Napier FCN

The_Deep

Have you checked original planning permissions with the Council? Some stipulate that motorists may leave the site.

In any case, how do they know that you left the site? What evidence do they have? If a Parking Weasel saw you, why did he not warn you that it would be a breach of contract? The law requires that claimants must try to mitigate their losses.

If this went to court the PPC would have a mountain to climb and the de Savarys are not fools.

Herzlos

KUPPI wrote: »

Guys, i need your help. What should be next step?

Napier reject pretty much anything, so don't take that as any indication that what they are doing is valid (it isn't).

Now you just need to wait to see if Napier will try to take it to court, where you can defend and win.

In the mean time, get complaining to B&M and Dunelm about the harassment you're receiving from their agents, and how you and anyone who uses your car will never park or shop there again unless they bring their agents in line and get it cancelled.

KUPPI

Thanks you - The Deep and Herzlos.
Will be in touch if any new information comes in. Cheers

Coupon-mad

http://s1160.photobucket.com/user/Sabre699/media/IMAG2985_zpsqr1e581m.jpg.html?sort=3&o=3

I think I've seen that sign before a while back. You are right, the £90 does not arise for that behaviour (leaving the site) so there has been no contract formed at all. Useless sign for them!

KUPPI

Hello, everyone. Its been a while but here we are, coming back for next advice. Last time when we received rejection of the keepers appeal, Napier gave us another 28 days to pay everything in full. Now, like 16 days after deadline, we received finally first letter from them, but behind face of bwLegal, which are "Specialists in Legal Recoveries".
And they are writing to us now - " Since we have failed to make a payment, the Balance Due remains outstanding and they require payment in full within 16 days from the date of this letter. With all the legal costs balance now is 150 quid. Also they want us to get in touch with them to provide a reason for non payment within this specified timeframe. And if not then they will seek their Clients ( Napier ) instructions to commence legal proceedings against us in form of County Claim Form in County Court.

So, guys, need some advice on what should we do next? Should we get in touch with them and tell them that the debt is denied? And if so, then whats next?

Thank you everyone in advance.

beamerguy

KUPPI wrote: »

Hello, everyone. Its been a while but here we are, coming back for next advice. Last time when we received rejection of my appeal, Napier gave us another 28 days to pay everything in full. Now, like 16 days after deadline, i received finally first letter from them, but behind face of bwLegal, which are "Specialists in Legal Recoveries".
And they are writing me now - " Since we have failed to make a payment, the Balance Due remains outstanding and they require payment in full within 16 days from the date of this letter. With all the legal costs balance now is 150 quid. Also they want us to get in touch with them to provide a reason for non payment within this specified timeframe. And if not then they will seek their Clients ( Napier ) instructions to commence legal proceedings against us in form of County Claim Form in County Court.

So, guys, need some advice on what should i do next? Should i get in touch with them and tell them that the debt is denied? And if so, then whats next?

Thank you everyone in advance.

Firstly, don't get too excited about this >>>
"Specialists in Legal Recoveries"

BWLegal have been proven many times in court that they
are highly incompetent and don't actually grasp the reality
of the situation. They even try it on using other cases that are
not relevant which judges have already told them ... they ignore
and persist in making themselves look stupid in court

I assume that Napier have failed to prove to you their claim
that you left the car park and that will be their downfall

If this was me, I would reply to them denying that you left
the car park and requesting proof from their client.
A judge would require positive proof

Redx

yes you could play email tennis (or letter tennis) with them as you say , denying the debt

B W LEGAL are well known on here, mainly due to EXCEL and VCS claims

there are some FRO letters written by GAN from pepipoo that you could adapt , just do a forum search for them and adapt one and send it, but dont be surprised if they dont back down

"specialists" is a strange word for them to use, because generally their cases seem moronic and not enough due diligence is put into them

frankly, they are a laughing stock on here and on pepipoo forums, plus have a read of parking pranksters blogsite about them and their inept court cases

if you have not named the driver, then dont , remain as KEEPER or an OCCUPANT of the vehicle and state that there is nothing on any signage there about "leaving the site"

beamerguy

As Redx says ... "dont be surprised if they dont back down"

BWLegal are a vindictive company whose whole purpose
in life is to win regardless of the facts.
They are seen to waste the courts time with worthless claims so
with the help and knowledge on here, if they do take you to court,
we can hopefully see yet another court whooping for them

Coupon-mad

BW Legal are a joke. Not specialists at all, in our experience. Search the forum and laugh!

We have not seen any OP lose a defended case here, where we've helped them against a court claim from start to finish. In your case, there was NO contractual term about paying £90 if the driver/passenger leaves the site.

You can reply to the LBCCC as shown in post #2 of the NEWBIES thread, which also tells you all about acknowledging and defending a claim, when it arrives. That's the only fair way to end this dispute and is worth fighting and winning at a hearing.

KUPPI

After reading all of your comments more than one time and reading couple of threads on this forum we are getting slowly there. But our question remains -- should we call them back and deny any debt, and ask for evidence from their client and maybe something else? -- or -- send some kind of letter/email to them? which option should we chooose?
Thanks in advance.