Parking Charge - Britannia Parking

Car1980

Note the T&Cs. 6 of them will result in a PCN.

Pay on arrival is at the top but not in the six.

Fail to purchase a valid payment can be nullified by making a valid payment since there is no obligation to pay on arrival contractually. The present tense is used in the contract, but the past tense "failed" is claimed. What is a valid payment? The only indication is a time period for parking, and a price.

lily10

https://forums.moneysavingexpert.com/discussion/comment/82009896#Comment_82009896

Thank you for this - that is a great point. I will do this.

Coupon-mad

And then don't bother with POPLA.

lily10

Hi,

Latest update on this.

As the keeper I have received a payment request letter ( and an email) from BW Legal requesting a response by 10th August.

This has been ignored and an email has now been received today requesting that the keeper contact them to discuss.

They have also made numerous phone calls to the keeper's mobile number - none answered.

Should the keeper simply now wait for the LOC or is it worth communicating before this ( now) to say that the fee was paid ( and provide proof) in accordance with the point raised here:

https://forums.moneysavingexpert.com/discussion/comment/82009896#Comment_82009896

Advice greatly appreciated.

Thanks

Coupon-mad

Yes and point out the contract was concluded by the motorist because the sign does not state any obligation to pay on site, nor even within a certain time. The only indication is a time period for parking, and a price. That price was paid in two payments, proof attached, thus there is no loss. The two payments represent full and final settlement and were not returned.

Then suggest Britannia should read the CMA's Open Letter from July (Google and read it then link it) and need to get their 'consumer protection law' house in order and stop threatening paying patrons with court where no monies are owed and no judge would find the unlawfully inflated sum of £170 payable.

lily10

Thank you for your reply Coupon Mad - I will do all of that.

lily10

Hi, I submitted an email response to BW legal but then received the LOC and a subsequent email response from them stating ( in part below):

"…Thank you for providing the requested documentation.

From the evidence provided the ticket purchased expired at XXX, as your vehicle remained on site until XXX the ticket in question failed to validate your entire stay.

Please note, we are not an appeal service and your appeal has previously been rejected by our Client, the balance of £170.00 remains due and owing.

Should you wish to dispute this matter further, please seek your own independent legal advice…."

I have now drafted my response to the LOC (below). Could you please look over this and make any suggestions if necessary. Many thanks.

Dear Sirs,

Your ref: [████████]Proposed legal proceedings

Claimant: [Britannia Parking Group Limited t/a Britannia Parking]

I refer to your letter of claim. I confirm that my address for service for the time being is as follows:

████████

████████

████████

████████

You should revert to your client because the 'propensity to pay' score in my case is zero, so any claim is hopeless and a waste of the court fee (whether 'fronted' by your firm or not). The alleged 'debt' is disputed and any court proceedings will be vigorously defended.

I have already submitted the detail below to yourselves and I suggest you now put this to Britannia Parking.

The driver of the vehicle paid for parking at Silver St, Glastonbury on ████████ (location 801356) The amount paid was £2.20 (proof already submitted to Britannia) Payment made on Mastercard ending ████████.

A further payment for £6.70 was made on ████████ Reference ID ████████ Receipt number ████████ Location Silver Street Location number 801356 Vehicle Registration Number ████████

Note the T&Cs at this car park. (location 801356) – image sent. Pay on arrival is at the top but not in the 6 listed under the T&Cs. Failure to purchase a valid payment can be nullified by making a valid payment since there is no obligation to pay on arrival contractually. The contract was concluded by the motorist because the sign does not state any obligation to pay on site, nor even within a certain time. The only indication is a time period for parking, and a price. That price was paid in two payments thus there is no loss. Proof has been submitted for both these payments. The two payments represent full and final settlement and were not returned.

I attach a link to the CMA's Open Letter from July https://www.gov.uk/government/publications/open-letter-to-the-private-parking-sector which it would be good for Britannia parking to read familiarise themselves more fully with Consumer Protection Law. I suggest having done so that Britannia can stop threatening paying patrons with court where no monies are owed and no judge would find the unlawfully inflated sum of £170 payable.

Yours faithfully,

lily10

Hi, just wondering whether anyone could give me the thumbs up or any suggestions for amendments to my prospective response ( see above post) to the LOC I have now received from BWlegal. Also, I am expected to reply by 9th Sept - should I wait until that date or reply asap now?

many thanks for any pointers here.

Le_Kirk

Pay on arrival is at the top but not in the 6 listed under the T&Cs

What does this sentence mean? Apart from that it seems to cover all the points suggested by @Coupon-mad

Car1980

https://forums.moneysavingexpert.com/discussion/comment/82118219#Comment_82118219

The top says "pay on arrival". But where is any mention that you agree to pay £100 for not doing this?

The contract says you agree to pay £100 in the event of one of six things occurring. Failing to pay on arrival is not within those six.