Not sure which approach we should have to this BW Legal letter

lola-909

Hoping you could direct me on the response to this letter. The vehicle in question is a company car (ie not leased or hired) . the attached letter was sent addressed to the company registered office rather than to the address which the DVLA would have as where the vehicle (keeper) insures it. 

No PCN on windscreen - the contravention is not even clear but they think it might have been when the driver pulled in for 10 minutes and waited in the car - not even certain of why it would be unauthorised. No idea if the signs are clear. The driver did not leave the vehicle. 

However as this is the first notification of any PCN and was not sent to the keeper address nor  was anything sent before.  there is not even clarity of the contravention, it would seem like there are valid grounds to contest it. 

I have never heard of the parking company and as this road is not a private road it doesn't add up that a private firm are chasing it.  this letter is the first indication of any pcn plus the usual bs fees added it will be contested. The letter is addressed to (company name) Ltd - no keeper or driver name. No personal names have been used. 

Is there a template that might be appropriate as a response to this? Would appreciate the best approach on this. Many thanks (Image removed by Forum Team)

Coupon-mad

Just a Debt demand - see the 4th post of the NEWBIES FAQS thread.

KeithP

lola-909 said:

The vehicle in question is a company car (ie not leased or hired) . the attached letter was sent addressed to the company registered office rather than to the address which the DVLA would have as where the vehicle (keeper) insures it.

I don't understand that.

The DVLA has only one address per vehicle - that of the Registered Keeper.
If a parking company asks the DVLA for the address of the Registered Keeper, then that is what they get.
Nothing at all to do with insurance.

lola-909

I meant that the vehicle is not registered at any other address-just citing insurance address as example that it is registered and 'kept' at another address. Not the one used by the firm sending the letter.

The registered office address would not be applicable to anything to do with the car. The insurance usually is based on where the vehicle is kept overnight - not relevant to the actual question re PCN. So they have not contacted the DVLA. They would have looked up the company on companies house and found the registered office address. But it has nothing to do with NTK 

Coupon-mad

Or they used that lease car database thingy the BPA Parking News was boasting about last year.

KeithP

You say that Heritage Lane NW6 2AZ is not a private road.
Google Street View makes it quite clear to me that it is a private road.

Why do you think "the driver pulled in for 10 minutes and waited in the car" is not parking?

lola-909

Google street view date 2009 jhas not updated with the later development - part of the lane goes into new apartment blocks but there are shops on the corner. But as the exact contravention was not even described nor photos provided it hasn't even been clear where the car was and what was unauthorised.

Waiting/loading is different to parking (eg it can be allowed at airports, hospitals or stations but parking isn't so they are different ) and can be specifically restricted as in No Waiting/Loading  - but as there is no visible sign preventing access that a driver would see then it would appear that any restrictions were not clear. I will ignore as per the newbie thread debt collecting since they have failed to send notice to the keeper/person. 

Coupon-mad

The vehicle in question is a company car (ie not leased or hired) . the attached letter was sent addressed to the company registered office.

I wouldn't ignore this in case they go and get DVLA data (due to the named company's silence). There's a danger the PPC will write to the lease firm owners and be paid £170 and then your company will be expected to cover that mistake by the stupid lease firm.

The Newbies thread DOES NOT say to ignore if it's a leased car.

You need to confirm the company is the lessee and thus, hook the scam firmly in your company's direction as lessee/hirer.

Is the recipient company your own company?

Or are you an employee?

KeithP

lola-909 said:

Google street view date 2009 jhas not updated with the later development - part of the lane goes into new apartment blocks but there are shops on the corner.

GSV has been updated. The link in my previous post shows this...

[click on the image - it is a link]

It is clearly not a public road - the block paved road surface is just one giveaway.
There is a sign on the wall left of the entrance that appears to be about parking but cannot be read from GSV.

You can of course ask for photographs of the alleged contravention.

That BW Legal letter you have shown us is addressed to 'something Ltd'.
I.e. it is addressed to a limited liability company.

lola-909

Just to confim, - The car is not a leased car. It is a company car owned by a Ltd company and used by the directors  of that company for business and personal use.

I do see a  sign on the updated images -just- but it would be impossible to read for a driver turning into the road to know if it was leading to a private or restricted road. The yellow lines seem to go around the corner but again without them providing any images it is impossible to see what evidence they are relying on or where the driver actually was waiting. 

What do you think we should do - I act as PA for the directors but am not an employee of the company. Given that they are supposed to send a NTK before escalating and that there never was a PCN issued by post then really it seems like a shot in the dark given the gaps in their letter - both as addressed to a LTD and also for the detail missing - and no preceeding NTK or PCN. 

lola-909

I think we can certainly say that their signage was certainly not clearly displayed and that placing it at the corner off a busy main road where pedestrians are crossing the road would be hazardous - no driver will be able to pull in and have time to read it without needing to continue in and do a u turn. If that is even the sign they refer to. It certainly is not clear particularly from the angle a car would be approaching.