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Messages - CatarinaSF

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1
Got a response:

"Dear xxx

Thank you for your letter, please find our response below:

Please find attached a copy of the parking Charge Notice, which was appealed and the appeal rejected on 11/12/2024 with the POPLA Validation Code: xxxxxxxx.

Please be advised, it is unnecessary for our Client to provide proof of delivery. Our Client issued these Notices under the Protection of Freedoms Act 2012 and this confirms any Notices sent to the address provided by the DVLA, can be presumed delivered the second working day after postage.

As a result, our Client is satisfied these Notices were posted and delivered correctly to the address of the Registered Keeper.

Please note that we will not be providing a copy of the agreement between our Client and the landowner. The document is commercially sensitive and shall only be produced if the matter progresses to formal hearing at Court.

However we can confirm that our Client holds the necessary right with the landowner to issue PCN's and take legal action to recover outstanding balances where needed.

Debt recovery costs are contractually agreed by the motorist when visiting the car park.  They only apply when the opportunity to pay the parking charge has expired and the parking company has been forced to commence debt recovery activities.

Such contractual costs are recognised by the courts as covering debt recovery activity between the expiry of the parking charge notice and the commencement of litigation, including pre-litigation correspondence.

The fees we charge our clients for our services are subject to VAT.  However, these are separate and distinct from contractual debt recovery costs recoverable by our client from the motorist.

If you would like to view the full contact history or submit a new query, please log into our Customer Portal by clicking here.


Yours sincerely,

BW Legal"



What should I reply?


Thank you :)

2
Hello,

I got a letter yesterday from BWlegal, saying for me to reply to them until the 22nd November.

It was sent on the 13th November, the same day my letter (above post) arrive at their office (I sent it with tracking).

It looks like a standard "reminder":

https://ibb.co/Kc8rpzGd


https://ibb.co/5xTHqLGz


Should I wait for them to come back to me on he letter I sent them?

Thank you :)

3
Respond to that LoC as follows:

Quote
Subject: Response to your Letter of Claim – Ref: [reference number]; PCN: [xxxxx]; VRM: [ABC123]; Site/Date: [site], [dd/mm/yyyy]

Dear Sirs,

This is my formal response under the Pre-Action Protocol for Debt Claims. I dispute the debt. Your Letter of Claim contains insufficient detail and omits documents you intend to rely upon, contrary to PAPDC 3.1(a)–(d) and 3.1(3), and Practice Direction – Pre-Action Conduct (PD-PAC) 6(a) and 6(c).

The Protocol requires sufficient information and disclosure of key documents to enable an informed response. Your template refers to a “contract” but encloses none.

Pursuant to PAPDC/PD-PAC, please provide:
1. The Notice to Keeper (and any prior NtD) with all pages, dates of posting, and proof of service.
2. Confirmation whether you rely on PoFA 2012 Schedule 4; if so, a point-by-point explanation of compliance.
3. Contemporaneous, legible photographs of the signage in place on the material date, and a site plan marking sign locations.
4. The precise contractual wording allegedly accepted and the clause(s) said to be breached, and whether you plead a contractual sum or damages.
5. The landowner authority/chain permitting UKCPM to issue PCNs and to litigate in its own name at Brooklands Court, New Haw.
6. An up-to-date statement of account from the original PCN to the claimed total, identifying each item (parking charge, any “debt recovery”/“legal costs”/interest), the date applied, and the legal/contractual basis for each; confirm whether interest is claimed and the rate and start date.
7. If any sum above £100 is sought, the precise term said to permit it and whether any part represents VAT.

Protocol hold: Under PAPDC 5.2 and 7.1–7.2, confirm that (i) the matter is placed on hold immediately and (ii) no proceedings will be issued for at least 30 days after you supply the above documents/evidence.

Until compliant disclosure is given, I cannot respond substantively. On receipt of a compliant LoC bundle, I will respond within 30 days as the Protocol contemplates.

If you issue regardless of these requests, I will place this correspondence before the Court and seek appropriate case-management orders (including a stay) and costs for unreasonable non-compliance (PD-PAC 15).

I do not consent to using any web portal. Correspondence by email to: [your email] and by post to: [your postal address] only.

Yours faithfully,

[Your name]

THANK YOU!!!

I get in touch again, once I have a response :)

4
Please show us the content of the LoC and anything they included as “evidence”. We do not need to see any of the other forms they may have included with it. Just the wording of their claim.

Ignore the advice I gave about the IAS appeal. I was under the impression you had received an appeal rejection just recently.

Once you’ve shown us the content of the LoC, we can advise on the response.

No problem, thank you for giving another look. I really appreciated!!

LoC1:

https://ibb.co/3YFxy7YB

LoC2:

https://ibb.co/mrMLpRLx

LoC3:

https://ibb.co/Fk9FgcWw

Do I need to resend the original PCN and the images of the parking area?
Let me know if you need anything else :)

5
So when you say
Quote
I will do the appeal in IAS, as you recommend.
you are far too late in the process to do this.


I said I would do the IAS appeal that was just now advise, on the 7th November.

If it is too late to do this now, then what is the advise now?

Thank you.

6
You should not have received a Letter of Claim for a PCN you are appealing, including the appeal to the IAS. The Letter of Claim should only be issued once all appeal avenues have been closed, and usually after a number of letters from debt collectors. Something is wrong if you have a Letter of Claim for a PCN which is still under an appeal process.

Are you conflating two different PCNs here?

Hi,

I 1st appeal directly to the PCN website, to which they said they "understood my position but that the PCN stands".
After that, i was also advised here there was no point to appeal to IAS as it always sided with the PCN.
I then received several debt collectors letters, which I ignored, as following advise here. I moved addresses, and I told them about it (again, following advise here :) ). I was told here to wait for LoC.

LoC is now here, with the BWLegal firm.

I'm now looking for advise again to what I should do next :)

Is there anything I can say to them to show the PCN should not have been issued in the 1st place, and that I won't pay for a fine when the car was lawfully parked?

Thank you in advance!




7
Hi,

Thank you for this.

I will do the appeal in IAS, as you recommend.
In the meantime, as the letter I got took its time to arrive to me, I have only until the 22nd of Nov to reply to the LoC. Do I need to contact them saying I refute these charges and have appealed to IAS?

Thank you :)

8
Ok, trying to post all images here:


The parking zones:

https://ibb.co/gZC050x8

Here the green arrows show the pillars and where the sign is.

https://ibb.co/kVNpTfwF

The original PCN:

https://ibb.co/YFgpshpn

Are you able to see these?

9
Quote
Am I missing something very basic?
From the "Read this first" thread:
Quote
There is some upload space on this site but it's quite limited, so it's best to upload to a picture hosting site (such as https://imgbb.com/ or similar) and post links - see Posting Images for more info

Ok, thank you for that!

This is the parking zones of the area (as I tried to post previously)


https://ibb.co/gZC050x8

BLUE - side of the road where is free parking. The car was parked at the end of that blue line, just before the pillars at the start of pink zone.
PINK - CPM zone (sign for this zone is a few meters inside it, away from the station, "inside" the housing estate, where only a person walking into that area would have seen it)
YELLOW - the 3 station car parks, run by NCP company - when BLUE road is full, a non resident (aka, someone without CPM permit) would have to park in one of these.

Hope image works now!

Let me know if you need more info please :)


10
ld be useful if you could either show us an image of the LoC or at least tell us which firm of bulk litigators has sent it.

Hi,

I tried to upload images before, but it doesn't seem to work. Am I missing something very basic?
The only image icon I see now asks for a URL?


The LoC is from BW Legal.

It says they can only help me prevent legal action if I contact them.
They list a phone number, a website (for payment and payment plans) and a Reply form (again for payments or advise on debt...).

The original PCN was last year.
The car was parked legally, on the free side of the street. I tried to upload google photos of the area that shows where my car was parked, and where the area the PCN refers to started in a previous post (thought the images where uploaded correctly, but now I see they were not).
After I submitted a claim on their website saying that the car was parked correctly, which was visible from the photos they took (the sign for the permit area was not visible where my car was of course, as it was parked meters before...), they said they "understood my view but the PCN stands".
After that, I received several debt collectors letters.
I changed addresses and was advise here (thank you :) ) to tell them about, which I did.

Now, the LoC arrived.

Really appreciate advise in how to respond.

If someone can tell me how to correctly upload images, I can share the letter and the area where the car was parked.

Thank you so much in advance!! :)

11
They say I can pay, or contact to say reasons for no payment.
If no contact (or payment) is made, the next stage will be a Letter of Claim.

So, It is NOT an LoC and can therefore be shredded and used a hamster bedding for anyone cares.

Come back when they send you an actual LoC.

Hello again,

I have now received a LoC, dated on 23 Oct but only got it today.

Says I need to contact them before the 22 November 2025.


What is your advise?


Thank you in advance!! :)



12
Hello,

I got another letter, now from a legal company (instead of debt collectors).

They are still demanding payment (tried to attached the photo of the letter, but wasn't able to, sorry!).
They say I can pay, or contact to say reasons for no payment.
If no contact (or payment) is made, the next stage will be a Letter of Claim.

Should I reply?
I know I was right and that the PCN should not have been issued.
What is your advice?

They provided a phone number, webchat or a postal address for contact.

Thank you in advance :)


13
You MUST send a data rectification notice to the DPO of CPM which instructs them to update their records with your current address for service and to erase your old address. The highlighted words are there for a reason, so use them.

Their DPO can emailed at dpo@uk-cpm.com. Make sure you also CC yourself in that email.

Thank you! Email sent :)

14
No, they won’t necessarily check, not least because it can mean a default judgement in their favour at court followed by someone taking more effort to track you down at your new address and - hey presto - you have a problem.

You need to send a data rectification notice to CPM or whoever it was who first sent you a PCN.

Quote
instruct them to update their records with your correct address for service and to erase your old address. The words are there for a reason... use them.

Thank you for the clarification.

Anything specific I need to say? Or just "to advice that my address has changed"?

Regards

15
Ignore Debt Recovery Plus - they're not interested in any conversation that doesn't involve payment. File and ignore. You're waiting for a Letter of Claim, or a Claim Form from the county court.

Hello,

I received another Debt recovery, but nothing else.

In the meantime, I moved house in March. I have updated my new address on my car registry. However, I'm concerned that, if it goes to court, they will send letter to my old address and not my current. Does anyone know if they'll check for this?

Thank you!

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