Author Topic: letter from solicitors re unpaid PCN  (Read 861 times)

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letter from solicitors re unpaid PCN
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I was making renovations to our flat in prep for the new tenant in May 2025. On 7th May I parked the vehicle in the underground parking and placed the permit on the dashboard. It is a sticker, but I only kept it until the new tenants move in so I did not attached it to the windshield. Since it was a hot day, the sticker folded, so I but a pen on top of it so that it wouldn’t roll off the dashboard.
I received a PCN that day (
Image PXL 20260305 143013941 MP in the PCN 07.05.2025 album
ImgBB · ibb.co
), appealed on 15th May, received no response from the operator (CPM) and between June and September I received 4 letters from the collection agency, which I duly ignored.
Now I received a letter from bwlegal (
Image PXL 20260305 142901791 MP in the PCN 07.05.2025 album
ImgBB · ibb.co
), threatening a legal action. What, if anything, should I be doing now?
I have a screenshot of the “evidence”, taken when I appealed the case. The pictures are not clear but on a couple of them one can make out the shape of the permit sitting on the dashboard – something I had pointed out in my appeal.

Thank you, I would appreciate any assistance with it, it is stressful enough to own a flat with the cladding issue and hostile freeholder/management.

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Re: letter from solicitors re unpaid PCN
« Reply #1 on: »
Does the parking space in the garage come with the flat?

Re: letter from solicitors re unpaid PCN
« Reply #2 on: »
Yes, we have one parking spot/permit, we can park anywhere in the garage as the spaces are not allocated to flats.

Re: letter from solicitors re unpaid PCN
« Reply #3 on: »
Perfect.

So the next question is; does your lease specifically mention the parking entitlement? If so, does it specifically mention having to engage in any 'parking scheme'? ie passes / permits / fobs etc.

The reason we ask is this; if your lease already allows you to park then you can demonstrate that you don't need the permission of a third party parking operator to park - it's known as primacy of contract - your lease trumps the parking operators alleged contract.

The letter from BW is simply a tarted up debt collecting letter and can be ignored.

You should keep an eye out for a 'Letter Before Claim' or similarly worded.

Can we assume that BW etc have the correct address for service?

Re: letter from solicitors re unpaid PCN
« Reply #4 on: »
Thank you for your response. "does your lease specifically mention the parking entitlement? If so, does it specifically mention having to engage in any 'parking scheme'? ie passes / permits / fobs etc." The lease mentions the parking entitlement (designated parking space - this assignment has morphed into general use of the underground parking without having to park in a designated space, and I have correspondence with the building management to confirm this). No parking scheme mentioned, although there is a paragraph that states that the Leaseholder has to "obey such traffic regulations as the Landlord may from time to time impose (including without limitation the designation of roads as one way streets and parking restrictions). I am not sure this is applicable to the parking schemes.
Yes, BW has our correct address.

Re: letter from solicitors re unpaid PCN
« Reply #5 on: »
Hello. Today I received a Letter of Claim from bwlegal. Please see here:
Image PXL 20260416 113559331 MP in the PCN 07.05.2025 album
ImgBB · ibb.co
. What should be my response/next step?

Re: letter from solicitors re unpaid PCN
« Reply #6 on: »
Good morning - I wonder if someone can tell me if this is a good response (AI generated):
Dear Sirs,
Re: Your Letter of Claim dated [DATE] PCN Reference: [PCN NUMBER] Vehicle Registration: [VRM]

I write in response to your Letter of Claim.
I deny any debt to your client and dispute the entirety of the claim.

At the time of the alleged contravention on 7 May 2025, the vehicle was parked in the underground car park of the residential development in which I am the leaseholder of Flat [NUMBER/ADDRESS], and to which I hold a valid parking entitlement under the terms of my lease. A valid parking permit was displayed on the dashboard of the vehicle. Due to hot weather conditions on the day in question, the permit (which is a sticker type) had curled and was placed on the dashboard with a pen to prevent movement. Photographic evidence provided by your client does in fact show the permit present within the vehicle, a matter which I raised in my original appeal to UK Car Park Management Ltd (CPM) on 15 May 2025.

Further, my lease grants parking rights and makes no mention of any requirement to display a permit or comply with any third-party parking enforcement scheme. The lease provides for a designated parking space, which has subsequently evolved into a general right to park within the underground car park, as confirmed in correspondence with the building management company.

Your client is put to strict proof that: 1. Any parking scheme has been lawfully introduced in accordance with the terms of the lease; 2. The leaseholder’s existing right to park has been validly varied or superseded; 3. Your client has the necessary authority from the landowner to override or interfere with leaseholder parking rights; 4. Clear and prominent signage created a contractual obligation capable of binding a leaseholder with pre-existing parking rights.
In the absence of any such variation to the lease, my primacy of contract takes precedence over any purported contractual terms imposed by signage.

In accordance with the Pre-Action Protocol for Debt Claims, please provide the following documents:
- A copy of the contract between your client and the landowner authorising enforcement at this location;
- Copies of all photographs relied upon;
- A copy of the signage terms and conditions in place on 7 May 2025;
- Evidence that the parking scheme has been introduced in accordance with the lease;
- A full breakdown of the sum claimed, including the legal basis for any additional costs added.

Until such time as this information is provided, I am unable to provide a more detailed response.

Accordingly, I require that this matter be placed on hold for not less than 30 days pursuant to paragraph 5.2 of the Pre-Action Protocol.
I also require you to treat this letter as a request for all personal data held by your client pursuant to Article 15 UK GDPR (Subject Access Request). This includes all photographs, notes, correspondence, and system data relating to myself and the above PCN. I look forward to your substantive response.

Yours faithfully,

Re: letter from solicitors re unpaid PCN
« Reply #7 on: »
Hello - can anybody advise please? I don't really want to rely on AI, it is wrong quite often. Thank you, Chris

Re: letter from solicitors re unpaid PCN
« Reply #8 on: »
That should be fine - although personally I'm not sure the part regarding the prominence of the signage is necessary, as your main seems to be that the signage does not apply to you by virtue of the primacy of contract argument.
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Re: letter from solicitors re unpaid PCN
« Reply #9 on: »
Thank you - do you think the signage requests could be somehow used against me?