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Napier /BWLegal letter for PCN

Hi,
My wife has received a letter from Napier parking and BWLegal requesting £150 for non payment of her account, which is in relation to a parking charge notice.

The letter is dated 27th Feb 2018 with the alleged offence being 17th December 2017. No windscreen sticker was given and this is the first notice we have received regarding this ticket. The offence is failure to display a valid ticket/permit.
We did move house and only recently (2-3 weeks ago) change the address of the car registration so it's possible that it was sent to the old address (however there was a postal redirection in place until mid January). The letter is also addressed to her maiden name, which I believe was changed with the DVLA previously, so not sure where they got the name and address combination from. She was not in the car on the date of the offence.

The letter claims if we fail to pay in 16 days or provide reason for non payment they will seek clients instruction to being legal proceedings which may result in a letter of claim.

What would be the best course of action to fight this? Does this count as just a debt collector letter and to be ignored or a response on the lines of my wife is only the registered keeper and send he template letter etc?
We have not received any evidence to support the charge (i.e. No photo's, don't know what time it was recorded etc), is this something that should be requested?

I tried to look through the newbies guide, but couldn't be sure which instance applied (having not actually received the PCN and gone straight to debt collector/solicitor letter and missed whole appeal period).

Thanks

Comments

  • Coupon-mad
    Coupon-mad Posts: 159,639 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 7 August 2020 at 4:17PM
    Search the forum for: Napier and read all the other threads.
    Do the search and there are several to read already, saves us repeating ourselves.
    The letter claims if we fail to pay in 16 days or provide reason for non payment they will seek clients instruction to being legal proceedings which may result in a letter of claim.
    Then that is NOT a letter of claim or LBCCC, but you (not you, the recipient rk, in fact) can use it to ask for evidence, all photos taken, all notes made by the parking attendant, and all letters sent because no windscreen sticker was given and this is the first notice we have received regarding this ticket.

    And she can use the chance to state your correct address for service so she misses no important letter.

    EDIT 2020 - STOP READING THIS OLD THREAD, IF YOU ARE!

    THERE IS A TEMPLATE DEFENCE AT THE TOP OF THE FORUM.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Umkomaas
    Umkomaas Posts: 44,232 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    When changing name (or address) the DVLA has to be informed twice, once for the driving licence (which would be the obvious one for a name change), and once for the update to the V5C (aka logbook), which is the source from where the PPC gets its information. There is no automatic read-across between the driving licence and V5C.

    Maybe the reason for the NtK being served in your wife's maiden name?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
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