Battle against GXS Services Ltd/Trace/BW Legal at Shoreham Harbour

hovesquirrel

Hi,

I received a Parking Charge - Notice to Keeper back in March 2021 with 4 attached photographs showing no evidence of where the car was parked (at night, flash only showing VRN, no PCN on windscreen, no signage). To be honest, I thought the letter was a scam and dismissed it immediately. Photos could have been of the vehicle anywhere. The letter was from GXS Services Ltd and the apparent location was Shoreham Harbour. On closer inspection, I found others testimonies of their experiences at Shoreham Harbour, so read the Newbies thread and followed it.

I wrote to them telling me to leave me alone and of course heard nothing back. Case was forwarded on to Trace who sent the usual letters over the summer. And now the case has been with BW Legal, since August 2021. Received the usual multiple “we can help you” letters and phone calls wanting to discuss repayment plans. I have now received a Letter of Claim from BWL with an estimated total claim of £253 incl fees, court costs etc. I have until Xmas to “avoid the above legal action”. I have continued to follow the recommendations - sent at SAR to GXS and informed BWL of this (not sending them Reply Form and/or Income & Expenditure Form). GXS have replied swiftly over email with my letter to them attached, along with NTK and additional photos. No additional information.

What happens now? Do I just start building my defence for a court appearance?

Apologies if this is covered in a different post, but I couldn’t find anything.  

Coupon-mad

What happens now? Do I just start building my defence for a court appearance? 

Yes but likely just a phone hearing in Summer 2022, sitting in the comfort of your own home, IF it proceeds as far as a hearing, which not all claim forms do.

Many are discontinued before hearings and we tend to win the rest.  Sounds like unlit signage and the fact you appealed, will be the factual points you will be adding to the template defence that you will if course have seen at the top of this forum.

Did you tell BW Legal to put the case on hold for 30 days to allow you time to seek debt advice?  Everyone does that and certainly if you don't want a claim form arriving over Xmas.

January is better for most people to handle a simple adaptation if our defence, but not for all people, I appreciate that there are different celebrations for some folk in January instead.  Whatever suits your situation best.

D_P_Dance

I have now received a Letter of Claim from BWL with an estimated total claim of £253 incl fees,

They have added what appears to be an extra unlawful amount for debt collection. This amounts to double recovery and some Judges have dismissed an entire claim because of this. Read this and complain to your MP.

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%20Excel%20v%20Wilkinson.pdf?dl=0

However, a VCS appealed this so it may not apply in all cases, read this

https://www.dropbox.com/s/ntksx9g7177ahyg/VCS v Percy v1 Amendments (2).pdf?dl=0Also read this

https://forums.moneysavingexpert.com/discussion/6279348/witness-statements-2-transcripts-re-parking-firms-false-costs-recorder-cohen-qc-judgment-2021/p1

Also consider complaining to The SRA about the solicitor. BWL are fully aware of the unlawful nature of this addition yet persist in adding it.

https://www.sra.org.uk/consumers/problems/

hovesquirrel

Coupon-mad said:

Did you tell BW Legal to put the case on hold for 30 days to allow you time to seek debt advice?  Everyone does that and certainly if you don't want a claim form arriving over Xmas.

Thanks for replying Yes, I followed the Sticky. Informed BW Legal over email that I’ve requested SAR and I’m seeking debt advice. Automatic reply saying please wait for up to 8 weeks for reply so who knows. 

I’m not 100% sure where the parking contravention took place to be honest - other than the location description that’s on the invoice! I just the Registered Keeper (car was having work done at a garage in Portslade on that date) so can’t vouch for signage etc (can see from photo that the sign wasn’t lit etc). Hence the reason I initially assumed it was all a scam.  

GXS haven’t supplied PDT info - does such info exist for Pay By Phone?

hovesquirrel

D_P_Dance said:

Also consider complaining to The SRA about the solicitor. BWL are fully aware of the unlawful nature of this addition yet persist in adding it.

Thanks I will do! Incredible that companies still try and get away with it. Total smash and grab. 

Coupon-mad

Are you sure it's a Pay by Phone area?

Do you think the garage employee parked it there?  

hovesquirrel

Coupon-mad said:

Are you sure it's a Pay by Phone area?

Do you think the garage employee parked it there?  

Yes, sign on one of the photos from the SAR says PayByPhone, Shoreham Port. As the photos were taken at night, its difficult to work out where it is though! A few of the car, one of the sign. I’m guessing it was parked in the bay by the garage although they were unable to remember that far back. Hence why I wanted to know whether any information is held and whether parking had been paid for. All rather frustrating.

Jenni_D

As you are at LBC stage then you could discharge and keeper liability by notifying the PPC (and BWL) of the name and address of the "keeper on the day" - i.e. the name/address of the garage working on the vehicle?  

ParkingMad

Is this any help?

https://www.shoreham-port.co.uk/need-to-know/faqs/where-can-i-park-at-shoreham-port-63/

KeithP

ParkingMad said:

Is this any help?

https://www.shoreham-port.co.uk/need-to-know/faqs/where-can-i-park-at-shoreham-port-63/

Thanks for that link @ParkingMad.

Interesting to read on that website, under the Who We Are tab...

Our heritage can be traced back to 1760.
Since our inception, Shoreham Port has been operating as a Trust Port. Our purpose to this day remains to shape and maintain the Port for the benefit of all stakeholders. The surpluses we make are reinvested in the Port to benefit everyone, creating jobs and opportunities. Learn more about Trust Ports in our guide, What Are Trust Ports?

I have not yet read that linked pdf in detail, but have noticed the phrase 'Statutory Harbour Authority' and wonder whether there is the possibility that this is 'not relevant land' under POFA.
That same document includes a list of Trust Ports. That list includes Wells Harbour which has it's own byelaws and features on this forum regularly.

ParkingMad

Thanks @KeithP

Are these the byelaws?

https://www.shoreham-port.co.uk/fileadmin/uploads/shorehamport/Documents/Marine/Key_Marine_Documents/Byelaws_2012_Shoreham_Port_Authority_approved.pdf