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Claim PCN
Hi,
I was issued a parking charge notice in NOV-2015 for 'failed to make valid payment' and images showing a car registered in my name entering and leaving a private car park over a period of an hour and a half. The PCN was issued by Britannia Parking and through some initial internet based research of my own it looked appropriate to ignore paying the charge of £85.
I received another letter for a final request of payment a little while later and then no correspondence for years. Late last year I have received another request for payment from BW Legal this time and the potential for the case to be taken to court if a, now increased, charge was not received. I responded with the following via email directly to BW legal.
'Re claim account number: XXXXXXX
I dispute your 'parking charge', as the keeper of the vehicle mentioned in your letter dated XXXX XXXXXXX 2018. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.
There will be no admissions as to who was driving and no assumptions can be drawn. Since your letter is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence, i.e.:
- If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.
- If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end.
- in all cases, you must include a close up actual photograph of the sign you contend was at the location on the material date.
Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.'
Yours faithfully,
XXXXXX
They have now responded with,
'Good Morning
Thank you for your recent email, the contents of which have been noted on file.
Having viewed the contents of this letter we note that large parts, if not all, are templates which are readily available on the internet and templates we have seen many times before. Such templates only seek to frustrate the process and we are disappointed that this is the stance you have chosen to take.
Please find enclosed a copy of all correspondence issued by our Client and photographic evidence of the vehicle at the location of the contravention. We can confirm that the Parking Charge notice was issued correctly and it is the responsibility of the motorist to abide by the Terms and Conditions.
Whilst we note you have sent in a letter which is based on templates from the internet, we would ask that you contact our office to discuss an amicable way forward in this matter and look forward to hearing from you within 14 days of receiving this letter.
Please contact us on XXXXXX'
BW Legal have not sent details of the payment machine used or images of the signage. Instead just the initial images received in 2015 of a car registered in my name entering and leaving at the time indicated on the PCN (of which the number plates are illegible, but accompanied by a single close up image of the number plate at an alternative angle) I guess my question is how best to take this forward, I have no evidence to submit due to the time elapsed since the initial PCN but do not wish to pay the now exorbitant amount requested to park for an hour and a half.
Is this the end of the line? should I pay the PCN and added charges. I realise this is a common topic but most other examples I have found have evidence of a defense against paying the PCN. Any help on the matter would be greatly appreciated.
Regards,
Da123
I was issued a parking charge notice in NOV-2015 for 'failed to make valid payment' and images showing a car registered in my name entering and leaving a private car park over a period of an hour and a half. The PCN was issued by Britannia Parking and through some initial internet based research of my own it looked appropriate to ignore paying the charge of £85.
I received another letter for a final request of payment a little while later and then no correspondence for years. Late last year I have received another request for payment from BW Legal this time and the potential for the case to be taken to court if a, now increased, charge was not received. I responded with the following via email directly to BW legal.
'Re claim account number: XXXXXXX
I dispute your 'parking charge', as the keeper of the vehicle mentioned in your letter dated XXXX XXXXXXX 2018. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.
There will be no admissions as to who was driving and no assumptions can be drawn. Since your letter is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence, i.e.:
- If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.
- If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end.
- in all cases, you must include a close up actual photograph of the sign you contend was at the location on the material date.
Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.'
Yours faithfully,
XXXXXX
They have now responded with,
'Good Morning
Thank you for your recent email, the contents of which have been noted on file.
Having viewed the contents of this letter we note that large parts, if not all, are templates which are readily available on the internet and templates we have seen many times before. Such templates only seek to frustrate the process and we are disappointed that this is the stance you have chosen to take.
Please find enclosed a copy of all correspondence issued by our Client and photographic evidence of the vehicle at the location of the contravention. We can confirm that the Parking Charge notice was issued correctly and it is the responsibility of the motorist to abide by the Terms and Conditions.
Whilst we note you have sent in a letter which is based on templates from the internet, we would ask that you contact our office to discuss an amicable way forward in this matter and look forward to hearing from you within 14 days of receiving this letter.
Please contact us on XXXXXX'
BW Legal have not sent details of the payment machine used or images of the signage. Instead just the initial images received in 2015 of a car registered in my name entering and leaving at the time indicated on the PCN (of which the number plates are illegible, but accompanied by a single close up image of the number plate at an alternative angle) I guess my question is how best to take this forward, I have no evidence to submit due to the time elapsed since the initial PCN but do not wish to pay the now exorbitant amount requested to park for an hour and a half.
Is this the end of the line? should I pay the PCN and added charges. I realise this is a common topic but most other examples I have found have evidence of a defense against paying the PCN. Any help on the matter would be greatly appreciated.
Regards,
Da123
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