PCN Letter from Napier Parking and BW Legal

Coupon-mad

We will reply further on your original thread, once merged. Send a pm to Crabman or soolin.

ALLSOP

You can see how busy this forum is.

You do need to keep everything in the one thread.

You can find your other thread via your user profile

Ask a board guide to merge your threads.

Ask a board guide to move your threads into one
Dont open new threads for the same case.

We will reply further on your original thread, once merged. Send a pm to Crabman or soolin.

Have sent Private Message to Crabman and soolin, requesting merge of threads. I'm a new member on this Forum and could not find my old thread.

Its been 1hr no reply, are you sure 'newbies' can send PM's? and

Can you answer Question while we wait for Thread to be merged?

Coupon-mad

Yes you can send a pm, are soolin or Crabman even online?

You can see if their light is on. Give them a chance! They normally post in the evenings I think.

You could have clicked on you own username to find your thread in less than a second.

You would be best spending the time while you wait for your merged threads, searching the forum for BW Legal Napier or BW Legal claim to read how useless they are!

QUESTIONS:
What would you do given this situation? I would respond again, telling them and Napier to stop threatening you with heavy costs for daring to defend a baseless parking charge claim, and asking for their evidence of who was driving, and whether they are relying on the POFA or not.

If they make Small Claim, what are my chances of winning?

On this forum if you stick around and get help at all stages/miss no deadlines, we win 99% of them! Just two were lost last year, and just one has been reported lost in 2018, among well over 350/400 cases where we assisted in the past 16 months or so (since 2017 started, is when I started to keep data).

What is a good defence against Court Claim?

See the examples in the NEWBIES thread, in particular a registered keeper's defence if the driver has not been identified.

Does CCJ have negative effect on credit rating? A CCJ would do in the end yes, but you will not get a CCJ. A CCJ is not a 'court claim'. You would have to:

- ignore the claim (which you won't), or
- miss deadlines to respond (which you won't) or
- lose a defended claim (unlikely, but)
- even a lost case gives you 30 days to pay after judgment. NO CCJ REMAINS AT ALL.

ALLSOP

I would respond again, telling them and Napier to stop threatening you with heavy costs for daring to defend a baseless parking charge claim, and asking for their evidence of who was driving, and whether they are relying on the POFA or not.

Napier Parking Final Reminder states they will be relying on PoFA 2012, Quote follows:

Further to our previous correspondence, we write to inform you that as this Fixed Charge Notice has not been paid, we intend to recover the unpaid charges from you as the Registered Keeper, as is our right under Schedule 4 of the Protection of Freedoms Act 2012

See the examples in the NEWBIES thread, in particular a registered keeper's defence if the driver has not been identified.

Thanks,
I Have been searching the Forumn, and I don't understand the registered keeper defence. According to PoFA 2012 and parking cowboys (keeper liability), the PPC must have complied with all the procedural steps set-out in PoFA 2012 in order to be able to recover the parking charge from the Registered Keeper.

So, there is Keeper Liability if PoFA 2012 requirements are met? if so how can I use Registered Keeper defence?

PoFA 2012 Requirements are as follows:

The Notice to Keeper

Schedule 4 paragraphs 8 and 9 of the PoFA stipulates the mandatory information that must be included in the Notice to Keeper. If all of this information is not present then the Notice to Keeper is invalid and the condition set out in paragraph 6 of Schedule 4 has not been complied with. Failure to comply with paragraph 6 means that the registered keeper cannot be held to account for the alleged debt of the driver.

• Specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates

• Advise that the driver is liable for the parking charge and the amount and that it has not been paid in full

• State whether a notice to the driver was given either to the driver or placed on the vehicle and if so to repeat
  the information in that notice about paying the parking charge and when

• Specify the outstanding amount of the parking charge and of the maximum additional costs they may seek to recover,
  and of the dispute resolution arrangements

• Invite the registered keeper to pay the outstanding parking charge or, if he was not the driver, to provide the name and address of the driver and to pass a copy of the notice on to that driver

• Warn the keeper that if the parking charges remains outstanding after 28 days and the name and address of the driver has not been given, or otherwise known to the person entitled to the parking charge, that “creditor” will be entitled to recover the parking charge from the registered keeper.

• Details of the discount for payment within 14 days, The Discount should be at least 40% of the full charge under the BPA Code of Practice (applies to BPA Members only)

• Identify the “creditor” who is legally entitled to recover the parking charge

• Date of the notice

Schedule 4 paragraphs 8(5) or 9(5) specify the time limits for serving a Notice to Keeper. If this is not complied with then the registered keeper cannot be held to account for the alleged debt of the driver.

The PPC meets the above requirements, apart from identifying 'creditor'. Who is the 'creditor' Napier Parking or Land Owner?

I have read PoFA 2012 (schedule 4, paragraph 6), I don't see how i can use this as defence. Maybe I have missed something...

Coupon-mad

Show us the Notice to Keeper. Last time I looked at a Napier one I don't think they complied.

If not, just look at any BW LEGAL Defence (those being the keywords to search) & adapt one. Have you done this?

You would be best spending the time while you wait for your merged threads, searching the forum for BW Legal Napier or BW Legal claim to read how useless they are!

Crabman

Duplicate threads have been merged

ALLSOP

I would like to thank everyone that's posted information and letter templates on this Forum. After 2 years and 15 Letters from Napier Parking and BW Legal, Napier have sent the following Letter/Email cancelling the PCN. :T

Without Prejudice.

We have reviewed this case and despite the Fixed Charge Notice being issued correctly we have decided that on this occasion we are not going to pursue it further. The case has therefore been cancelled and we have instructed BW Legal to cease further legal action.

No further action is therefore required.

In future when parking on private land please observe the clearly displayed Terms and Conditions.

Yours sincerely
Enforcement Department