Letter of Claim

[Sandy1915]

No explanation for the additional £160 at all but the SARs response from UK Parking Patrol Office Ltd, I can see that there is a PCN of £100 plus Debt Recovery Charge of £50. This would mean a total due £150 x 4 =£600!

But what I find interesting is the lack of evidence for signage in 3 out of the 4 charges. There is no evidence that the car was parked in restricted area!!

[Sandy1915]

No letters explaing the extra £160 but under the SARs response from UKPO, I can see breakdown of £100 PCN Charge plus £50 Debt Recovery Charge which would add up to £150 x 4 = £600!

What I find most interesting is that only one response from bwlegal contains picture evidence of the parking offence. The others are of the car only without Parking notices.

[Sandy1915]

Apologies, I wasnt sure I had posted the 1st reply hence the repeat.

[ostell]

Must look back before asking questions!

[Sandy1915]

Should I consider negotiating a settlement? Going to Court will save me some money but settling out of Court without prejudice sounds tempting.

[ostell]

You could make an offer

hint that they have failed to fully comply with the requirements of POFA on both the Notice to Driver and the Notice to Keeper in that neither includes the required period of parking. They have also failed comply with the requirement of POFA 4 (5) by attempting to claim more than is allowed by the Act.

You are prepared to offer xxx in full and final settlement on the basis that they cannot claim their costs from you and settling will reduce those unclzimable costs.

Say £300?

You must find out what the signs actually say

[Sandy1915]

Thank you for your advice ostell. The only picture of a sign is below as car parked in different locations for other tickets.
For the other 3 tickets, I only have their word that the car was parked in an unauthorised location.

[ostell]

Consider this:


The signage in the car park is of a “forbidding” nature. It is limited to cars displaying a valid permit only and therefore the terms cannot apply to cars without a permit because the signage does not offer an invitation to park on certain terms. The terms are forbidding. This means that there was never a contractual relationship. I refer you to the following case law: PCM-UK v Bull et all B4GF26K6 [2016], UKPC v Masterson B4GF26K6[2016], Horizon Parking v Mr J C5GF17X2 [2016] – In all three of these cases the signage was found to be forbidding and thus only a trespass had occurred and would be a matter for the landowner.

[Sandy1915]

Oh Lol! Bwlegal have responded to my letter requesting more information. They have attached pictures of various random signs from around the area with no date/time stamps in an attempt to satisfy my demand for evidence of parking infringement/trespass!

I will frame a reply using your comment above and seeing that its only one car where they can give me evidence of trespass, I may make them a small offer.

Btw, all 4 PCNs are now almagamated at my request to minimise court costs.

Otherwise, Its best to await court action.

Meanwhile, I will readup about UK v Bull, UKPC v Masterson..

Very grateful.

[des8]

Don't make an offer.... if you are not careful it might be construed as an admission

[Sandy1915]

Thank you, point noted. Will not make an offer.

[Sandy1915]

I have had a response. They essentially disagree with my 'Forbidding Signs'. I'm unsure how to proceed here.
Hope the pictures are clear enough.

[ostell]

They can disagree as much as they like.

[Sandy1915]

Could you recommend words to the effect "see you in court" please?