Parking Charge Notice - BW Legal - Final Demand

OLDtrafford

Afternoon all,

Apologies in advance if I have posted this in the wrong area (new to the forum). I did read through existing posts but I'm still rather confused, hence the post. 

I have received two letters from BW Legal stating that I owe £170 for a parking contravention. 

The last letter received this month is labelled as 'Final Demand' and I have until 7 December to pay the £170 balance or face litigation. 

I never received a PCN on my vehicle, and I have never had one sent to my address. (I did move house this summer so could have gone to my old address)? I have therefore had no opportunity to appeal because I only became aware of this situation when I received a first letter from BW Legal. 

I was parked in a privately owned pub car park that joined a council owned car park, I had paid for a ticket, but didn't realise I was in the private owned pub car park and so never registered my number plate in the pub. Hence, why I believe I have received this PCN. But, I've seen no evidence or a PCN. 

I complained to the Pub but this failed, because they will only cancel the ticket if I can prove I visited the pub and paid by card. They also stated that there are adequate signs, I have two children under 3 who were with me on the day, I was in a new area and didn't notice the signs. 

I wonder what experts on here believe I should do - I'm a bit lost - and it's impacting on my health. 

Thanks

Coupon-mad

Yes it went to your old address.  Possibly you were a bit late changing the address on your V5C - or forgot that altogether?  Changing the address on your driving licence doesn't help.

Which PPC?

Can you get photos of the signs?

Just read the LBC section of the NEWBIES thread and respond robustly once you get a LBC.

OLDtrafford

Yes, I would have been a bit late changing the address on the V5. 

Britannia Parking Group Ltd. 

Yes, I could retrieve photos this week. 

Will do, where are we with the inflated £70 add on to the fine? Should I include that in the response? 

Thank you for replying. Much appreciated. 

OLDtrafford

Oh sorry and for clarity a 'final demand' letter isn't the same as a LBC? 

KeithP

OLDtrafford said:

Oh sorry and for clarity a 'final demand' letter isn't the same as a LBC? 

If this 'final demand' offers 30 days to pay, then treat it as a Letter Before Claim.
If it offers less than 30 days, treat it as a debt collectors letter.

UncleThomasCobley

Have a read of the PAP for debt demands and understand what a Letter of Claim must include. Para 3 is quite clear:

https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf

Coupon-mad

Wait till the LOC / LBC arrives.

Then send:



Your Ref. ############
Proposed Legal Proceedings
Claimant Britannia Parking Group Ltd. 

I refer to your your letter of claim.

I confirm that my address for service for the time being is as follows, and any older address must be erased from your records:

[Correct address here]

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 ('the PAP').

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 nett 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?

Yours faithfully