BW legal chasing - parking fines in own space

park_right

Hi all, I have read all the guidance but would appreciate advice for my specific scenario that I am struggling with. They have sent me the attached final demand letters - next up is a Letter of Claim.

My situation:

- Live in a shared ownership flat. Lease mentions I must 'comply with such reasonable regulations as the Estate Owner may make from time to time...including regulations as to the manner of use of any parking space'.

- I have an allocated parking space in an underground car park that you need a key fob to enter.

- I received two parking charges within 5 days of each other as my pass had slipped to the bottom of my windscreen and was supposedly not fully visible as the signs request.

- I complained hard to A2 Dominion but our leaseholder services manager is absolutely awful and takes 1+ month to respond. They then said there's nothing they can do.

- I did appeal to Parking and Property Management Ltd but it failed, hence the chasing letters from bwlegal.

Do I just need to wait for the Letter of Claim at this point? It's a crazy practise. I subsequently found out that I can opt out of them managing my personal space, so minded to do that.

Would appreciate any guidance.

Thanks!

Car1980

What is the pass made of and how does it fix?

kryten3000

Yes, wait for Letter of Claim.  The letter above is just another debt collection attempt and can be ignored.

Coupon-mad

park_right said:

They have sent me the attached final demand letters - next up is a Letter of Claim.

My situation:

- Live in a shared ownership flat. Lease mentions I must 'comply with such reasonable regulations as the Estate Owner may make from time to time...including regulations as to the manner of use of any parking space'.

- I have an allocated parking space in an underground car park that you need a key fob to enter.

- I received two parking charges within 5 days of each other as my pass had slipped to the bottom of my windscreen and was supposedly not fully visible as the signs request.

- I complained hard to A2 Dominion but our leaseholder services manager is absolutely awful and takes 1+ month to respond. They then said there's nothing they can do.

- I did appeal to Parking and Property Management Ltd but it failed, hence the chasing letters from bwlegal.

Do I just need to wait for the Letter of Claim at this point? It's a crazy practise. I subsequently found out that I can opt out of them managing my personal space, so minded to do that.

Definitely opt your bay out THIS WEEK. Now.

I've no idea why residents even accept unwanted private 'permit scheme' scams.

They aren't offering you anything you don't already have. This is your home and you have an allocated parking space in a secure underground car park with a key fob to enter. NOBODY needs a permit. The scheme is a typical 'outrageous scam' IMHO and this offers nothing of any value to any residents.

This isn't parking management.

There aren't any trespassers or similar issues in a secure keyfob car park (except - maybe - the odd pain of a resident bringing in two vehicles or leaving one SORNed and in the way or something, which could be dealt with not as a parking issue but by the MA as a potential breach of a lease).

PPM are not needed at your estate. Their regime targets residents and your visitors.

OPT OUT.

You can ignore the BW Legal letter. They aren't offering you anything of value either.

This isn't debt 'resolution', this is rip-off.

- I received two parking charges within 5 days of each other as my pass had slipped to the bottom of my windscreen and was supposedly not fully visible as the signs request.

Don't tell me, they took secret photos then only posted the PCNs out a week ir so later, by which time there were 2 PCNs instead of one on the windscreen which would have alerted you on day one?

Did you try the kangaroo court of IAS?

park_right

Car1980 said:

What is the pass made of and how does it fix?

It’s paper with a bit of a laminated back - pictures here for clarity.

park_right

Coupon-mad said:

park_right said:

They have sent me the attached final demand letters - next up is a Letter of Claim.

My situation:

- Live in a shared ownership flat. Lease mentions I must 'comply with such reasonable regulations as the Estate Owner may make from time to time...including regulations as to the manner of use of any parking space'.

- I have an allocated parking space in an underground car park that you need a key fob to enter.

- I received two parking charges within 5 days of each other as my pass had slipped to the bottom of my windscreen and was supposedly not fully visible as the signs request.

- I complained hard to A2 Dominion but our leaseholder services manager is absolutely awful and takes 1+ month to respond. They then said there's nothing they can do.

- I did appeal to Parking and Property Management Ltd but it failed, hence the chasing letters from bwlegal.

Do I just need to wait for the Letter of Claim at this point? It's a crazy practise. I subsequently found out that I can opt out of them managing my personal space, so minded to do that.

Definitely opt your bay out THIS WEEK. Now.

I've no idea why residents even accept unwanted private 'permit scheme' scams.

They aren't offering you anything you don't already have. This is your home and you have an allocated parking space in a secure underground car park with a key fob to enter. NOBODY needs a permit. The scheme is a typical 'outrageous scam' IMHO and this offers nothing of any value to any residents.

This isn't parking management.

There aren't any trespassers or similar issues in a secure keyfob car park (except - maybe - the odd pain of a resident bringing in two vehicles or leaving one SORNed and in the way or something, which could be dealt with not as a parking issue but by the MA as a potential breach of a lease).

PPM are not needed at your estate. Their regime targets residents and your visitors.

OPT OUT.

You can ignore the BW Legal letter. They aren't offering you anything of value either.

This isn't debt 'resolution', this is rip-off.

- I received two parking charges within 5 days of each other as my pass had slipped to the bottom of my windscreen and was supposedly not fully visible as the signs request.

Don't tell me, they took secret photos then only posted the PCNs out a week ir so later, by which time there were 2 PCNs instead of one on the windscreen which would have alerted you on day one?

Did you try the kangaroo court of IAS?

Thank you, I have opted out now. Appreciate your comments. And yes, if I recall correctly that’s how it happened - 2 surprises at the same time. I tried IAS, they were having none of it and as I said, no luck with A2 either (they are slow and hopeless).

I’ll wait for the LoC! 

park_right

Hi all, I now have a Letter of Claim from BW Legal, accompanied by annexes, questionnaires and an income form. Please can someone confirm that the correct action now is to email BW Legal with the generic wording as per the FAQs post - and that this isn’t a court claim yet?

I will use the following:

Dear Sirs,

Your Ref. ############
Proposed Legal Proceedings
Claimant: xxxxxx xxxxxxxx Ltd

I refer to your letter of claim.

I confirm that my address for service for the time being - assuming you don't faff about and delay any claim - 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 £120 represents what you lot dress up as a 'Debt Recovery' fee, and if so, is this net 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

Coupon-mad

Yes but don't expect them to stop and please don't post their response here. We never want to see that! A claim form will follow.