Premier Park, Exeter Road Car Park

Shepton50

Well that was quick.....

Short response as below

Good Afternoon,

We suggest you re-read the content of our previous email. This position remains the same.

In absence of full payment please follow the steps on the Claim Form upon receipt of the same where you will given the opportunity to defend the matter in court.

They still appear to have completely ignored the fact there was a disabled person in the vehicle.

From one of your earlier posts:

There was a disabled person ( with a disabled badge ) in the vehicle at the time if this helps ?

It does.
They are allowed more time for their money:
https://www.edp24.co.uk/news/21155017.disabled-campaigners-claim-norwich-parking-victory/

The same point of law applies to private firms.

Can we push on this point, or will that have to wait for a court appearance ?

Coupon-mad said:

I'm toying with the idea of throwing in the landmark court case about commission having to be declared to the consumer...

Is this something that would help to prevent us having to go to court ?

Coupon-mad

No.  Forget the commission argument but I might use it in some way for other pre-action cases.

Now report Gladstones to HMRC for VAT concerns on the added £70 DRA fee. Search the forum. Please do that report for the greater good.

Await the claim form.

Shepton50

Another update

I have now received a "letter of claim" from BW Legal.
All the usual stuff about payment is due and not paying may result in a court claim etc.

Do I send the same template reply asking about VAT, etc that I previously sent to Gladstones LBC letter ?

If so, do I mention about the disabled badge issue as this seems to have been completely dismissed and ignored ?

Coupon-mad

Yes and yes.

Shepton50

This is my reply I will be sending.

Can you confirm the additional part is ok.

I refer to your your letter of claim.

I confirm that my address for service for the time being - assuming you don't faff about and delay any claim- is as follows, and any older address must be erased from your records:

"Address added"
The alleged debt is disputed and any court proceedings will be vigorously defended.

I am sourcing and seeking independent debt advice and as such, I formally request that this matter be put on hold for an additional 30 days, in accordance with the Pre-Action Protocol for Debt Claims 2017 ('thePAP').

I note that the amount being claimed has increased by a hugely exaggerated amount which the Government called "extorting money from motorists".

Don't send me your usual blather about that.

I have two questions, and under the PAP I am entitled to specific answers:

1. Am I to understand that the additional £70 represents what you lot dress up as a 'Debt Recovery' fee, and if so, is this net or inclusive of VAT? If the latter, would you kindly explain why I am being asked to pay the operator’s VAT?

2. With regard to the principal alleged PCN sum: Is this damages, or will it be pleaded as consideration for parking?

Also, in my original appeal, I mentioned about a disabled person in the vehicle and this case https://www.edp24.co.uk/news/21155017.disabled-campaigners-claim-norwich-parking-victory/

This seems to have been forgotten about or ignored.

The original reply from Premier Park stated this:

"Whilst we note the comments and reason for appeal advising you made payment, we can confirm that insufficient evidence has been provided to substantiate your claims."

"Please note, following this appeal denial response, we will cease to respond to all further unfounded allegations of our having discriminated against yourself."

No details of what further evidence they required were asked for, and then said that they will not respond anyway !

This will be vigorously defended should you wish to proceed to court.

Coupon-mad

I'd change this jokey comment:

"No details of what further evidence they required were asked for, and then said that they will not respond anyway !"

...to a more serious note, e.g.

It is indisputable from their replies fobbing me off, that your Clients are fully aware that there was a disabled person (with a blue badge) in the vehicle at the time and it takes longer to download and use the app, which was used twice during the parking session and the vehicle left the site early.

This was a case of indirect discrimination and it has in the ensuing months, evolved into direct discrimination due to the knowledge your clients have.

Even if they are ignorant of their statutory duty to make a 'reasonable adjustment' of any fixed time limit (Equality Act 2010) I trust, as a firm of solicitors, that you are not.

A copy of the blue badge is attached. This is not mitigation: this is the law.

Shepton50

Thanks, I will change it to your suggestion and let you know the reply.

Shepton50

I have just tried to put this into the online form and I am restricted to 2000 characters.
What, if any, could I leave out to allow your suggestion above ?

I know it is recommended to not use their online form, but I don't have an email address to send it to.
I have searched through the forum and found disputeresolution@bwlegal.co.uk, however I also found posts saying this email address does not work.
I also found one of your posts suggesting complaints@bwlegal.co.uk.

Can you confirm if this is valid, or suggest another email that works ?

Coupon-mad

Complaints@ works.

Shepton50

Thank you, email sent