Britannia/BW ANPR PCN PAPLOC now Claimform - Quayside Poole

[hamadryad]

Hi all,

 

Today I got a letter from BW legal saying that their client 'Britannia Parking Group Ltd has instructed them to act because 'I failed to make a valid payment'

 

Apparently I parked at Poole - Quayside Poole on 17 Aug 2021

 

I was not issued a parking notice by anyone, and I have never been contacted by anyone previously.

 

Do I have to pay the supposed £160, even with their payment plan of £15/month, or just tell them to go do one!

 

H

 

BW Letter.pdf

[honeybee13]

Hi.

 

Can you turn that the right way up for us please?

 

HB

[dx100uk]

pdf rotated

please complete this

 

dx

 

[FTMDave]

Yes, please complete the forum sticky.

 

It's very strange that you haven't received any correspondence previously.  You haven't moved since August, have you?  Your V5C is up to date, right?

[hamadryad]

I’ve been there for over 5 years, and yes all my car docs are up to date. 

 

1 Date of the infringement 17 Aug 2021
  

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 01 Nov 2021 
 

3 Date received 04 Nov 2021
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] NO
 

5 Is there any photographic evidence of the event? NO
 

6 Have you appealed? [Y/N?] post up your appeal] NO
 

Have you had a response? [Y/N?] post it up NO

 

7 Who is the parking company? Britannia Parking Group Ltd t/a Britannia Parking

 

8. Where exactly [carpark name and town] Poole – Quayside Poole
 

For either option, does it say which appeals body they operate under. NO

[FTMDave]

Although Britannia are morons, they do actually usually manage to send out their PCNs.

 

Personally I would SAR them so you can get to the bottom of what went on in August.

 

As for BW Legal's silly letter, it's not a Letter Before Claim, so you don't need to go anything, just ignore it.

[hamadryad]

Thank you. I’ll send an Sar to bw. 
 

H

[FTMDave]

No, not to BW.  They are just bunged a few quid to send a couple of threatening letters.

 

Your dispute is with Britannia, they have the info you need.  Send them the SAR and get a free Certificate of Posting from the post office.

[hamadryad]

Ok. Will do in the am. 

[FTMDave]

It also crosses my mind that Poole Quayside may be administered by bye-laws that will trump any old rubbish a private company dream up.  Look into this as well.  Have a look in this forum and on the wider web.  Find out if where you were parked is in the Poole Port bye-laws area.

[hamadryad]

I’ve checked them out. They are known to scam people. It’s a ‘private’ car park!

[FTMDave]

We haven't understood each other.  What I meant is this.

 

Say you see someone you recognise vandalising road signs in the street where you live.  You send them a letter saying you're fining them.  They would laugh at you.  You're not the police, the council or the courts, you have no power to issue fines.  The correct procedure would be to involve the police, for the person to be prosecuted in the Magistrates' Court and for a fine to be paid to the state.

 

Similarly, airports, train stations and ports are invariably subject to bye-laws.  Traffic offences should be prosecuted in the Magistrates' Court.  A private company have no power to issue their own charges where there are bye-laws in place.

 

At the moment nothing is happening to you save having to open letters with bilge written inside but it's possible that later on Britannia might go in the direction of court.  The more info you can build up to undermine them the better.  So one important step is to do some digging and find out if the car park you were in is inside the bye-laws area. 

 

 

 

[Homer67]

Parking event in August and NTK in November is that right?

 

If so it's way out of time to create keeper liability.

[FTMDave]

The OP has never received a PCN, I think the November date refers to getting a "threatening" letter from BW Legal.

[hamadryad]

The letter demands payment by 16 Dec.

The date of the so-called infringement is 17 Aug 2021

The date of the letter, (and first contact), is 01 Nov 2021

 

There is a lot of time in the interim!

Surely there is a limit to when they can pursue things?

 

I'll send an SAR anyway though.

 

H 

[dx100uk]

No they have 6 yrs if the ntk is fully compliant

[hamadryad]

SAR will go on Monday now.

 

Cheers all,

 

H

[hamadryad]

Well!

 

Attached is what Britannia have sent back.

Since I pay my road tax by direct debit, and my licence has my current address on it, I'm assuming that this is just delaying tactics & I can respond appropriately, and tell them no, the 28 days still stand.

 

H 

 

sar reply want ID proof.pdf

[dx100uk]

So since the 'offence' you have moved?

 

Dx

[hamadryad]

No. Definitely not.

I've been here  for 5 1/2 years and its the address held by dvla, I just checked.

 

H

[dx100uk]

Send them a copy of your ctax bill

[hamadryad]

Ctax is in my partner's name.

I do have a copy of my electoral roll registration though.

 

H

[dx100uk]

Just prove who you and where you are

 

Dx

[FTMDave]

Any update on the bye-laws issue?

[lookinforinfo]

Write to the DVLA and ask when Brittania asked them for your details and what address they gave.  You will find a template letter in the sticky section of Private land and Enforcement .