Ghost PCNs - BW Legal, Gatwick drop off

Alloonsl

Hi Everyone - I've read through the other threads and noted that my situation (including dates and timeframes) practically match other.  I have already corresponded with BW Legal though before finding this forum so hope you guys can help me. In summary, I didn't have an issue with the fee or the additional charge for a late or forgotten payment, but I have an issue with the correspondence process adopted by these parking companies and their legal representatives.  NB: All DVLA/V5 documentation is upto date and correct.

I tried to make a payment for a drop off in July 2023, but was outside the allocated time frame to make the payment (I just forgot). I set up an account online to automated future payments to ensure I didn't fall foul of that again and awaited my notice letter. Nothing was received until a legal demand from BW Legal in November for £170.00.

I responded via their online enquiry form to ask for a copy of the original PCN as i had received nothing (unfortunately using this portal means you don't have a copy of your enquiry - I don't think I actually said I was driving but have admitted being in the car). In December I got an email reply saying I'd have to prove I didn't receive the PCN, which of course is an impossibility.

Then with extensive research through consumer forums (here and Facebook), I find this is a common tactic adopted by parking companies and their legal representatives to elicit inflated charges all the country. So my heckles are up!

I have subsequently responded to BW Legal again (by post requiring a signature on receipt) stating that I have researched this, they are acting fraudulently and unless I was given opportunity to pay the original late fee I wouldn't correspond again.  By return I received copies of not one but two PCNs.  I have never received these before.  They are also quoting the 'presumed received' paragraph of PoFA 2012)

To provide context, I live in a house with a single letterbox (ie. not flats or shared accommodation). The letterbox is in the main front door so mail is immediately secured within the property (ie. Not a wall mounted box). I am the only adult living at the property who picks up the post or opens it. I work full time from home so am present when mail is delivered. The chances of me missing not one but two pieces of correspondence from the same organisation are zero.

BW Legal are threatening court action with additional costs and impact on my credit rating. Given the number of times this exact scenario has been experienced by people all over the country, what options do I have to continue to challenge their demands and pay the original late fee of £15 only?

This demand and threat of legal action as a standalone issue would cause distress enough, but combined with additional personal pressures this is a major issue for me right now and I'm struggling to deal with it. I have 14 days to respond.  I have written to my MP as Gatwick is in the adjoining county so the 'local' airport for her constituents - I haven't received a reply.

Any support or advice you can offer would be gratefully received. Thank you

Coupon-mad

BW Legal are threatening court action with additional costs and impact on my credit rating. Given the number of times this exact scenario has been experienced by people all over the country, what options do I have to continue to challenge their demands and pay the original late fee of £15 only?

Try a complaint to the owners of Gatwick Airport, telling them the lack of barrier or a quick 'pay by card as you leave' kiosk is causing people like you. who wanted to pay the £5 fee, not to know how/when and where to do so.

Tell them that there is a huge error by NCP: the sum of £100 is not even on the yellow signs as you approach the area, therefore there is no contract to pay more than £5 per visit.  But you realise there is a fee and are prepared to pay £15 per drop off.  Ask them!

Nellymoser

If only the DLUHC had sussed out the issue and reason for missing pcns as you have done we wouldn't need the petition below. Please @Alloonsl consider supporting it.

So many people don't receive 1st and/or 2nd pcn but the £170 payment due letter often manages to drop through letter boxes. PPCs always claim discounted rate/full rate pcns/court claim letters were sent as dated though they offer no evidence to prove this.

Since they CHOOSE NOT to provide evidence of their posting we must continue to press gov to ensure they do and see it included in the new Parking CoP.

Please sign/share @jmccabe petition closes 22nd june 2024.
https://petition.parliament.uk/petitions/652355
Require communications from Private Parking companies to be traceable/trackable
Thank you and good luck getting that inflated charge cancelled.

Alloonsl

Thank you. I will try owners of Gatwick. I've already signed the petition. Its clear NCP (or their mailing company) don't send PCNs and I would dispute their system was working as so many people have had the same issue during same dates. And that's only the ones that have posted on here or FB! Thanks so much for your help. I've received Letter of Claim from BW Legal and only have til 9th March. I'm finding this really upsetting

Coupon-mad

I've received Letter of Claim from BW Legal and only have til 9th March. I'm finding this really upsetting.

We know. It's why we are here every day.

Send BW Legal the suggested LBC response shown in the NEWBIES thread which buys you a month to up the ante of the complaint.

Alloonsl

I've also posted a thread on Twitter (X) if anyone is using that. Please repost/share/tag your local MP and news stations or newspapers

I can't post the link here cos im too 'new' to this Forum but my profile is @alloonsl and I've addressed to @Gatwick-Airport

Alloonsl

Thank you so much for your support here. Feeling helpless and harrassed by these sharks

Alloonsl

This is the letter of claim I've received and forms. Can I tick Section 1 B 'I owe some'?? And just send £15 cheque? It says use thw company's online payment option, but I've looked at the NCP website and the PCN is no longer available to pay

Alloonsl

I've also received reply from my MP and she is going to contact Gatwick

Coupon-mad

This is the letter of claim I've received and forms. Can I tick Section 1 B 'I owe some'?? And just send £15 cheque?

No. Absolutely not.

Le_Kirk

............ and how to deal with a Letter of Claim is detailed in the second post of the NEWBIE sticky.