• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Parking charge notice letter of claim received what now?

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Parking charge notice letter of claim received what now?

    Hi,
    My vehicle was parked for 20 minutes in an area with free parking for 1 hour (if registering plate on an app).
    I then received a PCN for £60, so I appealed on several grounds:
    - lack of signage (nothing at the entrance of the car park area, small signs not clearly visible otherwise)
    - disproportionate charge, as the car was parked for 20 minutes and that first hour is normally free, after that it is £1 per 30 minutes)
    - ample parking spaces available
    My appeal was rejected and I then left it, I did received a few letters ordering to pay but I ignored them.
    I was not the driver and the driver has not been identified yet.
    This was in October 2019 and now i have received a Letter of Claim from BW Legal.
    The letter of claim says I have one month to pay or it goes to County Court. It also has a form asking if I owe the debt, If I dispute it etc.

    The car park is at the bottom of residential flats in a newish development, there are no signs as you enter the area to say you have to pay but there are a couple of small signs inside the car park but they aren't noticeable in my opinion, they don't pop and aren't large enough and too high). I think the driver just didn't see them.
    The car park was pretty much empty at the time.
    The signs say to register on an app to get the first hour free car park or use a ticket machine but there are no ticket machine nearby as far as I can see.
    Timestamps on their pictures show 10 minutes stay.

    Just wondering what the next steps are?
    I've read I could ask BW Legal and the PCN issuer for SAR to request all the info they have on the case, but is there any point to this as I can already see several pictures of my car with timestamps on their site?

    I've also read I should make an appeal on Popla?

    And what about identifying the driver, would that reset the clock and allow to pay the reduced fine?
    Tags: None

  • #2
    They would love you to name the driver and they would just continue with a change of name. But it would get the claim out of your hair.

    Post up the NTK, suitably redacted, and photos of the signs. If the signs can't be seen in the dark, and the parking was at night, then take them without flash

    it's too late to make an appeal to POPLA

    Comment


    • #3
      Thanks for the reply,
      unfortunately the sign is visible just not very noticeable and this was during the day.

      The driver is related to myself and the money will come out of the same pot, so you don't think there is no advantage to clarifying the driver?
      I've added attachments.
      Attached Files

      Comment


      • #4
        On this occasion it may worthwhile to name the driver and reset everything. The driver may get a chance to appeal again.

        So send the name and address of the driver. They will probably object and say it is too late but it is not

        was the parking totally during the times of parking charge?

        Comment


        • #5
          Shall I name the driver to the pcn issuer or bw legal?
          We can't see how much the car park was full but i suspect less than 50% it was during the week mid morning.
          I just feel their system is just completely unfair, you don't see the sign for a 20 minute error then boom you get £100 fine which is a lot of money for a working family. Especially considering parking is free there anyway.

          Comment


          • #6
            Nobody said private parking was fair.

            Send to BWL and copy the parking company. Also state that as POFA schedule4 5 (1) (b) no longer applies then you, as the keeper, can no longer be held liable for the charge.

            Notification has to be given before they start a court case

            Comment

            View our Terms and Conditions

            LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

            If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


            If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
            Working...
            X