Napier / BW Legal - Ignored PCN

RobMK

Hi All


Looking for some advice r.e. an ignored PCN from Napier Parking, attached to the vehicle a couple of months ago in Willen Lake car park in Milton Keynes.


I have noticed a lot of previous threads on this site and others that have different debt collection companies working for Napier so I was hoping someone has info about both BW Legal and Napier working together.


The driver received a fixed charge notice for overstaying due to an over-running game of football on the pitches adjacent to the car park (around 10 minutes). The notice was ignored and all correspondence from Napier and now BW Legal has been sent to the registered address of the keeper/vehicle however the keeper does not live at that address (parents' home) any more and has intermittently been passed letters, usually after any time related options for payment have expired.


The letter from BW Legal is the first one received from them and as registered keeper I am weighing up the best response. Main thoughts at the moment are an argument based on GPEOL but I am posting this as I imagine some of you have far more experience in these matters.


A further question I have regards defence based on ticket machines refusing to accept certain amounts of change and having set costs/time limits. the value of the change put into the machine was of greater value than the amount of parking time received and would have covered the excess few minutes, worth focusing on?


Thanks in advance for any replies

Redx

BEAVIS lost at the SUPREME COURT almost 2 years ago on not a gpeol , so that argument will likely fail , sorry

BEAVIS lost in 3 courts to 10 out of 11 judges

you can use any argument you like but if NAPIER wish to issue an MCOL , or if they instruct BW LEGAL to issue an MCOL, then its a judge you will have to convince , whatever argument or legal points you put forward

this has always been the case since the date of parking

they have 6 years to issue an MCOL

ps:- they issued the paperwork to the address registered at the DVLA

if the keeper no longer resides there then the keeper should have updated the DVLA with their new address, otherwise it can risk a fine from the DVLA of up to £1000 for not doing so (so get it done if not done already)

the keeper can write to both parties with the new serviceable address for all future correspondence , plus add any rebuttals and refute the pcn as a reply to any LBC received

the best responses to BW LEGAL have already been posted on here and on pepipoo , mainly for EXCEL and VCS letters and claims

GRACE PERIODS is certainly one defence point , because it is listed in the IPC CoP (the BPA CoP has 2 grace periods , one before and one after, so can also be argued too)

Guys_Dad

If it is just 10 minutes, you have a reasonable chance in using the "Grace" argument in the IPC code of practice. (Also in the BPA CoP as they are members of that too.)

The bad news is that Napier have a recorded previous win in court for the same place. Best have a read before deciding what you intend to do. But the "Grace" argument wasn't used in the Yau case.
http://napierparking.co.uk/assets/files/news/CourtJudgementYau.pdf

Coupon-mad

so I was hoping someone has info about both BW Legal and Napier working together.

Yes, in other BW Legal Napier threads. I recall seeing threads here and on pepipoo, so search both forums for those words 'BW Legal Napier'.

My view is, BW Legal will likely muck up Napier's cases, when well-defended. Napier probably don't care because the majority of the sheep will get in line, panic and pay because they forget how to Google a scam and research the matter, the minute they see a 'solicitor's letter'.

So it's cost effective for Napier, but for a defendant, it's likely to be easier to defend than it would have been without BW Legal mucking it up, which is lucky for you.

beamerguy

Once BWLegal get involved, we can expect more rubbish

It's not just here ....... it's what judges say

https://forums.moneysavingexpert.com/discussion/5672664

It would have been sensible for Napier Parking to do their homework
first
Oh well, Napier Parking will learn ????