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  • FIRST POST
    • MzBerry
    • By MzBerry 11th Oct 18, 2:31 PM
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    MzBerry
    BW Legal Letter of claim Premier Parking Solutions
    • #1
    • 11th Oct 18, 2:31 PM
    BW Legal Letter of claim Premier Parking Solutions 11th Oct 18 at 2:31 PM
    Hi everybody,
    Looking for a bit of help with BW Legal.. I have multiple tickets issued with PPS(Premier parking solutions) for the same location (outside car park with ANPR cameras)
    Back story was in the mornings I'd drive my car to this car park and my partner would switch and take the car for the day. 2 weeks later when I went home I saw all these tickets. Never went there since. I do not have photos of the signage anymore unfortunately as this was on my old phone, it got wiped when I took it in for repair. I cannot take any photos anymore as the car park has been knocked down.


    I have not admitted being the driver, BW Legal have confirmed they are pursuing me as keeper of the vehicle. Last year when these tickets first came about I offered PPS to pay the original balance (£60 per ticket) but having multiple tickets I'd need a few months to pay, they rejected this a couple of times advising they'd take the £60 payment but pay within 4 months. I couldn't pay them this, therefore it was then passed on to BW Legal who have upped the amount to £160 each. I have told BW legal the same as PPS but they just reject it each time advising PPS are not looking to accept this.


    I don't know what to do next about these letters, they say I need to respond.
Page 1
    • IamEmanresu
    • By IamEmanresu 11th Oct 18, 2:47 PM
    • 3,784 Posts
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    IamEmanresu
    • #2
    • 11th Oct 18, 2:47 PM
    • #2
    • 11th Oct 18, 2:47 PM
    I have multiple tickets issued with PPS(Premier parking solutions)
    PPS usually operate pay & display car parks. Have you got proof of payment for each event?

    Back story was in the mornings I'd drive my car to this car park and my partner would switch and take the car for the day.
    Or was this a drive-in / drive-out sort of arrangement where a car wasn't parked at all?
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to RTFM - the Civil Procedure Rules
    2. Failing to Acknowledge or Defend- See #1
    3. Failing to RTFCL - the Court letters
    4. Template defences that say nothing - See #1
    5. Forgetting about the Witness Statement - See #3
    • MzBerry
    • By MzBerry 13th Oct 18, 2:40 PM
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    MzBerry
    • #3
    • 13th Oct 18, 2:40 PM
    • #3
    • 13th Oct 18, 2:40 PM
    parked engine on. Over ten mins. Caught by ANPR cameras
    • MzBerry
    • By MzBerry 13th Oct 18, 2:42 PM
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    MzBerry
    • #4
    • 13th Oct 18, 2:42 PM
    • #4
    • 13th Oct 18, 2:42 PM
    Parked, engine on, over ten mins & caught by ANPR
    • IamEmanresu
    • By IamEmanresu 14th Oct 18, 5:16 AM
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    IamEmanresu
    • #5
    • 14th Oct 18, 5:16 AM
    • #5
    • 14th Oct 18, 5:16 AM
    How does that car park operate? Is it a Pay & Display. Or Permit Only or what?

    Did the driver have some sort of permission to be there?

    If you have more than 1 ticket, it can be difficult to convey the idea to a judge that the driver didn't see the signs unless there were different drivers. And even then if there were different drivers, were they under the instruction of one person.
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to RTFM - the Civil Procedure Rules
    2. Failing to Acknowledge or Defend- See #1
    3. Failing to RTFCL - the Court letters
    4. Template defences that say nothing - See #1
    5. Forgetting about the Witness Statement - See #3
    • MzBerry
    • By MzBerry 17th Oct 18, 6:58 AM
    • 10 Posts
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    MzBerry
    • #6
    • 17th Oct 18, 6:58 AM
    • #6
    • 17th Oct 18, 6:58 AM
    Pay and display. I honestly had no idea I wasn’t able to. However I have got these letters now so what am I supposed to write back as I am on a time frame.. anybody???
    • IamEmanresu
    • By IamEmanresu 17th Oct 18, 9:22 AM
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    IamEmanresu
    • #7
    • 17th Oct 18, 9:22 AM
    • #7
    • 17th Oct 18, 9:22 AM
    The car park will run on cameras which will have flagged up that a car was in the car park and not paid. In the absence of an explanation, the question is why was the car in the car park (as that is its purpose) and not paying (as that is what you are supposed to do).

    Have you explained to them why you were not doing the "normal" thing people do in car parks?

    Your only defence, apart from some technical flaw in the paperwork, will be that as you did not park you did not read the signs so were unaware. That is such a weak defence, that it is likely to go to a hearing but with the right judge on the right day, it may be enough.

    As regards when to tell PPS, I'd wait for a claim and do it then. If you want to send the standard reply to a LBC asking for all the paperwork, you can do it now - or wait until the claim comes. Sometimes there is no claim so keeping a low profile might be better.
    Last edited by IamEmanresu; 17-10-2018 at 9:25 AM.
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to RTFM - the Civil Procedure Rules
    2. Failing to Acknowledge or Defend- See #1
    3. Failing to RTFCL - the Court letters
    4. Template defences that say nothing - See #1
    5. Forgetting about the Witness Statement - See #3
    • MzBerry
    • By MzBerry 17th Oct 18, 11:56 AM
    • 10 Posts
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    MzBerry
    • #8
    • 17th Oct 18, 11:56 AM
    • #8
    • 17th Oct 18, 11:56 AM
    So do you reckon realistically I should continue to fight or set up a payment plan before I incur more costs?
    • IamEmanresu
    • By IamEmanresu 17th Oct 18, 12:04 PM
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    IamEmanresu
    • #9
    • 17th Oct 18, 12:04 PM
    • #9
    • 17th Oct 18, 12:04 PM
    I honestly had no idea I wasn’t able to.
    That's the key. Could you convince a judge that the parking company failed to communicate a restriction that resulted in a penalty of £100?

    Also what did you do after receiving the first letter. How many other times did you park after that first letter.
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to RTFM - the Civil Procedure Rules
    2. Failing to Acknowledge or Defend- See #1
    3. Failing to RTFCL - the Court letters
    4. Template defences that say nothing - See #1
    5. Forgetting about the Witness Statement - See #3
    • MzBerry
    • By MzBerry 17th Oct 18, 12:14 PM
    • 10 Posts
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    MzBerry
    How do I do that? lol..
    If it was one I'd understand but I have 9.
    As per post, I had a new job, there no parking there, My bf at the time suggested to do the drop offs etc in the morning/afternoon as its close to my office. As a new job was staying at his to get used to the new job and the drive was terrible in the mornings from my house. It wasn't until 2 weeks later I go home to gather new clothes etc that I see all these tickets. Haven't been back since.. the car park isn't even there anymore
    • MzBerry
    • By MzBerry 17th Oct 18, 12:21 PM
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    MzBerry
    All the NTK state 'No authorisation to park' could this be interpreted as something else? They've never said I didn't have a ticket they just said I had no authorisation to park there.. Also, PPS original chase up letters are incorrect with incorrect dates & times. Could this help?
    Last edited by MzBerry; 17-10-2018 at 12:26 PM.
    • IamEmanresu
    • By IamEmanresu 17th Oct 18, 12:41 PM
    • 3,784 Posts
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    IamEmanresu
    If it was one I'd understand but I have 9.
    We see this often when people fail to read signs. So when the letters come, it is a prompt to go and check them. If you have parked after getting the first letter there is little excuse. Those collect before the first letter are fair game to defend.

    So how many before and how many after the first letter.
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to RTFM - the Civil Procedure Rules
    2. Failing to Acknowledge or Defend- See #1
    3. Failing to RTFCL - the Court letters
    4. Template defences that say nothing - See #1
    5. Forgetting about the Witness Statement - See #3
    • MzBerry
    • By MzBerry 17th Oct 18, 12:52 PM
    • 10 Posts
    • 0 Thanks
    MzBerry
    We see this often when people fail to read signs. So when the letters come, it is a prompt to go and check them. If you have parked after getting the first letter there is little excuse. Those collect before the first letter are fair game to defend.

    So how many before and how many after the first letter.
    Originally posted by IamEmanresu

    I don't know if you understand. I went back home to 2 weeks worth of post. This is why I did not see any letters until then. It is not like they have sent multiple letters on the same date so I cannot argue that. I simply was not at home to see these letters until 2 weeks later. They had all turned up by then.
    Last edited by MzBerry; 17-10-2018 at 12:54 PM.
    • IamEmanresu
    • By IamEmanresu 17th Oct 18, 1:02 PM
    • 3,784 Posts
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    IamEmanresu
    with the right judge on the right day, it may be enough.
    You can put that to any judge should it go to a claim. It will all be down to the judge on the day. You are entitled to defend yourself and entitled to know what the risks are. It depends on your appetite for risk.

    To balance that, there is risk on their side too but they may feel 9 tickets is worth pursuing. You just have to sit and wait to see if a claim comes.
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to RTFM - the Civil Procedure Rules
    2. Failing to Acknowledge or Defend- See #1
    3. Failing to RTFCL - the Court letters
    4. Template defences that say nothing - See #1
    5. Forgetting about the Witness Statement - See #3
    • MzBerry
    • By MzBerry 17th Oct 18, 1:33 PM
    • 10 Posts
    • 0 Thanks
    MzBerry
    You can put that to any judge should it go to a claim. It will all be down to the judge on the day. You are entitled to defend yourself and entitled to know what the risks are. It depends on your appetite for risk.

    To balance that, there is risk on their side too but they may feel 9 tickets is worth pursuing. You just have to sit and wait to see if a claim comes.
    Originally posted by IamEmanresu

    But I should still respond to letter of claim?
    • MzBerry
    • By MzBerry 17th Oct 18, 1:46 PM
    • 10 Posts
    • 0 Thanks
    MzBerry
    Every forum I've looked on etc has said do not name driver, I've held out this long for me to go to court and say oh yes it was me and I just didn't know? I feel I'd more than likely get told I'd have to pay them for the amount of time I've gone back and forth with BW Legal/PPS.
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