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Britannia + BW Legal court papers

edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
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  • Coupon-madCoupon-mad Forumite
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    No problem, now do not be a stranger on here and make sure you have read bargepole's summary of what happens next & how to fill in and serve/file each form, from now on.

    The NEWBIES thread tells you what to expect and you need to jump through a few hoops yet.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • KeithPKeithP Forumite
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    So it's now back to re-read post #4 on this thread. ;)
  • So the dormant company Britannia Parking has decided to pursue the claim despite our fantastic defence, not sure what to make of it...
  • Hi guys,

    Half a year later it's now time to prepare my defence as BW have just paid their hearing fee which I'd been hoping would never happen. The hearing's provisionally set for the 12th July.
    In the meantime BW offered to accept a lower payment of £160 which I generously counter-offered with £25 but they refused saying that they had already spent more than that.

    Interestingly, they also sent me a letter where they 'demolished' my defence as follows:

    _We write with reference to the above matter. We note your defence alludes to your reasons for disputing our client's Parking Charge Notice (PCN). We have set out our client's position below in response to your defence.
    Background
    l . For the avoidance of any doubt, our client's claim is for damages as a direct result of your breach of our client's terms and conditions.
    2. For all intents and purposes, our client has a legitimate commercial interest and sufficient standing to (a) issue Parking Charge Notices (PCN) as a result of the terms and conditions being breached and (b) bring proceedings in its own name.
    3. The signage situated across the Car Park forms a unilateral offer to anyone wishing to park their vehicle at the location. As the offer is a unilateral one, there is no need for the motorist to communicate their acceptance; the performance of parking in accordance with the terms and conditions is the act of acceptance. The signs are prominent and the terms and conditions are clearly displayed, and the motorist would have had the opportunity to read and understand them on parking at the Car Park. An objective observer would consider this action to have been done in acceptance of the terms and conditions.
    Core Terms and Conditions
    4. The signage erected at the Car Park contained, inter alia, the following terms and conditions:
    "Maximum Stay 3 hours
    £100 Parking Charge Notice may be issued to vehicles which:
    Exceed the maximum stay period"
    The Breach
    5. On 16 November 2017 (Contravention Date), we are instructed that you were registered keeper and/or the driver of a vehicle bearing the registration mark xxxxxx, (Vehicle) which was parked on private land (i.e. Slough- Slough Retail Park Slough) managed by our client (Car Park).
    6. The terms and conditions which you accepted upon entering the Car Park, are clear and unambiguous. The terms make it clear that you should not park longer than the time permitted.
    7. The enclosed photographs taken by the Automatic Number Plate Recognition (ANPR) cameras shows your Vehicle entering the Car Park at 11:15:07 and exiting at 14:32:41. The total time your Vehicle remained on site amounts to 3 hours 17 minutes 34 seconds. Our Client has reconciled the images taken from the ANPR cameras, the vehicle registration numbers of vehicles that entered and exited the car park on the contravention date and then compared it against the data extracted from the Car Park to determine whether or not the terms and conditions of the Car Park has been breached. The logs shows that your vehicle overstayed by 17 minutes 34 seconds.
    8. As a result of the breach, our client is well within their contractual rights to issue the PCN and take all necessary steps (including bringing legal proceedings) to recover the outstanding charge.
    Your Defence
    9. Having reviewed your defence, we note that you have admitted being the registered keeper at the Contravention Date. As the registered keeper of the Vehicle, and given that you had not provided our client with the full name and serviceable address of the driver within 28 days from the date of the PCN, our client is able to hold you liable for the unpaid parking charge under Schedule 4 of the Protection of Freedoms Act 2012.
    10. Our client fully complies with the BPA code of practice. 10 minutes is the grace period defined by the British Parking Association ('BPA'). However, your vehicle overstayed by 7 minutes 34 seconds out of the grace period.
    I l. Furthermore you made an allegation that our client had breached paragraph 20.14 and 22.8 of the BPA code of practice. As far as our client is concerned, the first paragraph refers to "reasonable cause" to be included in the Notice to Keeper ('NK'). In your case, a reasonable
    cause which is the contravention has been included. In reference to paragraph 22.8, our client had 35 days under the same provision after the acknowledgement of your appeal which you submitted online.
    12. Under the BPA Code of Practice, Part B, Section 23 — Recovering unpaid parking charges states, "Where a Parking Charge becomes overdue and before Court Proceedings have commenced, a reasonable sum (which covers the cost of recovering debt) may be added for the debt recovery fees. This sum must not exceed £70 unless prior approval from the BPA has been granted." Our client has been reasonable to add £60.
    l . The £100 charge is regarded as a charge for contravening the terms and conditions. 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. It is irrelevant whether or not the charge as displayed bears any relation to the cost for parking (even where there is no cost involved). 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.
    2. In the light of the above, our client does not see any merit to your allegation.

    _______________________________________
  • They have also included a copy of their contract for services which apparently enables them to pursue the 'offenders' in courts. Their 'client' seems to be a rather obscure company with a non-functional website who have never owned that retail park.

    Here's a copy of that contract:


    This AGREEMENT is made between:
    CUSTOMER Care Facilities Management, 116 Golders Green Road, London, NWII 8HB
    SUPPLIER BRITANNIA PARKING SERVICES LIMITED (company number 8187238)
    Britannia House 16 Poole Hill
    Bournemouth
    Dorset
    BH2 5PS
    DATE 5th June 2017
    CAR PARK Slough Retail Park, Twinches Lane, Slough, SL1 5AD
    TERM This Agreement will remain in place until terminated in accordance with the provisions under the heading TERMINATION hereinafter contained.

    TERMINATION This Agreement will remain in place until either:
    a) The CUSTOMER gives to the SUPPLIER three months? written notice to terminate this Agreement (such notice not being capable of taking effect until the date 36 months after the date of this Agreement); or
    b) The SUPPLIER gives to the CUSTOMER three months! written notice to terminate this Agreement; or
    c) Following receipt of a local authority enforcement notice which prevents the CAR PARK from being operated as envisaged by this Agreement, either party may give written notice to the other terminating this Agreement, such termination to take effect upon service of the notice.
    SERVICES The CUSTOMER agrees to permit the SUPPLIER to exclusively administer and collect fees in respect of parking at the CAR PARK in accordance with the onsite signage.
    PARKING CHARGE NOTICE
    REVENUE (PCN) The CUSTOMER agrees to allow the SUPPLIER to patrol the CAR PARK and to issue parking charge notices to vehicles or their keepers / owners which do not comply with the on-site signage and regulations and to retain 100% of a resulting income therefrom.
    EQUIPMENT The CUSTOMER permits the SUPPLIER to install its Automatic Number Plate
    Recognition (ANPR) cameras and to erect signage accordance with section 6.1.d of the Approved Operators Scheme. The SUPPLIER's equipment will remain its property and will be removed at the end of the term by the SUPPLIER.

    INSURANCE The SUPPLIER will have or arrange with a reputable insurer and maintain at all times during the term of this agreement public liability and employee liability insurance in the amount of EIO million and on request will provide evidence of the existence of this policy to the CUSTOMER.
    BPA / AOS BRmSH PARKING ASSOCIATIONS APPROVED OPERATORS SCHEME AUTHORISATION
    The CUSTOMER accepts that the agreement with Britannia Parking Services Limited and its parent company Britannia Parking Group Limited in respect of the CAR PARK will be carried out in accordance with the requirements of the British Parking Associations AOS Code (Approved Operator Scheme), and hereby authorises the SUPPLIER and its parent company at their discretion to take legal action to recover parking charges where they remain unpaid.
    CONFIDENTIALITY Both parties undertake to treat as confidential all information derived from or obtained in connection with the execution of this Agreement and will not divulge or communicate such information to any person, except to their professional representatives or advisers, to any third party except to the extent that this is expressly permitted under this Agreement.
    NOTICES Any notice given under this agreement shall be in writing to the respective party at the address referred to within this agreement or other addresses as notified by each party from time to time.
    NO TENANCY The SUPPLIER and the CUSTOMER acknowledge that this Agreement is an agreement to supply services. The CUSTOMER and the SUPPLIER agree that no relationship of landlord and tenant is created in relation to the operation of this Agreement at the CAR PARK nor shall the provisions of this
    Agreement create in favour of the SUPPLIER any tenancy or similar interest in respect of the CAR PARK.

    Signed for and on behalf of the CUSTOMER
    Print name xxxxxx
    Date 29/6/17
    Signed for and on behalf of the SUPPLIER
    Print name (no name given)
    Date



    As always, any advice will be warmly welcome :)
  • CastleCastle Forumite
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    I assume that their client/claimant is still Britannia Parking Ltd?
  • Coupon-madCoupon-mad Forumite
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    Methinks they doth protest too much! And most of that is a template:

    https://forums.moneysavingexpert.com/showthread.php?p=75889988#post75889988

    https://forums.moneysavingexpert.com/showthread.php?p=75306268#post75306268

    ''The signage situated across the Car Park forms a unilateral offer to anyone...''

    Yawn!

    They have not 'demolished' your defence. You are allowed time to drive in and out and the 3 hours is presumably offered as 3 hours parking on a sign somewhere (as opposed to 3 hours max stay). And your defence pointed out that the exit photograph shows the car no longer in the private car park, but queuing or slowly approaching a main road/public highway at an unidentified exit roadway junction.

    And the claim was filed in the name of a dormant company: "Britannia Parking Ltd".

    And your defence also mentioned that the £60 debt collection and £50 legal fees are both false.

    You have loads to go on and I haven't even mentioned the sparse signs or landowner authority above!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Yes, that's correct.
  • Hi CouponMad,

    Many thanks for your comments including that of a sparse signage, however in their letter they did include loads of photos of their signs and also a map which shows that car park absolutely peppered with signage. Me me in turn, has nothing to contradict that as by the time I decided to go there to take my own photos, the park was already under a different management :(
  • Coupon-madCoupon-mad Forumite
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    OK so you have everything else.

    Are you saying these signs have the £100 (or £85 or whatever) in large letters?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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