BWLegal - PCN charges - final demand

deepax11

Hello All ,

I have recently found this forum and need some help. Here is my story. 

I have overstayed in B&Q parking by 20 mins in October 2022 as I had to attend last minute newborn emergency. 

We have got a PCN from total parking solutions (TPS) for overstaying. I have made an appeal and went abroad to attend family emergency. 

When I was back after 3 months(Feb, 2023) , I realised that I have got two letter TPS final demand letter and BWLegal letter inflating the cost. 

When I contracted  the TPS and explained that I was not in country and did not know that appeal has been rejected but I am happy to make initial amount I.e £40

TPS rejected saying that matter is now with BWLegal though they provided digital copy of rejection letter which I did not find when I was back. 

I have contacted Popla for appeal  for with expired verification code but allowed me to appeal as I was out of country. 

Popla rejected my aperal as they did not consider mitigating circumstances (new born). They also did not consider my offer of paying initial amounts as they are not right authority to enforce on TPS. They just considered whether TPS followed the rule. 

Now BWLegal is back again with final letter. I have called BW legal previously to tell them that I should win the court case because I was not in country , I have not received appeal rejection letter , I offered to make settlement when I came to know. 

Most importantly i became late because of child emergency. 

Any chance of winning court case here in case it reaches there. 

Le_Kirk

What have you received so far, PC (I can see that in your OP), appeal rejection letters from TPS and POPLA, debt collector letters (just ignore)?  Have you received letter before/of claim (proper one giving 30 days to respond) and/or N1 claim form from CCBC?  Whatever, al the information you (initially) require is in the NEWBIE sticky.

Half_way

last minute newborn emergency.

That is of importance, was this B&Qs car park, or a car park on a retail park?

Is the parking company aware that you were dealing with a newborn ( under 6 month old) child?

if not then they should be - do not take its in the hands of so called debt collectors for an acceptable  answer

You must also complain to B and Q, as someone with a new born child then in the coming years you will be looking to purchase many things that B and Q sell , from home furnishings to DIY to garden equipment and so on , likewise also complain to the retail park owner as you would be looking at spending a fair amount over the years with their tenants ( to whom you should also complain)

B789

Can you clarify that the overstay in the B&Q car park was because you were dealing with an emergency with a newborn that was with you? Also, the reason you were abroad for several months was a separate family emergency and you only raised that because of the missed appeal response? Or... was the reason you were abroad was because of a newborn emergency and that was the emergency that caused your overstay in the B&Q car park?

deepax11

Le_Kirk said:

What have you received so far, PC (I can see that in your OP), appeal rejection letters from TPS and POPLA, debt collector letters (just ignore)?  Have you received letter before/of claim (proper one giving 30 days to respond) and/or N1 claim form from CCBC?  Whatever, al the information you (initially) require is in the NEWBIE sticky.

Thanks Le a lot for aski . I have not received appeal rejection letter though they say that they did send me. But when I arrived I could only see final demand letter from TPS. When I asked them they did provide me digital copy of same. 

Yes, I have got a final letter before claim giving me 30 days notice. 

I have went through some of the post and replies and came to know about abuse of process , double recovery etc. I have sent BW legal asking by what authority they added £60 to the cost. Etc as mentioned in one of the thread. 15 days gone, so far no reply. 

I have also read that some people got success and some not leading to pay additional cost of claim process. 

So not sure it is worth fighting! Please guide 

deepax11

Half_way said:

last minute newborn emergency.

That is of importance, was this B&Qs car park, or a car park on a retail park?

Is the parking company aware that you were dealing with a newborn ( under 6 month old) child?

if not then they should be - do not take its in the hands of so called debt collectors for an acceptable  answer

You must also complain to B and Q, as someone with a new born child then in the coming years you will be looking to purchase many things that B and Q sell , from home furnishings to DIY to garden equipment and so on , likewise also complain to the retail park owner as you would be looking at spending a fair amount over the years with their tenants ( to whom you should also complain)

Yea, it was B&Q customer car park monitored by TPS. In my appeal I have informed the TPS that it was newborn emergency which caused the delay but they did not pay attention to. During Popla appeal they shared email sent to me(there was a mistake in email id this is why I did not receive) asking about B&Q purchase receipt. I have shared receipts with popla during appeal. 

I have also contact B&Q customer care but they said that they can not help much. 

Thanks 

deepax11

B789 said:

Can you clarify that the overstay in the B&Q car park was because you were dealing with an emergency with a newborn that was with you? Also, the reason you were abroad for several months was a separate family emergency and you only raised that because of the missed appeal response? Or... was the reason you were abroad was because of a newborn emergency and that was the emergency that caused your overstay in the B&Q car park?

Yes i was delayed because of newborn emergency.no , I went to abroad because my father was unwell. Thanks

Coupon-mad

deepax11 said

I have also read that some people got success and some not leading to pay additional cost of claim process. 

So not sure it is worth fighting! Please guide 

No-one pays the added fake costs.

These are ALWAYS worth fighting!

deepax11

Coupon-mad said:

deepax11 said

I have also read that some people got success and some not leading to pay additional cost of claim process. 

So not sure it is worth fighting! Please guide 

No-one pays the added fake costs.

These are ALWAYS worth fighting!

Thanks a lot for encouragement. I have read lot of your comments and suggestions but only worry about loosing and paying more even after so much stress. 

I was late irrespective of situation and I don’t have any proof to show the child emergency. I can show only birth certificate and my wife statement but not sure how much admissible it will be. 

Grizebeck

Just come back if you get a court claim 

Coupon-mad

deepax11 said:

Coupon-mad said:

deepax11 said

I have also read that some people got success and some not leading to pay additional cost of claim process. 

So not sure it is worth fighting! Please guide 

No-one pays the added fake costs.

These are ALWAYS worth fighting!

Thanks a lot for encouragement. I have read lot of your comments and suggestions but only worry about loosing and paying more even after so much stress. 

I was late irrespective of situation and I don’t have any proof to show the child emergency. I can show only birth certificate and my wife statement but not sure how much admissible it will be. 

Don't worry. 

What made you wrongly assume that losing 'costs more'?  Even if people lose a defended case they pay less than the claim!