Notice remains unpaid after 35 days the matter may be passed onto other hands for collection. 
_

Should I still follow the Newbies LBC part of the thread or do you feel I wouldn't have a chance of winning since there is no proof the app failed the payment? I left around 10 Minutes before my time was due to end however the time unpaid at the start was around 38 minutes, meaning it was about 28 minutes unpaid. 

D_P_Dance

I am sure that, if this goes to court, an judge will see the merit s of your case.  Have yo comlained to your MP? 

hawk56

I haven't done so as of yet no. is it worthwhile with this case do you feel or are my costs just going to continue to go up? 

D_P_Dance

Of course it is worthwhile.  Your costs if you lose, which is unlikely imo, are unlikely to exceed £200.  Costs are capped in small claims courts.  

hawk56

Okay, I will look into complaining, I take it its to the local MP of the car park and not my local MP as this was when staying on Holiday. 
From this point on, should I follow the Newbies guide for 'Small Claim' for BW Legal and get a SAR? 
I suppose at this point it's worth fighting, I just didn't want the driver to end up paying a large amount considering the fault is with the app not working. 
Is there any other cases of where the JustPark app has failed for someone on this forum? 

Coupon-mad

What large amount do you think happens at small claims? It doesn't, unless the D acts unrrasonably.

D_P_Dance

You complain to YOUR MP.