Britannia Parking / BWLegal - PCN Advice

[RSG1997]

Hello All,

Please if someone could help it would be greatly appreciated !

I am unsure what to do and how to proceed in terms of dealing with the below letters i have received in regards to staying over the time stated in a car park back in January.

I have read about how Britannia can be and that a PCN is something that isn't enforceable by Law and is only an invoice. Others have said to avoid and ignore the previous charges that have been sent to me to pay the ticket because it is only a scare tactic for them to milk money out of people, saying it will cost them more to take me to court and that i will be fine however a new letter has appeared from BWLegal saying i need to pay £160 now in 14 days otherwise they will refer to their client for a CCJ to be issued and a Court Proceeding with a Letter of Claim pursuant to the Pre-Action protocol .

Is this something i would be safe to ignore or will i have to defend sooner than later because i rather not have this looming in the back ground as added debt as i am already trying to pay back more important offers and cannot be dealing with forking out money towards something i find unjust.

My knowledge on Law , court proceedings etc. is non existent and as only being 21 i am worried i will be swindled or pressured on the spot by more experienced people wrapping their tongues and words around me if it went to court, meaning i want to arm myself with a strong defence or understanding to back myself and if possible stop it before it even escalates that far.

From what i have read before from others with similar issues the advice has been to send a SAR email to Britannia and an email to BWLegal but my worry is if i did this independently without the knowledge or confirmation how would i defend something i wouldn't understand.

All advice would be of great help,

Thank you

[ostell]

That letter is just a frightener. With a letter before claim they have to give you 30 days. They are also miss informing you about costs, costs in the Small Claims Court are limited and their initial legal costs are not amongst them.

So edit your post so that the identity of the driver cannot be inferred Use "the driver........." etc

Post up a redacted copy of the original PCN received but leave dates.

Yes, these invoices can be enforced and best not to be ignored

[RSG1997]

Thank you very much for the advice, how would i go about deleting the post to reupload ? Sorry i am new to this forum appreciated !

I will make a defence appeal against them asking for evidence and such

[charitynjw]

Thank you very much for the advice, how would i go about deleting the post to reupload ? Sorry i am new to this forum appreciated !

I will make a defence appeal against them as The Driver asking for evidence and such

Bottm left-hand corner of your post #1.....Edit.

[ostell]

YOU DO NOT DO ANYTHING AS THE DRIVER it is all done by the keeper Edit your above post and remove that line.

To make changes just click on the "Edit" button to the right in the blue line at the bottom of your post.

Post up the PCN, as requested, so that people can help you

[RSG1997]

Sorry i meant the Keeper, thank you, there are no copies of the PCN i received however it would be similar to this with a final reminder being sent after. I did not have control of keeping the letters at the time.

[ostell]

If that is not the original PCN received then what is the point of posting it up?

That PCN you posted does not comply with the requirements of POFA to be able to hold the keeper liable, in at least 2 places.

[RSG1997]

Sorry, the one there is written in the same manner. In that case does that mean it wont hold up and should i appeal back and dispute this, making a point of the POFA ?

[charitynjw]

Hi
I do agree with ostell
We need to see details pertaining to the relevant PCN.
The example you have given on post #6, while it may look similar to the one recently received, is dated 2014.
Obviously, much has happened since then.

One thing you could tell us....was the first notice a windscreen ticket, or was it a via ANPR with a subsequent first notification by post?

& apologies for 'harping on', but it is extremely important that the ID of the driver at the time is not revealed.

[RSG1997]

Hi

It was via an ANPR with notification coming by post around two weeks after the incident.

It is okay i appreciate it as i was unaware thank you

[charitynjw]

Hi
It was via an ANPR with notification coming by post around two weeks after the incident.
It is okay i appreciate it as i was unaware thank you

No probs.

Obviously it's going to be difficult making an initial (& for that matter, subsequent) appeal.

I would hazard a guess that both those recent letters were produced & sent by the same entity. (Nothing illegal about that, but it does rankle somewhat when they try to pretend differently!)

Complete & return the Pre-Action Protocol response form to BWL,
Tick box D - dispute debt.
Tick box I for further info.
Ask for
A copy of the postal PCN
A copy pic of the relevant site signage & a map of same showing the sign locations.
A copy of the agreement between the landowner/authorised agent & Britannia.
Any pictures of the parked vehicle
Any other documentation which they would rely on in court in order to prove their assertion

That'll give you a few week's breathing space.

In the meantime, get your own pics of the site signage so that you can compare with what they send you.

Don't worry about the I&E form.

[ostell]

The "around 2 weeks" is, unfortunately insufficient. If it it more than 14 days then they cannot hold the keeper liable, only the unknown driver.

So now is the time to send a SAR request to Brittania and get all the documents that they have with your name on them. Hopefully the original PCN will turn up

[charitynjw]

The "around 2 weeks" is, unfortunately insufficient. If it it more than 14 days then they cannot hold the keeper liable, only the unknown driver.

So now is the time to send a SAR request to Brittania and get all the documents that they have with your name on them. Hopefully the original PCN will turn up

Good idea. ostell

If it were me I'd send both the PAP & a SAR.

[RSG1997]

Thank you so much, before i send this to them would the below be okay via email?

As their online portal does not allow me to register and is not working,


Dear BW Legal,

This email is in response to the letter i have received dated 5th March 2019, in regards to a "Balance Due" for a Parking Charge Notice made up of a £100 PCN Charge and your Clients apparent initial legal costs of £60.00.

I am disputing any charges you demand me to pay to Britannia Parking Limited and will defend myself as the Keeper of the vehicle as i find the predatory nature you ensue as unjust.

In your letter, you detail Britannia Parking Limited claiming to have sent a PCN for parking longer than the maximum time permitted on 8th January 2019. I am stating that i have not received any previous contact before in regards to the PCN and this is something that i am unaware of, your dealings are the first i have come across to know about the charge. If i had received the correspondence from Britannia Parking Limited in the first instance I would have replied explaining why your client’s request for payment is without merit.

There will be no admissions as to who was driving and no assumptions can be drawn. I require ALL photos taken and an explanation of the allegation and your evidence, i.e.:


1. An explanation of the cause of action
2. Whether they are pursuing me as driver or keeper
3. Whether they are relying on the provisions of Schedule 4 of POFA 2012
4. What the details of the claim are; where it is claimed the vehicle was parked, for how long, how the money being claimed arose and has been calculated
5. Is the claim for a contractual breach? If so, what is the date of the agreement? The names of the parties to it and provide to me a copy of that contract.
6. A picture and a map showing where any signs were displayed
7. Details of the signs displayed (size of sign, size of font, height at which displayed)
8. Provide details of the original charge, a copy of previous letters sent and dated, and detail any interest and administrative or other charges added
9. A copy of the agreement between the landowner/authorised agent & Britannia.
10. Any pictures of the parked vehicle

I also request you BW Legal a Subject Access Request.

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.

Until your client has complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for your client to issue proceedings. Should your client do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided.

[ostell]

The SAR is to Brittania. There is a template on this site