BW Legal/Parking Control Management LBC

Woppy1972

Hi team,

I was sent a couple of PCN's last year when my vehicle dropped off our cousin at her house. The driver did stop for a cuppa as well. 

I appealed both but as IAS I did not expect to be successful.

I was a little surprised in May when BW Legal wrote to me saying in response to my communication they had closed both of the PCNs and their file. I was even more surprised when last month they sent me a Letter Before Claim. 
After using BW Legal's online chat their operator said the emails were automatically generated and were misleading, but they are still proceeding and had combined tickets with a new reference but had not informed me.
The evidence the PPM is relying upon is an ANPR photo of a vehicle I am keeper of entering a shared access road and the entrance sign which says e-permits are required for visitors (although this is not mentioned anywhere else on the signage on site).

So, just after some advice when acknowledging the LBC, as per Practice Directions.

I will rewrite the below, but I've kept in plain english for now.

1) There are two different PPMs working on the site, both with their own T&C's and different creditors (see photo below).
2) The signs are very close to each other, one just 3m away from another, so it is impossible to know which signs are intended to form a contract (if any).
3) There is no demarcation to show where authority from one PPM begins and the other ends (There may be no authority of either, the claimant will be put to strict proof they have authority to operate anywhere on site)
4) The so called 'evidence' being relied upon is an ANPR photo of a vehicle I am registered keeper of entering the access road. There is no evidence of any parking, and certainly no evidence the vehicle was parking in an area where the PPM has authority or a motorist could ascertain they had authority.
5) The signs that do state that there is a contractual agreement to pay £100 is in one of the smallest fonts and unremarkable, unlike the Beavis case that PPMs like to rely upon.
5) The signs refer to valid display of a parking permit. There is no evidence the driver failed to display one in the window at the time of any alleged parking.
6) Not withstanding the completely confusing signage at the premises, the driver was transporting a resident who is in possession of a valid parking permit. The Assured Shorthold Tenancy agreement makes provision for tenants and visitors using a valid permit whilst parked in a bay. It is the defendent's position that the AST between the tenant and the landlord has primacy of contract over any and all signs erected by 3rd Parties.

I guess my question is, should I continue to refuse to divulge who was driving (it is my wifes cousin and she is on the insurance). I think no keeper liability would be the weakest point and so it might be easier to avoid this altogther.

Do the experts agree with the ordering of my points as to the strengh of the argument?

Car1980

Are BW Legal bringing the claim under POFA 2012? Seen them forget to add it on particulars before.

If so, you can say "the driver will submit their own witness statement" in your defence.

By all means write it for them when the time comes and get them to read, approve and sign.

If not, different approach needed.

"I was a little surprised in May when BW Legal wrote to me saying in response to my communication they had closed both of the PCNs and their file."

Include their actual words in your defence as that is an admission in my view.

Photo is excellent. Appalling sign layout.

Woppy1972

Yes, they are relying upon POFA. In my initial appeals I did say that as they cannot be specific about the area parked in or how they intend to evidence a contract formed it does not meet the criteria of PoFA. 

I guess if this does go to court, I do know who was driving, it might just be easier to leave POFA out of it and focus on the sign issue. I have been part of this community for about 10 years and this is the worst signage I have ever seen (and I have seen some shockers!)