Show Posts - tobesb

Thank you b789. Yes it was a dumb moment by myself to trust my computer calendar to do a reminder. Lesson learnt!So I telephoned BW Legal. The employee said they don't have an email for contact. LIE. Found this one on MoneySavingExpert: disputeresolution@bwlegal.co.ukIt works too. here's the reply. Posting this here in case anyone else runs into this issue about contacting them. I'll let you know how I get on.Best wishes,TobesThank you for contacting BW Legal.Your email has been received and will be dealt with as soon as possible.Service of any court documents can be sent to disputeresolution@bwlegal.co.uk provided that the name of the court document is in the subject header, followed by the parties names [eg: Witness Statement: ABC v XZY].Before we are able to reply we need you to confirm a few Data Protection Questions which we have specified below.If your email does not contain the below information, we kindly request you resend your email with the required information to enable us to deal with your query effectively.BW Legal Reference:Full Name:First Line of Address:Postcode:Date of Birth:Telephone Contact Number:Authorised Email Address:Confirmation you wish for us to correspond with you via this address (Yes/No):We make no commitment to response times on this general email account. Therefore, if you consider your matter is urgent, or should youwish to discuss your account with one of our helpful representatives today, you can call our offices on 0113 323 3021 and we will be happy to help.Please be advised that our standard opening hours are: Monday- Friday8am – 4pmAlternatively, you can also manage your account online by utilising our customer portal at www.bwlegal.co.uk and clicking on the customer login link to set up your account online. Our Customer Portal provides you with the functionality to speak to us by webchat, raise a query, complete your income and expenditure, make a payment or set up an affordable payment arrangement at your convenience.BW LegalThe above address is the office of BW Legal Services Limited (t/a BW Legal) which is a company registered in England and Wales under Company Registration No: 07966978. BW Legal is authorised and regulated by the Solicitors Regulation Authority (569773).Authorised and Regulated by the Financial Conduct Authority in respect of consumer debt collection under Reg No: 619068Copyright in this message and its attachments remains with us. Their contents are confidential and may be legally privileged. They are intended solely for the person to whom they are addressed. If you are not the intended recipient, please notify the sender, and delete the message from your system immediately. You must not read, copy or use the contents of the email nor disclose it or its existence to anyone else.Please note that communication by email is not guaranteed as 100% secure. If you wish to guarantee confidentiality, we recommend the use of personal delivery or fax communication. We do not accept responsibility for loss of confidentiality arising from use of email.Although we have checked this email for viruses, it is not guaranteed to be virus free and it is your responsibility to scan the message and attachments prior to opening them.We do not accept any responsibility for the consequences of passing on any virus.Dispute ResolutionDepartment Opening Hours 08:00-16:00 (Monday to Friday)bwlegal.co.ukEnterprise House, 1 Apex View, Leeds, LS11 9BH

Hello all. I have only 2 days left to reply. What should I do? I was parked on a visitors box! So on the BW Legal Reply form, I plan to tick Box D in Section 1 (I dispute the debt). I will then fill it out saying:I dispute the debt because 1. No Period of Parking Stated and No Evidence of Contract Formation and2. Incorrect Wording Regarding the 28-Day Period.Then in 'Section 4: What documents are you sending with this form? What information do you need?'I'm presuming I send the quoted text that b789 kindly provided in reply #9:QuoteSubject: Keeper Appeal – Charge Notice 987187 (Vehicle DF14KYP)Dear Sir or Madam,I am the Registered Keeper of vehicle registration DF14KYP regarding your Charge Notice 987187.Your Notice to Keeper is fundamentally non-compliant with the Protection of Freedoms Act 2012 (PoFA), Schedule 4 and no contract could have been formed with the driver, for the following reasons:1. No Period of Parking Stated and No Evidence of Contract FormationYour original Notice to Driver failed to specify any “period of parking” as required by PoFA paragraph 7(2)(a). Instead, it recorded only a single observation time followed by a time of issue one minute later. A one-minute snapshot is not a “period of parking” and does not satisfy the mandatory requirement under PoFA, as confirmed in Brennan v Premier Parking Solutions, where the court held that an operator must evidence an actual identifiable period of parking, not merely a momentary presence.Moreover, the lack of any proper recorded parking period means there is no evidence that the vehicle remained stationary beyond the minimum mandatory consideration period required under the Private Parking Single Code of Practice (PPSCoP). The driver is entitled to enter the site, review the signage, and leave without entering into any contract.Since you have provided no evidence that the vehicle remained in situ beyond the minimum consideration period, there is no basis to suggest that any contractual relationship was ever formed between the driver and Ace Security Services.This is not simply a PoFA breach: it is also a breach of the Private Parking Single Code of Practice in failing to respect the minimum consideration period and issuing a charge when no contract could have been created. This breach of the Code of Practice also amounts to a breach of the KADOE contract you hold with the DVLA.A formal complaint has already been submitted to the DVLA regarding these breaches and the misuse of Keeper data.This fundamental defect carries through to your Notice to Keeper, which also fails to specify any “period of parking” as required by PoFA paragraph 8(2)(a). The NtK simply restates the same defective single timestamp without providing any proper period of parking as shown in your Notice to Driver.2. Incorrect Wording Regarding the 28-Day PeriodYour Notice to Keeper is non-compliant with PoFA paragraph 8(2)(f) because it misstates the mandatory warning about the 28-day relevant period.Specifically, your NtK wrongly claims that the Keeper has "28 days from the date given" to make payment.This is completely incorrect.PoFA paragraph 8(2)(f) expressly requires you to warn the Keeper that the 28-day period begins "AFTER" the day on which the Notice to Keeper is given (i.e., after it is deemed delivered, which is two working days after posting).The use of the word "AFTER" in PoFA is deliberate, precise, and critical. It means that the counting of the 28-day period does not start on the day the notice is given, but starts on the day "AFTER" the notice is deemed given.By incorrectly stating that the Keeper has 28 days from the date given, you have misstated the Keeper's legal rights, confused the actual payment deadline, and fundamentally failed to comply with the requirements of PoFA 8(2)(f). Strict adherence to the statutory wording is required for any attempt to transfer liability from driver to Keeper. Because you have misstated the timing rule by ignoring the crucial word AFTER, your NtK is invalid for the purposes of PoFA.Because of these defects, you have failed to meet the mandatory conditions under PoFA Schedule 4, and therefore you cannot transfer liability to the Keeper. Your claim against the Keeper must fail.If you are unable to understand the explanation provided, I suggest you pass this appeal to a responsible adult within your firm, preferably one who has at least a basic understanding of PoFA and contract law and have them explain to you that you have no hope of ever recovering a penny from the Keeper and are only going to be wasting your firm's money on a wasted IAS appeal or, even more on trying to litigate this.Yours faithfully,[Full Name]Registered KeeperHowever, this is a legal firm. Might they get a bit prickly regarding the final paragraph?Thank you for any advice!Kind regards,Tobes

Good evening ,BW Legal have now come back with a Letter of Claim. Please would you help me regarding what I should do?Kind regards,TobesAnd these are the other documents that were in the envelope:

Thank you. Updated. Shouldn't be doing this tired.

Done. Will wait for a reply regarding the DVLA. Re: ACE, they've moved it onto the debt recovery firm bwlegal. Would you mind helping me please regarding what I should say to these... people.Kind regards,Tobes

DVLA's reply to the complaint:

Adding all photos:From their camerasand their video:https://youtu.be/H61uweb0fpY My photos.3rd Dec 2024:Photos from 11th March 2025:Showing 5 of the 6 signs at entry to the road.

Update:

Dear b789,thank you for your help. I've emailed ACE Security Services. I've also sent the complaint to the DVLA.I'll let you all know how we get on.Best wishes,Toby

Good evening, Notice to Keeper arrived yesterday. I unfortunately failed to reply to the initial Charge Notice in time (brain and phone malfunction).Is it a good idea to use the template reply you suggested last time with a little bit of editing?eg. (previous template with strikethrough and added words in red):Subject: Charge Notice 987187 – Keeper Appeal (Not the Driver)To: appeals@acesecurities.co.ukDear Ace Security Services,I am the Registered Keeper of vehicle DF14 KYP in respect of your Charge Notice number 987187, issued on 13/03/2025 at The Pelhams 1, Wimbledon.Let’s be clear...The wording on the reverse of your Charge Notice claiming that “CNs can only be appealed by the driver” is utter nonsense. Nowhere in the BPA/IPC Private Parking Single Code of Practice (PPSCoP) does it state that the Keeper cannot appeal, regardless of whether the notice is a Notice to Driver (NtD) or a Notice to Keeper (NtK). That statement is misleading, legally baseless, and potentially breaches the Consumer Protection from Unfair Trading Regulations 2008.I was not the driver, and I am under no obligation to identify the driver. I have now provided you with the Keeper’s full name and serviceable address. As such, under Paragraph 5(1)(b) of Schedule 4 of the Protection of Freedoms Act 2012, you do not need to request my data from the DVLA.If you now apply to the DVLA for my data, despite receiving it, you will be:• In breach of your DVLA KADOE contract• In breach of UK GDPR, and• Liable to be reported to both the DVLA and the Information Commissioner’s Office (ICO).You now have a choice to:• Accept this appeal as you are required to do under the PPSCoP, or not.• If you prefer to play games, send a Notice to Keeper to the name and address provided. I will then appeal again on the same basis.Either way, the NtD is not PoFA compliant. It fails to specify any period of parking, which is a mandatory requirement under Schedule 4 of PoFA. Merely recording an "observed time" followed by a "time of issue" one minute later does not establish any meaningful parking period. More importantly, a one-minute observation falls well within the mandatory consideration period (as set out in the Private Parking Single Code of Practice) during which a driver is entitled to review the signage and choose to leave without accepting any contract. Accordingly, no contract can be formed and no breach can occur. This point has already been successfully argued and is now persuasive case law following Brennan v Premier Parking Solutions (2023) [H6DP632H], should you be bothered to look it up.Any attempt to ignore this appeal or use my details unlawfully will result in immediate formal complaints.Regards,[Full Name]Registered Keeper[Address]

Thank you b789. Stupidly and unfortunately I failed to send to appeal on the 27th day after the PCN.I'll be in touch with when it arrives.Cheers, Toby

Wow that packs punch!Thank you. I'll post any reply I get on here when it comes.Kind regards,Toby

PS Sorry for the late reply too. I was waiting for an email to inform me that me post had had a reply but I forgot to tick that box.

Hi B789,sorry, forgot to scan the back of the PCN:My wife is the registered keeper. I parked the car. I definitely do not want to pay up as it has most certainly angered me that they hand out tickets to those parked in designated bays for visitors. So I am happy to go 'all the way' against these cowboys.Appeals to be made within 28 days. You mentioned wait until day 27th. Happy to do this.With that in mind, what would you recommend I write in the appeal (on 9th April)? The registered keeper of this vehicle contends that no infringement of the terms and conditions took place and no liability will be accepted. The car was parked in a visitors bay.

Hi all.I (named driver but not registered keeper) parked in a visitor bay in a private residents car park. Less than 10 minutes later, returning to the car I had received a PCN. Below are photos I took of the parked car, a sign in the car park and the PCN issued. Then I've attached some of the photos taken by the Ace Security Services warden.I'd like to contest the charge. Would the following be wise to write:The registered keeper of this vehicle contend that neither the keeper nor the driver of the vehicle are liable for the alleged parking charge and wish to appeal on the grounds that an infringement of the terms and conditions did not occur. The car was parked in a visitors bay.Photos taken by Ace Security Services