Vauxhall Street Plymouth, Car Park

Coupon-mad

Yes certainly.

Vlad_The_Inhaler

Coupon-mad said:

Yes certainly.

Thank you coupon_mad )

Find what I am considering sending below:

Your reference: xxxx

PCN/Client’s Reference: xxxx

Vehicle registration:x xxx

Location: Vauxhall Street, Plymouth                                                                                    

Without Prejudice

Dear BW Legal,

I am writing to you as the registered keeper of the above vehicle. You contacted me with regards "no trace of payment" for parking in the above named car park on the xxth October 2021. We have in our possession receipt for full payment covering the time that you state.

I would like to point out that there is an error code indicating there was a fault with the payment machine, please find below a scan of said receipt.

 --- Receipt Image ---

Also I would like to draw your attention to the recent case of Excel Parking v Mrs S. C8DP11F9 (Peel Centre ticket failure).

The final paragraph is reproduced here.

“I am satisfied that the ticket then produced is the ticket that she has produced to the court. It was through no fault of hers that this ticket displayed the letters “QQ” instead of her registration number. She obtained a ticket. She made the payment to obtain that. She displayed that ticket. It shows the relevant time of entry. It shows the amount that she has paid and it shows the registration number that the ticket machine produced. It would have been unreasonable to expect the defendant to do anything further beyond that as far as I am concerned. The registration number is not accurately
reflected but that is through no fault on the part of the defendant and I find on the balance of probabilities that the defendant had inputted the correct registration number and she had then displayed the ticket that was issued and so to all intents and purposes had fully complied with the terms and conditions applicable to this car park. Accordingly, I am going to dismiss the claim.”

Further to the above I would also draw your attention to the striking out of cases where additional charges have been added. See Excel v Wilkinson (excerpt below).

“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''.”

With the above information to hand I see no other option other than to cease action and to inform your client that they must cancel the ticket.

I look forward to hearing from you at your earliest convenience.

Yours sincerely

 

 

Registered Keeper

Coupon-mad

Not 'without prejudice'.

And none of this:

Further to the above I would also draw your attention to the striking out of cases where additional charges have been added. See Excel v Wilkinson (excerpt below).
“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''.”

Vlad_The_Inhaler

Coupon-mad said:

Not 'without prejudice'.

And none of this:

Further to the above I would also draw your attention to the striking out of cases where additional charges have been added. See Excel v Wilkinson (excerpt below).
“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''.”

Again thank you for your valued input Coupon_mad.

Edited to removed the noted sections:

Your reference:

PCN/Client’s Reference:

Vehicle registration:

Location: Vauxhall Street, Plymouth                                                                                   

Dear BW Legal,

I am writing to you as the registered keeper of the above vehicle. You contacted me with regards no trace of payment for parking in the above named car park on the xxth October 2021. We have in our possession receipt for full payment covering the time that you state.

I would like to point out that there is an error code indicating there was a fault with the payment machine, please find below a scan of said receipt.

 --- Receipt Image ---

Also I would like to draw your attention to the recent case of Excel Parking v Mrs S. C8DP11F9 (Peel Centre ticket failure).

The final paragraph is reproduced here.

“I am satisfied that the ticket then produced is the ticket that she has produced to the court. It was through no fault of hers that this ticket displayed the letters “QQ” instead of her registration number. She obtained a ticket. She made the payment to obtain that. She displayed that ticket. It shows the relevant time of entry. It shows the amount that she has paid and it shows the registration number that the ticket machine produced. It would have been unreasonable to expect the defendant to do anything further beyond that as far as I am concerned. The registration number is not accurately
reflected but that is through no fault on the part of the defendant and I find on the balance of probabilities that the defendant had inputted the correct registration number and she had then displayed the ticket that was issued and so to all intents and purposes had fully complied with the terms and conditions applicable to this car park. Accordingly, I am going to dismiss the claim.”

With the above information to hand I see no other option other than to cease action and to inform your client that they must cancel the ticket.

I look forward to hearing from you at your earliest convenience.

Yours sincerely

 

 

Registered Keeper

D_P_Dance

Consider copying it to the SRA

https://www.sra.org.uk/consumers/problems/report-solicitor/

Coupon-mad

No, people can't just copy in the SRA and anyway, BW Legal are acting on client instructions.

Put this as a separate paragraph rather than buried where it is and I suggested adding:

We have in our possession a receipt for full payment covering the time that you state.  A copy is attached in the interests of resolving the issue and exposing that the fault lay entirely with your client's  machine.

Vlad_The_Inhaler

Coupon-mad said:

No, people can't just copy in the SRA and anyway, BW Legal are acting on client instructions.

Put this as a separate paragraph rather than buried where it is and I suggested adding:

We have in our possession a receipt for full payment covering the time that you state.  A copy is attached in the interests of resolving the issue and exposing that the fault lay entirely with your client's  machine.

Coupon_Mad,  again thank you for your response, noted your input and duly amended the letter to the following:

Your reference:

PCN/Client’s Reference:

Vehicle registration:

Location: Vauxhall Street, Plymouth                                                                                    

Dear BW Legal,

I am writing to you as the registered keeper of the above vehicle. You contacted me with regards no trace of payment for parking in the above named car park on the xxth October 2021.

We have in our possession a receipt for full payment covering the time that you state.  A copy is attached in the interests of resolving the issue and exposing that the fault lay entirely with your client's  machine.

--- Receipt Image ---

Also I would like to draw your attention to the recent case of Excel Parking v Mrs S. C8DP11F9 (Peel Centre ticket failure).

The final paragraph is reproduced here.

“I am satisfied that the ticket then produced is the ticket that she has produced to the court. It was through no fault of hers that this ticket displayed the letters “QQ” instead of her registration number. She obtained a ticket. She made the payment to obtain that. She displayed that ticket. It shows the relevant time of entry. It shows the amount that she has paid and it shows the registration number that the ticket machine produced. It would have been unreasonable to expect the defendant to do anything further beyond that as far as I am concerned. The registration number is not accurately
reflected but that is through no fault on the part of the defendant and I find on the balance of probabilities that the defendant had inputted the correct registration number and she had then displayed the ticket that was issued and so to all intents and purposes had fully complied with the terms and conditions applicable to this car park. Accordingly, I am going to dismiss the claim.”

With the above information to hand I see no other option other than to cease action and to inform your client that they must cancel the ticket.

I look forward to hearing from you at your earliest convenience.

Yours sincerely

 

 

Registered Keeper

Coupon-mad

Remove the bold.

Vlad_The_Inhaler

Coupon-mad said:

Remove the bold.

Thank you once more Coupon_mad,

I have taken up enough of your time and will go with the above letter with the bold removed. Fingers crossed we obtain the response we expect.

When I have an update I will of course let you know what their response.

Once more thank you for your sage advice and comments.

Yours, gratefully.

Vlad_the Inhaler

KeithP

I am writing to you as the registered keeper of the above vehicle.

That's a bit ambiguous.

When I first read it, I saw that BW Legal was the registered keeper.

Maybe your first paragraph could look something like...

I am the registered keeper of the vehicle and you contacted me with regards no trace of payment for parking in the above named car park on the xxth October 2021.