PCN Station Road, Didcot - First Letter was from Debt Collector

Chewwie94

Hi All, 

I have recently received a Debt Collector letter from BW Legal stating I have an unpaid Parking Charge Notice from Premier Parking Solutions Limited. I have been instructed pay them a total of £160 which includes £100 for the Parking Ticket Notice and £60 for the debt recovery cost.  

On 14/01/2022, I parked at Station Road Car Park, Didcot from approximately 1pm to 8pm. I had to leave work to travel to London from Didcot Station as my mum had a stroke, collapsed, and was sent to The Royal London Hospital ER Department. I paid for parking at the ticketing machine and displayed the parking ticket on the dashboard of my car that day. Unfortunately, I do not have the ticket anymore as it was nearly 2 months ago.

The problem is I have never received the Parking Charge Notice at all and the first time I heard about this was from the debt collectors BW Legal. They have stated that Premier Parking Solutions Limited posted a letter to my address on 20/01/2022 which again I did not receive. I have contacted Premier Parking Solutions Limited to get more information. However, they responded with the most useless email stating they are unable to do anything at this point and had to speak to BW Legal to resolve this. I contacted BW Legal to resolve this afterwards but not only did they not provide me with any further information, but they were threatening me with lawsuits if I do not pay by April. I have not received any photographic evidence that I have parked there without paying.

Finally, there was insufficient signage, no sign at the entrance of the car park. I was unable to tell what parking restrictions applied because the sign wasn’t clearly worded.

I did some digging and found out the land owner of the Car Park which is South Oxfordshire District Council (from the planning application form online) and I have wrote to them and waiting for a reply. 

I am not sure what else I can do at this point. Could anyone advise me on what I can do? Thank you all.

Coupon-mad

Welcome!  A typical story of rubbish from a PPC and their pet roboclaim law firm.  

Read the second post of the NEWBIES thread and send a SAR to Premier Parking Solutions.  

Also check the address on your V5C, assuming this is a car you own and don't lease.  Is the DVLA address right? 

Is the letter from tedious old BW Legal headed as a Letter of Claim?

Did you know the Govt has banned debt recovery add-ons?!

D_P_Dance

Hae you read the newbies and complained  yo your MP yet?  Ignore DCAs

They have added what appears to be an extra unlawful amount of £60 for debt collection.

This amounts to double recovery and Judges all over the country are dismissing these spurious additions. Indeed some judges have dismissed entire claims because of this. Read this and complain to Trading Standards and 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 Excel v Wilkinson.pdf?dl=0

However, 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 this,

"Abuse of process – the quantum

13. In addition to the disputed Parking Charge Notice claim amount of £100, the Claimant has added a sum of £60 that is disingenuously described variously as 'debt collection costs', ‘additional charges levied to cover the cost of recovery’, ‘additional administration costs’, ‘debt recovery costs’, ‘initial legal costs’ and ‘recovery costs’. The added £60 constitutes double recovery and the court is invited to find the quantum claimed is false and an abuse of process as was found by District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) in Excel vs Wilkinson: G4QZ465V, a similar case in which £60 had been added to a parking charge, heard in July 2020 (the transcript of which is exhibit XX-04). The Judge concluded that such claims are proceedings with 'an improper collateral purpose'. Leave to appeal was refused and that route was not pursued."

Consider complaining to The SRA about the solicitor, if one is involved They are fully aware of the unlawful nature of most of thse additions, which are nvariabky disallowed by the judge, yet persist in adding them..

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

Chewwie94

Hi All,

Thanks for your swift reply to this. I have written to PPS and it was indeed my fault as I paid for parking using the wrong machine for the wrong car park. They said they sent a letter to me on 20th Jan which they have a certificate of postage for.

I am happy to pay for the parking fine as I parked there with the wrong parking ticket but I did not receive the letter so the first time i have heard of it was from BW legal. BW legal has been chasing me up and I have a deadline of 10th April before any further action is taken. What should I do now?

Is it illegal for them to charge the £60 extra recovery debt?

Again thanks for your help. Much appreciated.

Coupon-mad

No it's not illegal as such - but they can't actually have the added £60!

Send BW Legal a response quoting the new Govt Code of Practice and a 'lack of good faith' by any PPC or robo claim firm who tries to demand it now, knowing it's banned. 

Look at any recent thread with LBC or BW Legal in the title that is still at pre-action stage, as this has been covered every day this past fortnight.