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Hello there,
I am a new member, just joined, Today I received a Letter of Claim before action from bwlegal. This is on behalf of Brittania Parking. Appealed with Brittania and then with POPLA. Photographic evidence uploaded embedded within PDF claim yet POPLA say they did not receive any photographs so cannot take it into consideration. Appeal was rejected.
Driver parked in a small parking bay where she has been parking regularly for 30 years. She had no idea Brittania was operating there and believed car parking area to be free. Car parking area serves 9 businesses and driver was frequenting Indian restaurant where she stayed for one hour. This was 10.00pm at night in October. Very dark, no signs seen by driver. It seems Brittania operate a 20 minute restriction. Signs are fairly obvious during the day but are positioned in areas where they simply cannot be seen at night. Brittania provided photographs to POPLA of their signage at 10.00pm at night in June with clear blue sky and lots of light. I provided photographs to POPLA taken 2 weeks after incident 10.00pm at night in October with dark black sky and no lighting in car park. Signage is on one side of parking area only and cannot be seen when parked facing Indian restaurant so signage not seen by driver. I explained all this to POPLA but as I said they said as no photographic evidence was provided they cannot take it into consideration. I have no idea how they missed all the photographs provided. Now I have received letter of claim saying if response or payment is not received by May 18th then claim against me will be made in county court. They are persuing me as registered keeper. I have read some advice to ignore this until you actually receive a court claim. Indian restaurant manager told me to ignore all letters as this has happened to many of his customers and he is currently taking Brittania to court for loss of business and believes them to be there illegally. I questioned landowner authority in my POPLA appeal and Brittania provided a redacted contract. I have approached several businesses at this parade and no one knows who the landowner is. I decided not to take restaurant manager's advice to ignore and went ahead with the appeal. My question is do I respond to bwlegal saying I dispute this charge? Do I have a case here? Signage was genuinely not seen in this car park area. Signage is badly positioned, too high and the wording is too small to read. All this was stated in POPLA appeal. Please advise on my next step? With many thanks.
I am a new member, just joined, Today I received a Letter of Claim before action from bwlegal. This is on behalf of Brittania Parking. Appealed with Brittania and then with POPLA. Photographic evidence uploaded embedded within PDF claim yet POPLA say they did not receive any photographs so cannot take it into consideration. Appeal was rejected.
Driver parked in a small parking bay where she has been parking regularly for 30 years. She had no idea Brittania was operating there and believed car parking area to be free. Car parking area serves 9 businesses and driver was frequenting Indian restaurant where she stayed for one hour. This was 10.00pm at night in October. Very dark, no signs seen by driver. It seems Brittania operate a 20 minute restriction. Signs are fairly obvious during the day but are positioned in areas where they simply cannot be seen at night. Brittania provided photographs to POPLA of their signage at 10.00pm at night in June with clear blue sky and lots of light. I provided photographs to POPLA taken 2 weeks after incident 10.00pm at night in October with dark black sky and no lighting in car park. Signage is on one side of parking area only and cannot be seen when parked facing Indian restaurant so signage not seen by driver. I explained all this to POPLA but as I said they said as no photographic evidence was provided they cannot take it into consideration. I have no idea how they missed all the photographs provided. Now I have received letter of claim saying if response or payment is not received by May 18th then claim against me will be made in county court. They are persuing me as registered keeper. I have read some advice to ignore this until you actually receive a court claim. Indian restaurant manager told me to ignore all letters as this has happened to many of his customers and he is currently taking Brittania to court for loss of business and believes them to be there illegally. I questioned landowner authority in my POPLA appeal and Brittania provided a redacted contract. I have approached several businesses at this parade and no one knows who the landowner is. I decided not to take restaurant manager's advice to ignore and went ahead with the appeal. My question is do I respond to bwlegal saying I dispute this charge? Do I have a case here? Signage was genuinely not seen in this car park area. Signage is badly positioned, too high and the wording is too small to read. All this was stated in POPLA appeal. Please advise on my next step? With many thanks.
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