Notice to Keeper not received but debt collector chasing

[Guest]

Hi,

I have recently received a letter from BW legal on behalf of Premier Parking Solutions stating an alleged delayed payment on entry contravention.

They have stated that as I have not appealed as per the internal appeals procedure that the parking charge notice is £100 plus £60 to recover the debt (total £160). I did not receive a PCN on my vehicle at the time nor have I received a Notice to Keeper or any follow-up letters. With these unprecedented times, the Mail service has not been as reliable as it has been previously and I have other Mail that has been lost or received up to 8 weeks late.

I have a valid ticket from 8.04am but unsure what time I entered the premises. The car park only permits parking via RingGo, therefore it does not let you amend the start time to an earlier time that when you are processing the payment.

I would have only likely have been parked for an hour or less, therefore whilst I may not dispute the contravention; the charge is disproportionate and seems to be a penalty. Parking for 1 hour is £1.25, therefore £100 seems excessive and unfair. Had I received this notice I would have appealed. Now I have no option as they have passed this to their legal representatives to recover the debt.

They are a member of IPC so I am just wondering my options and any assistance that could be provided would be much appreciated. The alleged contravention was on 12th November 2020 and BW legal sent a letter on the 23rd December 2020 which I responded to immediately upon receipt on 31st December 2020.

Can anyone help as £160 seems ridiculous.

Thanks in advance.

kind regards

L

[MIKE770]

ostell

[ostell]

Get the admins to rewrite the text so that the identity of the driver cannot be inferred. You cannot do it as a guest.

SAR to Premier Park to get all the details they hold about you and your car.

Letter to BWL stating that this is the first you have heard about this matter and as such their client has failed to deliver a Notice to Keeper within the relevant period required by para 9 (4) of Schedule 4 of the Protection of Freedoms Act 2012 and therefore you, the keeper, cannot be held liable for the actions of the driver at the time. They must return this to their client.

[Lauren009]

Hi Ostell,

Thanks for your help, I will call BW tomorrow and state the above. It is likely that they will say that the Notice was sent but how can they prove that I have received this? Is their any guidance on if I should’ve received a follow-up letter before it being referred to a debt collector or anything to support my argument? I am worried it will be a he said / she said scenario and neither being able to prove our argument and with their legal knowledge being better than mine use scaremongery to strong arm me into paying?

I do not want this to affect my credit rating if this is taken even further. When I spoke with them before they said that they had to evidence that I was parked from 7.05am so I was therefore parked without a ticket for just under an hour which if true I will not dispute but by admitting this am I accepting the charge because the cost is excessive and what I do not agree with.

kind regards,
L

[ostell]

No telephone calls, all in writing, they have more experience than you and you could let things slip

Edit your post so that the identity of the driver cannot be inferred. Use "the driver ....." etc. The driver drove and parked, the keeper received the letter and is handling

[Lauren009]

Hi Ostell,

Further to the above, I am yet to receive any progress with my case and PPS dismissing the PCN.

it has been nearly 8 weeks and when I chase they say they are waiting for their client to review. Is there any timeframe that they have to review this as I feel this is being unnecessarily prolonged?

[ostell]

No time frame, but dont poke them