BW Legal

Onelife21

Hoping someone can help. I received a letter back on 17th January 2024 regarding a PCN notice issued by Total Parking Solutions saying I had failed to make payment for PCN issued 31 October 2023 so I know owe £50 for PCN and £60 for debt recovery costs.  I had never received the letter for initial PCN, It turns out I had a parking notice as had parked at a college after 6pm and was unaware that this was a 24hr charge for parking. I contacted BW legal straightaway to inform that initial letter regarding PCN was never received so I was unaware of this. They placed on hold to look into further.

Prior to this I had received a letter from DVLA 27/11/2023 requesting I check V5C to check details regarding address held, turns out the V5 that was completed by the garage when I bought the car had put correct address but incorrect postcode.  I immediately corrected this on receipt of letter.

On 11/04/2024 I received a letter from my call to them on 20/01/2024, this saying further to your query raised with us, our client has requested further evidence such as proof from the DVLA that the address was updated with them before the the contravention.  Well it wasn't or I would have received the initial letter as I was unaware of this error so I provided them with letter dated 27/11/2023 from DVLA as proof I hadn't received letters.  They have today contacted to me to say this obviously doesn't prove what they asked.  I am not sure what else to do as if I would have had the PCN from start which was only £25 (if paid within 14 days) I would have paid it. Please help, any advice is greatly appreciated.

DE_612183

Have you complained to the landowner as per the newbees thread ?

Have they sent you a copy of the PCN?

Onelife21

They have never sent me a copy of the PCN.  

Can you please post link to newbees thread?

Thank you

DE_612183

https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou#latest

Onelife21

I have contacted BW legal today and requested copies of original notice which I have received via email today, this was sent by BW legal.  They have put this on hold for 7 days. The photos aren't clear, but they have detailed my reg. Looking back to parking at this college, I don't recall seeing visable signage regarding the parking terms as it was pretty dark.  I am struggling to understand the Newbees thread and moving forward regarding my situation.  Do I complain to Landowner? 

Coupon-mad

Yes.

Then please read the SECOND POST of the NEWBIES thread, which is your stage.

Onelife21

I am writing to you to complain about the predacious actions of the parking agent operating at your business premises, Total Parking Solutions, who have issued a parking charge notice to the vehicle of which I am the registered keeper, REG___________, on 31/10/2023. The PCN reference is_________ issued on 10/11/2023.

It is Total Parking Solutions suggested case that my vehicle was in contravention of the terms and conditions displayed on the signage. Namely. No payment. The first I heard about this PCN was when I received a letter from BW legal 21/01/2024 chasing £50 parking charge fee and £60 debt recover fee.  The initial PCN and final demand letters had gone to incorrect address.  I was then shocked to receive another PCN on 09/01/2024 PCN reference _________ issued 19/01/2024, this time to my current address.

I bring my daughter to the college for Netball training and was not aware that parking charges are applicable. On entering the car park and through the parking area the lighting at this time of year and time of evening at 18:19pm is very poor. The signage for the parking terms is not clearly visible on entering the car park or even once parked in the car park.  The photographs shown of my vehicle on the PCN show how poor the lighting is. On receipt of this PCN and on visiting the college again I finally found the parking meter in a dark corner of the car park and to my horror found it was only a £1 parking fee.  If I would have been fully aware of this, I would have paid the small fee like I have since returning to the college after the dates above.  I am now expected to have to explain my actions to a third-party private company who we had no dealings with, no contract with, and who are demanding a not insignificant amount of money from me. This is causing me unnecessary stress especially during the current climate and cost of living crisis.

I would welcome your own view on this harassment and hope you see fit to ensure that Total Parking Solutions cancel the 'ticket' forthwith. It is incredibly disappointing that an aggressive agent such as Total Parking Solutions to have free reign to intimidate visitors for their own profit, at your visitors own expense.

I look forward to hearing from you that this matter has been resolved in a reasonable time frame

Onelife21

Coupon-mad said:

Yes.

Then please read the SECOND POST of the NEWBIES thread, which is your stage.

Does this look ok?

Coupon-mad

I like that complaint!

Please also earn yourself £60 and help regulate the parking industry.  This is an official thing and MSE Towers has agreed I can share it...

Short notice but do the survey now (and then a short & friendly video call next week) to tell the Government's consultancy outsourced firm your experience of 'appealing' (as soon as you heard about it) and being told 'it's too late, tough - pay up and we've added £70...':

https://forums.moneysavingexpert.com/discussion/6528490/official-dluhc-paid-research-have-you-ever-appealed-a-parking-charge-notice#latest

URGENT - help us push the regulation of the parking industry and new appeals service over the line.

There should be appeal (ADR) available at ALL stages to keep cases out of court.  Please get that message across if accepted for the short online discussion next week.

Onelife21

So this is the response I received regarding Landowner letter.  Do I go down POPLA route or contact TPS?

Dear 

 

Thank you for your email with letter attached.

 

The car parking at ___________ is primarily for our students, staff and visitors to the College, but we appreciate that a lot of other users value the use of the car park outside of the times that our main users will be parking there, including for private hire of facilities on campus (we always provide detailed parking information to all of our external users).  Due to wear and tear and maintenance needed as a result of vehicular usage of the car park, we took the decision some time ago to implement a 24/7 pay to park policy (very low charge at £1 for 24 hours, which is probably the cheapest of any paid parking within the vicinity), so that we could recoup some of the costs incurred through vehicles using the car park.

 

The parking at the _______________Campus requires enforcement in line with our planning obligations under Section 106 of the Town and Country Planning Act 1990 (as amended) and are commonly known as s106 agreements. At the ___________Campus we are required to engage a third party organisation that are suitably licenced and qualified to carry out that enforcement. The College appointed Total Parking Solutions Limited (TPS) who are approved members of the British Parking Association (BPA), accredited members of the British Safety Council, Hospital Parking Charter, Park Mark and Safe Contractor approved and are thus licenced and qualified to carry out this role on behalf of the College.

 

As the College is required by regulations to engage a third party, it is TPS, rather than the College, that you need to speak to about any parking charge you have incurred.

 

If you are not satisfied with any of the signage or the way in which TPS has communicated with you, you would need to take it up with the British Parking Association or POPLA which is the independent parking fine dispute organisation.

 

British Parking Association - Representing organisations in the parking and traffic management industry

 

Welcome to POPLA | POPLA

 

The links above will guide you through the process for appealing and raising a complaint about the parking.

 

I can advise you that the College has received confirmation from TPS that all signage meets regulatory requirements set out by the British Parking Association, and indeed a representative from the BPA has visited the Taunton campus and reviewed all signage and has confirmed compliance.

 

The College will also be writing to________ School to request that they make all parents and carers aware that the College car park is fee paying for avoidance of doubt.

 

I am sorry to send what I am sure will be a disappointing response, but it is TPS or one of the regulatory bodies above which you will need to contact if you wish to complain about the parking fine you have received.  The College does not have authority to intervene and has received assurances that the signage is fully compliant.

 

With best wishes.

 

Coupon-mad

Dear College,

I really thought you'd assist. You have been taken in.

The BPA is not a regulatory body and POPLA is not an 'independent' appeals service in the sense you'd expect.  It is run any paid for by the industry themselves, in their interests.

The entire industry is considered rogue and anti-motorist, hence why the Government is stepping in to regulate them.  Did TPS inform this impending change to whoever talked them into letting them loose in your campus? Thought not.

Please don't repeat what TPS are telling you. These are not fines and just telling victims the rubbish spiel that TPS have spouted to try to look reasonable, really does not help anyone. You should Google what is happening in this rotten industry.

regards,