BW legal stage - Napier Parking

davisinuk

I received a NTK FCN in Dec 2018 after eating at a restaurant, the parking area was very dark and out of eight of us in four cars none noticed that it was a parking enforcement area. After being back to the site at night there is no way the signs can be read with the naked eye due to the size of the print, their height and the poor lighting.

The period stated within the FCN is approx. 25 minutes and the reason for issue is failure to display a valid permit.

I have appealed to the the parking company indicating that an FCN together with photo of my cars rear end and windscreen does not prove the incident happened. I was then sent further close up photos of my car and a photo of the sign that confirms the text is not able to be read.

I contacted the restaurant who were very helpful in trying to assist, they sent me a letter confirming the stay at their restaurant and contacted Napier parking on my behalf, Napier said to them that I would need to send in the letter with my argument to quash the FCN.

Napier replied that I had to deal with BW Legal from now on. BW Legal are asking for the outstanding FCN £100 + £60 for their legal costs by 7 May.

Is a handful of photos of my car proof of the charge?

beamerguy

davisinuk wrote: »

I contacted the restaurant who were very helpful in trying to assist, they sent me a letter confirming the stay at their restaurant and contacted Napier parking on my behalf, Napier said to them that I would need to send in the letter with my argument to quash the FCN.

Napier replied that I had to deal with BW Legal from now on. BW Legal are asking for the outstanding FCN £100 + £60 for their legal costs by 7 May.

Is a handful of photos of my car proof of the charge?

You are dealing with two idiots rolled into one here.

The Kindergarten of Napier, if they were professional should accept your letter and they can stop BWLegal, they instructed them in the first place.

If it went to court, the max legal legal fee is £50 but BWL will try to add a fake £60 on top ..... it's a scam by BWLegal.

Have you received a LBC (Letter before claim) from BWLegal giving you 30 days to respond ?

Is it the restaurant who hired these scammers ?

davisinuk

Thanks for your quick response.

The letter I have from BWL does not say it is an LBC but that they have been 'instructed by Napier Parking Limited in relation to the balance due for the above... (and then it says)... Parking Charge Notice (PCN). Interesting - as it is an FCN.

They say in the letter that the £60 is for initial legal costs. The letter goes on to say - 'As you have failed to make a or raise and appeal within 28 days from the date of the PCN, the balance due remains outstanding and we will require payment in full within 16 days from the date of this letter.' Then it says if I dont pay they will seek instruction from Napier to commence legal proceedings against me in the form of a County Court Claim etc...

I did raise and appeal directly to Napier within 28 days.

It was not the restaurant who hired them, possibly the landowner but I dont know who they are. The restaurant told me if it was Parking Eye they would have quashed it easily but have not dealt with Napier before, it seems when they spoke to Napier they were fobbed off.

davisinuk

Another bot of info.

The original NTK FCN was addressed to my wife and not me, however, from then on all correspondence has been addressed to me. I have never admitted to the FCN.

Could this be a technicality in my favour?

Coupon-mad

They must have got your data from somewhere. Did you wife name YOU as driver, or did you submit an appeal on her behalf?

Are YOU the keeper or driver, or none of the above?

davisinuk

Hi, my wife is the keeper and i was driving. I appealed to Napier initially and from then on they corresponded with me. My appeal was that a couple of photos of the car was not sufficient to prove the car was parked there, I did not admit to the offence. The then rejected my appeal and sent me more photos of my car and one of the parking sign which is not readable. I still don't think that they have sufficient proof I was parked there.

Coupon-mad

OK so read any other BW Legal threads and prepare to defend a claim - no risk.