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#Post#: 112167--------------------------------------------------
letter from solicitors re unpaid PCN
DIR By: Chris_S
Date: March 5, 2026, 8:58 am
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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 (
HTML https://ibb.co/Y7T0R1Rw),
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 (
HTML https://ibb.co/ZzkZWH6T),<br
/>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.
#Post#: 112169--------------------------------------------------
Re: letter from solicitors re unpaid PCN
DIR By: InterCity125
Date: March 5, 2026, 9:07 am
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Does the parking space in the garage come with the flat?
#Post#: 112198--------------------------------------------------
Re: letter from solicitors re unpaid PCN
DIR By: Chris_S
Date: March 5, 2026, 2:20 pm
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Yes, we have one parking spot/permit, we can park anywhere in
the garage as the spaces are not allocated to flats.
#Post#: 112224--------------------------------------------------
Re: letter from solicitors re unpaid PCN
DIR By: InterCity125
Date: March 6, 2026, 1:45 am
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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?
#Post#: 112270--------------------------------------------------
Re: letter from solicitors re unpaid PCN
DIR By: Chris_S
Date: March 6, 2026, 8:02 am
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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.
#Post#: 116053--------------------------------------------------
Re: letter from solicitors re unpaid PCN
DIR By: Chris_S
Date: April 16, 2026, 6:44 am
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Hello. Today I received a Letter of Claim from bwlegal. Please
see here:
HTML https://ibb.co/Txggqjbh.
What should be my
response/next step?
#Post#: 116239--------------------------------------------------
Re: letter from solicitors re unpaid PCN
DIR By: Chris_S
Date: April 18, 2026, 3:05 am
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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,
#Post#: 116350--------------------------------------------------
Re: letter from solicitors re unpaid PCN
DIR By: Chris_S
Date: April 19, 2026, 1:31 pm
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Hello - can anybody advise please? I don't really want to rely
on AI, it is wrong quite often. Thank you, Chris
#Post#: 116381--------------------------------------------------
Re: letter from solicitors re unpaid PCN
DIR By: DWMB2
Date: April 20, 2026, 2:59 am
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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.
#Post#: 116426--------------------------------------------------
Re: letter from solicitors re unpaid PCN
DIR By: Chris_S
Date: April 20, 2026, 8:14 am
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Thank you - do you think the signage requests could be somehow
used against me?
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