BW LEGAL PARKING FINE!

cds1234

Hello! I’ve been trailing through all the bwlegal posts & am looking for some advice. 

I was contacted by bwlegal in October stating that I had an outstanding parking fine from TWO YEARS AGO, that I had no knowledge of. 

I had recently moved house and the parking company had “supposedly” sent numerous letters to my old address that I never obviously received. 

There was no ticket on my car and asked the people at my address and they hadn’t received anything! 

I asked bwlegal for proof of the parking, which shows that I was outside of the lines however when I parked there I wasn’t able to get the baby seat out at all let alone safely without doing so. 

Long story short this is now going to county court & have submitted my partial admittance and requested to pay the original fine which would have been £60 if I had actually received it and would have paid on time, not the now amounting £275. 

I’ve received a letter today from bwlegal “notice of intention to proceed” and giving me options to pay them monthly instead of it going to court. 

Just need some advice as to what to do now?? Thank you! 

Galloglass

have submitted my partial admittance

OK. You've been taken in by their claims so its likely best to take this all the way to see if they will back off. 

First thing is where. Retail Park, Hospital, Residential etc.

The aim would be to avoid court by grinding them down and making them doubt they could win - even if you appear to have agreed with them.

Did they provide a pic of the sign?

cds1234

The was an outside car park NCP and yes they did, which does show me outside the line but not the car next to me to prove I didn’t just park in two spaces. I responded as I was so shocked at the time that two years later and they now have my actual address! 

Galloglass

Nothing to do for the moment. Just wait to see if anyone at BW picks up on your "admission". If they do, you'll get an offer. If not, you'll get a Pre-Action letter so come back when you've got the next one in the chain of letters.

Coupon-mad

Galloglass said:

Nothing to do for the moment. Just wait to see if anyone at BW picks up on your "admission". If they do, you'll get an offer. If not, you'll get a Pre-Action letter so come back when you've got the next one in the chain of letters.

No. It isn't at pre-action stage and the OP has wrongly ticked 'partial admittance' instead of defending in full:

Long story short this is now going to county court & have submitted my partial admittance and requested to pay the original fine which would have been £60 if I had actually received it and would have paid on time, not the now amounting £275. 

Oh dear.

This is not a defended case then.  Something of an unknown, and not great.  Never what we would have advised.  Who told you to make an admission?!

The only other time I saw someone do this in error (like you, instead of coming here first and defending in full) I can't even remember how the court handled it but you've binned the right to defend at a hearing.

I honestly don't know what happens next; you will have to do whatever the court orders.

And you realise the fact the PCN letters went to an old address was (almost certainly) down to your logbook not being updated to your current address?

We see this all the time and it explains why you got no letters. Have you put that error right with the DVLA online - urgently!

It was never a fine.

Should not have been partially admitted but it's too late now.

Which parking firm because BW Legal are not the Claimant?

cds1234

So I’ve had today a notice of intention to proceed & they have offered me to settle and pay £40 a month and have until the 25th January to pay otherwise they will proceed 

Coupon-mad

Of course they will.  You made a partial admittance so this isn't a defended claim.  Please answer my questions above.

cds1234

I took advice from a lawyer that said I didn’t really have a defence prior and that if I admitted partial to the claim for the amount at the time it may work in my favour. We had only just moved address and was updated as soon as we were actually living there. NCP are the original claimant. 

Coupon-mad

cds1234 said:

I took advice from a lawyer that said I didn’t really have a defence prior and that if I admitted partial to the claim for the amount at the time it may work in my favour. We had only just moved address and was updated as soon as we were actually living there. NCP are the original claimant. 

Terrible advice.  I am so sorry.

We'd have helped you win the whole case.

cds1234

Is there anything I can do? 

DE_612183

cds1234 said:

I took advice from a lawyer that said I didn’t really have a defence prior and that if I admitted partial to the claim for the amount at the time it may work in my favour. We had only just moved address and was updated as soon as we were actually living there. NCP are the original claimant. 

Hope you didn't pay for that advice