Letter Before Claim

Mappy3333 · 15 December 2018 at 1:59PM

My partner recently received a PCN from Britannia Parking. Background to the PCN is that she parked in a Britannia run car park on Poole Quay and inadvertently keyed an incorrect registration in to the meter. She actually only keyed 0 so it’s clearly not a valid registration.

Anyway PCN arrived and like the rookie I am I believed common sense would prevail. Appealed to Britannia clearly showing that we had paid for the parking session as we had the original ticket. Then when that failed we appealed to POPLA, still believing that common sense would win through. You guessed it that appeal failed too. I then found this forum.

We have now received a letter before claim from BW Legal in their standard format that I have seen on this forum a number of times. I have read the Newbies thread and apologies I’m still not entirely clear what response template I should use. I understand that I should send a SAR to Britannia, but if somebody could point me to the correct template or provide any assistance it would be much appreciated.

Thanks in advance

Umkomaas · 15 December 2018 at 2:03PM

Not everything has a template. Has the BWL letter given you 16 or 30 days to respond?

In terms of the SAR ......

Here's how the GDPR and SARs were discussed on the forum at the outset.

https://forums.moneysavingexpert.com/discussion/5849784

And a SAR template (fill in what it is you wish to ask of the PPC) from Legal Beagles

https://legalbeagles.info/library/guides_and_letters/court/subject-access-request/

Mappy3333 · 15 December 2018 at 2:12PM

Thanks for the response. They’ve given me 30 days to respond

Umkomaas · 15 December 2018 at 2:18PM

Mappy3333 wrote: »

Thanks for the response. They’ve given me 30 days to respond

So that will be a formal LBC. Please concentrate your research on the NEWBIES FAQ sticky, post #2 where the full court process from LBC to the hearing, and all points between, is described.

In addition do a forum search on keywords 'BWL LBC rebuttal' and look to see if there have been any recent form of words produced.

There was a lengthy and leggy rebuttal template floating around, but latest thinking is that a template is not right for this part of the process. The sticky might also have this advice now built into it.

HOW TO USE THE FORUM SEARCH FUNCTION:

Hit your 'Back' button to get back to the forum thread list. On the bar just above the threads you'll see the 'Search' function. Click on the 'Advanced Search' button and on the following page place your keyword(s) in the 'Search By Keyword(s)' and make sure the 'Show Results As' button (at the foot of the window) is changed from 'Threads' to 'Posts'.

Mappy3333 · 15 December 2018 at 2:19PM

Great I will give that a try. Thanks

Mappy3333 · 22 January 2019 at 1:08PM

So we have now received a letter from the County Court regarding the above PCN. We have completed the acknowledgement of service and I am about to start compiling our defence. I intend to include the following key points within my defence:

- The fact that their manual checks should have identified that there was no other vehicle within the car park with the registration that my partner keyed or was printed on the ticket.

- The fact that their technology should not allow entries of invalid registrations

- The Heggie case

- The fact that their signage does not explicitly state that failure to enter a full and valid registration will result in a fine.

Are there any other key points I am missing?

Thanks

nosferatu1001 · 22 January 2019 at 2:06PM

PLease give us the date of issue
As you have acknowedged ONLINE (hopefully!) you will have 33 days from this point to get your defence to the court, whilcjhj will be emailed.

What about standing, signage and if elevenat, POFA compliance?

Letter Before Claim

Comments

Confirm your email address to Create Threads and Reply

🚀 Getting Started

Categories

Is this how you want to be seen?

Get our FREE Weekly email full of deals & guides - and it’s spam-free