Letter Of Claim BW Legal for Britannia Parking

[She-Ra]

Hi,

Ive received 2 letter of claims for 2 different vehicles both registered at same address (diff owners) Letter of Claim states Date of contravention 09/02/16 Contravention: Failed to make a valid payment (for both) From memory, (that isn't that great since a lot of time has passed....) It possibly may have been a family meal at a restaurant that validates the parking, but I can't be 100% sure?
Im a bit panicky as x2 claims means double the price!!

Is anyone able to assist or point me in the right direction of where to go with this? I don't know where to start to be completely honest, Ive read through various posts, but just seem to be getting myself in a muddle! Ive attached a shot of one of the letters

Thanks!!

[ostell]

So a SAR to the parking company asking for all the paperwork that they hold. If there are 2 different owners then how are they coming to you for both?

Letter to BWL telling them to put the matter on hold while you await the response to the SAR request so that you have some idea what the matter is about.

[She-Ra]

Thank you! One owned by myself, other is husband. I'll get letter writing tonight!

[She-Ra]

Hi Ostell,
I've received a reply from BW, I was hoping it would be a lovely "we've cancelled it all" one but sadly not.... see attached.
I have not heard anything from Brittania as yet, so now I'm starting to worry as BW state they wont put this on hold?

[ostell]

So what came back from the SAR request

[She-Ra]

I received a copy of my letters back this morning, along with a "compliments slip" saying "please provide the parking charge notices these relate to."
I don't have copies of those, the alleged incidents was almost 3 years ago. I thought the point of an sar was to get information they have against my name?

[ostell]

So respond back pointing out that the point of a SAR is that they provide these to you and not the other way round. If they do not have these then what is the basis of their claim against you? Copy that letter to the solicitors.

[She-Ra]

I've just received a notice of claim from BW in the post today, and the court papers.
I'm officially really worried, what do I do next?!

[ostell]

So to the solicitor denying any responsibility for the alleged charges. Ask for any and all documentation that they intend to rely on in court and point out that their client has failed to respond to the SAR request and as they have no information then how can they have any documentation for a claim.

You can also report the breach of the SAR request tothe ICO.

[She-Ra]

Hi Ostell,
I sent all that to BW and have now received the following info attached. It's still unclear? What should I do?

[charitynjw]

BWL are all bluff & bluster.

However, in your post #8 you state
I've just received a notice of claim from BW in the post today, and the court papers.

Did you receive an official court claim form (form N1) from Northampton County Court Bulk Centre?

It would look something like
https://assets.publishing.service.go...390/n1-eng.pdf

& would have a claim number, issue date & court seal stamped in the round circle near the top right-hand corner.

Example
https://legalbeagles.info/library/guides_and_letters/

(scroll down to "So.....is it a real claim?")

[ostell]

I haven't in all those documents come upon anything that looks like a Notice to keeper.

[She-Ra]

Hi, yes I did receive court papers, but did not complete them, and I've no idea how to really.
today I came home from work to another letter from them. See attached.
I'm not sure what to do now? There's no way I want to pay all that money they are claiming! I've never not brought a parking ticket in my life.

[Amethyst]

If you can log in to moneyclaim online using the details on the court form and see if it still open for you to acknowledge the claim with intent to defend in full can you do so pls and let us know. You are at risk of a default judgment - it might already have been requested but you won't know till you log in to the site.

[charitynjw]

Amethyst

Exactly the same type of demand as the one on post #8.......7 weeks ago.
If a county court claim has been applied for/issued, I'm a Dutchman!
I don't know whether you can check at Northampton CCBC without a claim issue number
Money Claim Online (MCOL): 0300 123 1057 is the obvious place to start.
None of that so-called 'evidence' has any legal merit.
The closest to a decent notice to keeper is the one on post #10 (expand the 6 'photos.)
& that's out of date for the Protection of Freedoms Act 2012 Sch 4 s9. (Notice to keeper via post only - 14 days)
If the parking co claim that a windscreen PCN was issued firsr, then it is to soon!

Protection of Freedoms Act 2012 Sch 4 s8

(4)The notice must be given by—

(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given.

(ie no sooner than day 29 after issue of the windscreen PCN, but no later than day 56.)

Nb...2016 was a leap year.

http://www.legislation.gov.uk/ukpga/...dule/4/enacted



The only way that the parking co can chase these is possibly via contract law (as opposed to legislation - PoFA 2012.)

& for that they would have to be given the name(s) of the driver(s). (PoFA 2012 allows for transfer of liability, under certain conditions, from the driver to the registered keeper. Contract law doesn't!)

I won't tell them if you don't!

Seriously, in any communication you have with the parking co, be careful to say 'the driver did [xyz], the registered keeper received [abc] documents etc'
Do not name who was driving.