BW Legal Parking Charge Notice - Court

[Reece224]

Hi

SORRY IN ADVANCE IF THIS HAS BEEN POSTED BEFORE BUT I'M SICK OF LOOKING AND NOT GETTING ANY ANSWERS.

So, in Feb 2018 I parked in an NCP car park which uses ANPR cameras. I paid £1.50 for my ticket, HOWEVER; the machine was faulty and so was the other one as a guy came up to me asking "is this machine working properly?" You have to put in you full reg into the machine to get your ticket. I got to the 2nd letter and it wouldn't take anymore letters/numbers and begun to print the ticket. Thinking nothing of this, I wondered off into town and came back an hour later, left the car park - job done.

Months later, I received a Parking Charge Notice from NCP accusing me for not paying AKA "damages". I ignored all the letters from NCP and then my fine was brought by the lovely BW Legal. I had ignored all their letters until a Court letter was sent to me. I had replied explaining the above to them, but pretty much said 'the court denies your claims of a fault machine', also asking me why I didn't call the phone number which was on the notice board. To be honest, I didn't even take any notice of the board...

The fine was £40 from NCP, now it's £272.42. But the latest letter from BW Legal is £170.

Anyone been in this situation and or know what to do?!?! Please help

[b2018]

If you're lucky there might be a bunch of others in your position for PCNs occurring on the the same day for the same reason.
Maybe if they took the first 2 letters they could match it with yours in that time?


Every time I park in a private car park I always take a quick iPhone photo which shows the ticket on my windscreen. It saves the location, time, etc — also useful if you want to check how much time you have left.


It's not reasonable to expect everyone to call the number on the board especially when the machine isn't your responsibility.

For the "the court denies your claims of a fault machine" is that from BW legal or the court?

[ostell]

Have you got that first ticket? If not write to BW Legal and demand all documents that they intend to rely on in court, specifically, but not limited to, the Notice to Keeper. You expect them within 7 days as they must have them to hand as they have raised a claim.

Re write the first post so that the identity of the driver cannot be inferred. You are stating that months later you got the Notice Keeper. They only have 14 days to deliver it to the keeper otherwise they cannot transfer liability form the driver to the keeper and they do not know the identity of the driver. You will not be telling them that.

Part of your defence will be that the alleged breach, besides being a failure of their equipment, is de minimis in that the object of the contract, ie paying for parking, was successfully achieved.