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I've recently received a letter before claim from BW Legal acting for Premier Park. The claim is for an unpaid PCN issued in 2019 for overstaying the 3 hour free period in a retail park. Ive SAR'd the claimant and PAP'd the solicitors. Response to the latter came through by email on Friday and includes the attached PCN and signage. I don't think there is much to challenge really, but there are a few discrepancies:
1. I was the hirer not the keeper as stated in their email.PCN is correct though.
2. One of the photos shows a machine located inside the Costco warehouse where you can enter your registration number for additional free parking time. I would swear blind that this didn't exist at the time of the 'breach'. Making me suspicious that the photos were all taken after the date in question. I did email the manager at Costco asking when the machine was installed, but I didn't get a response so I will have to try again - they did say that they could have got the PCN cancelled if I had contacted them earlier, so I think they are sympathetic.
I'll admit to not having handled this as well as I should and its now at the point where a claim form could drop on my doormat at any moment. Ive be grateful of someone could cast their eye on this case and let me know if there are any reasonable grounds for a defence - I'm happy to defend the claim but don't want to waste the effort on a lost cause, so I'd be equally happy to make them an offer
Email from BW Legal
Good Afternoon
Thank you for your recent email, the contents of which have been noted on file.
Please find the evidence, related to this matter, attached. This file is password protected with the vehicle registration involved – all capitals, no spaces. We recommend opening this folder on a desktop device as some handheld devices may be incompatible.
Our Client's cause of action is that you breached the Terms and Conditions of the contract which you entered into by parking your vehicle in the car park, by exceeding the maximum stay period.
Our Client is pursuing you as the Registered Keeper of the vehicle under the Protection of Freedoms Act 2012.
The vehicle was observed at Capital Shopping Park car park on 25 May 2019. The vehicle was observed by the Automatic Number Plate Recogniton cameras (‘ANPR’) entering the site on at 14:51 and leaving at 18:12 – a total stay time of 3 hours and 21 minutes.
Upon entering the Car Park, the signage in situ (i.e. the "offer") made clear the terms and conditions associated with parking on the private land. By your action of entering the Car Park, and remaining there in excess of the grace period, it is our Client's position that your actions were tantamount to an acceptance of the terms and conditions. It is our Client's position, therefore, that you did enter into a contract with our Client, and are therefore liable for any consequences of breaching the same. If you did not agree to the terms and conditions, you should have vacated the Car Park within the grace period. You evidently did not do this, and therefore our Client is satisfied that you remain liable for the PCN.
The signage in situ states: ‘Mobile patrols/camera enforcement in operation, Private Land, Maximum stay period applies…See additional signs for full details…Maximum stay 3 hours…Capital Shopping Park customers only… If you enter or park on this land contravening the terms and conditions displayed, you are agreeing to pay: Parking Charge Notice (PCN) £90.’
Please find images of the signage, displayed in situ, attached. We have also included a signage plan of the signage on site.
Your vehicle was observed remaining on site for a period of 3 hours and 21 minutes, exceeding the maximum stay time displayed on the signage in situ and as this breached the terms and conditions of parking, a PCN was issued to you. It is entirely your responsibility to ensure your vehicle is removed from site within the maximum stay period, or that your vehicle registration is added to our Client’s whitelist to authorise additional time for your vehicle.
On the date of contravention, our Client requested the details of the Registered Keeper from the DVLA and were returned with your name and current address. Our Client wrote to you as such on several occasions to notify you of this matter and provide you with the opportunity to appeal. Under Schedule 4, Paragraph 9 (6) of the Protection of Freedoms Act 2012, these Notices can be presumed delivered to the address provided by the DVLA, unless corroborative evidence to the contrary can be provided, and our Client is satisfied you would have received these Notices as a result.
Our Client provided you with the opportunity to appeal this matter with them within 28 days, however no appeal was ever received. As no payment was made, this matter was passed to ourselves to collect the balance on behalf of our Client.
The time frame in which to appeal this matter has elapsed and the full balance remains due and owing. Please conatct us to make a payment proposal for the outstanding amount.
Should you have any queries please contact our office on 0113 487 0432, or alternatively sign in or register on our Online Customer Portal at www.bwlegal.co.uk.
Kind Regards,
bwlegal®
1. I was the hirer not the keeper as stated in their email.PCN is correct though.
2. One of the photos shows a machine located inside the Costco warehouse where you can enter your registration number for additional free parking time. I would swear blind that this didn't exist at the time of the 'breach'. Making me suspicious that the photos were all taken after the date in question. I did email the manager at Costco asking when the machine was installed, but I didn't get a response so I will have to try again - they did say that they could have got the PCN cancelled if I had contacted them earlier, so I think they are sympathetic.
I'll admit to not having handled this as well as I should and its now at the point where a claim form could drop on my doormat at any moment. Ive be grateful of someone could cast their eye on this case and let me know if there are any reasonable grounds for a defence - I'm happy to defend the claim but don't want to waste the effort on a lost cause, so I'd be equally happy to make them an offer
Email from BW Legal
Good Afternoon
Thank you for your recent email, the contents of which have been noted on file.
Please find the evidence, related to this matter, attached. This file is password protected with the vehicle registration involved – all capitals, no spaces. We recommend opening this folder on a desktop device as some handheld devices may be incompatible.
Our Client's cause of action is that you breached the Terms and Conditions of the contract which you entered into by parking your vehicle in the car park, by exceeding the maximum stay period.
Our Client is pursuing you as the Registered Keeper of the vehicle under the Protection of Freedoms Act 2012.
The vehicle was observed at Capital Shopping Park car park on 25 May 2019. The vehicle was observed by the Automatic Number Plate Recogniton cameras (‘ANPR’) entering the site on at 14:51 and leaving at 18:12 – a total stay time of 3 hours and 21 minutes.
Upon entering the Car Park, the signage in situ (i.e. the "offer") made clear the terms and conditions associated with parking on the private land. By your action of entering the Car Park, and remaining there in excess of the grace period, it is our Client's position that your actions were tantamount to an acceptance of the terms and conditions. It is our Client's position, therefore, that you did enter into a contract with our Client, and are therefore liable for any consequences of breaching the same. If you did not agree to the terms and conditions, you should have vacated the Car Park within the grace period. You evidently did not do this, and therefore our Client is satisfied that you remain liable for the PCN.
The signage in situ states: ‘Mobile patrols/camera enforcement in operation, Private Land, Maximum stay period applies…See additional signs for full details…Maximum stay 3 hours…Capital Shopping Park customers only… If you enter or park on this land contravening the terms and conditions displayed, you are agreeing to pay: Parking Charge Notice (PCN) £90.’
Please find images of the signage, displayed in situ, attached. We have also included a signage plan of the signage on site.
Your vehicle was observed remaining on site for a period of 3 hours and 21 minutes, exceeding the maximum stay time displayed on the signage in situ and as this breached the terms and conditions of parking, a PCN was issued to you. It is entirely your responsibility to ensure your vehicle is removed from site within the maximum stay period, or that your vehicle registration is added to our Client’s whitelist to authorise additional time for your vehicle.
On the date of contravention, our Client requested the details of the Registered Keeper from the DVLA and were returned with your name and current address. Our Client wrote to you as such on several occasions to notify you of this matter and provide you with the opportunity to appeal. Under Schedule 4, Paragraph 9 (6) of the Protection of Freedoms Act 2012, these Notices can be presumed delivered to the address provided by the DVLA, unless corroborative evidence to the contrary can be provided, and our Client is satisfied you would have received these Notices as a result.
Our Client provided you with the opportunity to appeal this matter with them within 28 days, however no appeal was ever received. As no payment was made, this matter was passed to ourselves to collect the balance on behalf of our Client.
The time frame in which to appeal this matter has elapsed and the full balance remains due and owing. Please conatct us to make a payment proposal for the outstanding amount.
Should you have any queries please contact our office on 0113 487 0432, or alternatively sign in or register on our Online Customer Portal at www.bwlegal.co.uk.
Kind Regards,
bwlegal®
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