Parking Fine- NTC- 'Letter of Claim' status

Mitchmcg

I can see that there are alot of very clued up members on here about parking fines.  I have been reading through posts for the last half hour and hopefully won't annoy anyone by posting my issue here. 

Got a fine in Feb 24'. The fine was issued by NTC in Norwich, and was issued while i was still within my allocated time. It so happened that there were 'extra parking measures' in place in the busy car park, shown by small signs attached to a wall at waist height.  I have probably done something wrong so far and should have checked here earlier, but it is what it is. So far:

Got a fine.  Appealed. Got rejected. 

Recently received a 'Letter of Claim' by legal recovery company BWlegal, expiry date on this is 21st July.  I believe I have a good chance at the claim being thrown out, due to a few reasons, one being that the 'extra signage' is not visible if the car park is full, the cars block it out. Signs aren't lit, or legally big enough, etc, but as this is my first time fighting something like this I would love some advice on how to proceed.  

Hope this is enough information to post

Many thanks in advance

Googly

KeithP

The first few paragraphs of the second post of the NEWBIES thread explain exactly how to react upon receipt of a Letter of Claim.

I don't think you have received a fine, have you?
A speculative invoice maybe, but not a fine.

Fruitcake

It is not a fine. For what reason was the PCN issued?

Where did the alleged event occur? It may have cropped up here before. Get photos of the site and signage in readiness for a court claim.

When you appealed, did you reveal the driver's identity? If not, please show us both sides of the NTK. Redact personal data but leave dates showing. If you did reveal the driver's identity, then it doesn't matter.

Please show us the LBC, with personal data redacted.

Do not send an SAR at this stage.

Mitchmcg

Thanks for replies.  Emailed BWlegal 3 days ago with the only affiliated email I could find here, disputeresolution@bwlegal.co.uk.  Used the template from the stickies thread for n00bs, many thanks for the link KeithP.
However, no reply or confirmation of receipt (didn't get sent back either though).  Website now lists no email, and tries to go through their own appeal form.  Is this the only way to contact them now? Seems proper dodge.

Le_Kirk

These have proved working in the past but not dispute resolution as you have now discovered: -

customerinfo@bwlegal.co.uk

complaints@bwlegal.co.uk

disputeresolution@bwlegal.co.uk

Mitchmcg

Many thanks for the reply.  I emailed them both, and have received nothing but this as a reply:

"BW Legal is changing the way it communicates with its customers. We’re doing this in an effort to understand their needs more quickly and within a more secure environment. Should you need to get in touch with us then all you have to do is click on the ‘Reply Here’ button below and you will be taken to our Customer Contact Portal. Following a few security questions to establish that you are our customer you will be able to complete a Contact form which will allow us to assist you.

 

To confirm, this is a ‘NO REPLY’ email and you should click the ‘Reply Here’ link below in order to get in touch."

My deadline for communication is in a few days- I feel that if I communicate via the portal messages and information that may be important later might be lost.  Don't all limited companies have to supply a working e-mail address? I thought a law to that effect had come into play earlier this year but may be mistaken.

Do I portal it?

Gr1pr

I think I would, even though you are not their customer, the Claimant is 

But semantics aside, if contacting them establishes a communication pathway, then why not. ?

Mitchmcg

I guess I just imagine it's a way of them controlling all the communication between us, and being that I don't trust them in the slightest I would much rather communicate via email rather than their portal.  Anyway, I have done it now, at which point they are offering me a 'budget planner' and very kindly offering me to pay them £15 a month for the foreseable future. lol

Fruitcake

Any chance that you could answer the questions I asked ten days ago? 

Mitchmcg

Yes of course

PCN was issued because the car park I was in had 'additional charges'.  I was back at my car an hour before the ticket ran out, but there are small signs attached to a wall in the car park saying that additional charges come into play at 3pm and specific spots are for 'accomodation guests only'.
The signs are attached at waist height, so if the car park is very full (which it was), the parked cars actually cover up the signs. The signs are not lit, nor are they the legal size needed (50cmx50cm if memory serves)
There is a very small notice to this effect on the ticket machine itself but, tiny.
I have taken pictures of the car park since I have been back in that area working since the PCN was issued.  I did reveal my identity when I first contacted them.  It happened at the Assembly House in Norwich.

I have so far received the PCN and letter of claim and now an email. (pics attached).  I did get in touch with them before the deadline of 21st July, followed the advice on the newbies post and replied as suggested, and have then received the following email:

"Good Morning Thank you for your email. 

The Parking Charge issued is for the sum of £100.00 and our additional costs amount to £60.00, no VAT is added on to this. The relevant Code of Practice laid out by the International Parking Community (IPC) states that £100.00 is a reasonable amount to charge for the breach of contract within our Client's car parks.

 

The additional cost of £60.00 represents the nature and type of work undertaken by debt recovery agents in the collection of the balance of the unpaid Parking Charge. Our Client is satisfied that you remain liable for the cost of the Parking Charge Notice (PCN) and the costs of debt recovery, due to non-payment of the charge in question.

 

The PCN you have been issued with is regarded as a legitimate charge for contravening the terms and conditions and not a penalty charge. The sum payable following the issue of the PCN occurs on the happening of a specific event (i.e. a material breach of the terms and conditions) and is therefore a core term of our Client’s contract with you.

 

Our Client relies on the leading authority of ParkingEye Limited v Beavis [2015] UKSC 67, where the Supreme Court held that PCN charges, like this charge, serve a legitimate commercial interest. The relevant car parking Codes of Practice, also give guidance that £100.00 is a reasonable sum to charge.

We have placed your account on a 30 day hold whilst you seek debt advice.

Please see below in order for us to correspond with you. 

BW Legal is changing the way it communicates with its customers. We’re doing this in an effort to understand their needs more quickly and within a more secure environment. Should you need to get in touch with us then all you have to do is click on the ‘Reply Here’ button below and you will be taken to our Customer Contact Portal. Following a few security questions to establish that you are our customer you will be able to complete a Contact form which will allow us to assist you."

Thank you for your valued continued advice on the matter!

LDast

Did you at any stage try to appeal the PCN (NtD)? Did you ever receive a Notice to Keeper (NtK)?