Napier, BW Legal Final Notice question

2000ian

Hi there,

I've been reading a lot of threads, and Stickies on the forum this morning, and am still undecided about my predicament. I hope I can either be pointed to the appropriate thread, or be given some sound advice.

Our company van received a parking invoice through the post from Napier Parking saying we didn't display a valid parking ticket back in May 2019, It was one of those machines which you can put cash in, or use the RingGo App, or telephone for payment.

We pay cash for these tickets, but by doing this we have no proof of the payment to park having been made. We had no idea about the supposed parking contravention until a letter came through the post a week, or so later.

There was nothing stuck to the windscreen on the day of the alleged offence, to let us know of their concerns of none payment, and obviously by the time the letter was received by us there was little chance of us finding the ticket.

I have a couple of friends who have said 'just ignore everything sent and it will go away', as this is exactly what they have done and nothing happened to them.

However, after reading lots of threads here, I am still not sure if ignoring is the best advice.....

Up to now we have ignored all the correspondence from both Napier and BW Legal. The letters from them are made out to our company which owns the van, not an individual.

We received the standard 'Final Notice' letter from BW Legal, requesting payment in full to be made within 17 days from the date of the letter, failing which they are threatening to commence County Court proceedings. The 17 days is just coming up.

My main objection with this type of parking invoice, is the disproportionate charge they are making against the ticket purchase price which was £2.50. The invoice was for £100, which is now £160 with BW Legal adding their bit on top.

Also, the lack of attaching a notice to the van to say they thought there was a problem on the day seems very unfair.

So, before I continue to ignore everything, I wondered if I really should do something?

As Napier are an IPC member, I saw on a thread that you recommend to wait for a notice to keeper letter to come, and then copy and paste the template of words you provide.

Was the 'Notice to Keeper' the first letter we received which, along with all the others was ignored?

If so, is there something else I should do, or just hold tight?

I've tried to find a case on the forum the same as mine, but I just haven't come across one. Sorry if I've missed something obvious. A link, or advice would be much appreciated.

Thanks a lot in advance.

Fruitcake

The advice to ignore has not been given here since the law changed in 2012. The scammers have six years to start court, so anyone who says they ignored one and nothing happened may still have a shock until 6 years have passed.

The first letter by post to the keeper is the NTK. A windscreen notice is not required where ANPR scameras are used. Different rules and timescales apply regarding the PoFA 2012 depending on whether the vehicle is leased/hired or when NTD or ANPR is used.
You have a lot of reading to do, but the sticky thread for NEWBIES is your starting point.

The keeper (the company) should send the edna basher lease/hire/fleet vehicle appeal asap as well as rebutting the LOC/LBC.
They should state that although they deny the debt they are seeking debt advice and therefore the scamlicitors must halt proceedings for a month.

Umkomaas

There was nothing stuck to the windscreen on the day of the alleged offence, to let us know of their concerns of none payment, and obviously by the time the letter was received by us there was little chance of us finding the ticket.

It could have been an ANPR camera capture, linked to the details inputted to the payment app, in which case you wouldn't get a windscreen ticket.

Do you still have the original letter (Notice to Keeper)? What does that say? Depending on the method of capture - more questions once answered.

I have a couple of friends who have said 'just ignore everything sent and it will go away',

As you seem to have been following their advice, it's time for them to step up to the plate and help with a chunk of work you will need to undertake to defend this. They could also consider underwriting any losses you incur as a result of advice that went out with the Ark (well, 2012 to be precise!).

My main objection with this type of parking invoice, is the disproportionate charge they are making against the ticket purchase price which was £2.50. The invoice was for £100, which is now £160 with BW Legal adding their bit on top.

When Barry Beavis went all the way to the Supreme Court, the Lord Justices crushed that argument - forget it. Sorry.

As Napier are an IPC member, I saw on a thread that you recommend to wait for a notice to keeper letter to come, and then copy and paste the template of words you provide.

Was the 'Notice to Keeper' the first letter we received which, along with all the others was ignored?

Yep, exactly that, but I'm afraid that ship has long sailed.

If so, is there something else I should do, or just hold tight?

Hold tight until you get a formal Letter of Claim and respond to that as per advice in the NEWBIES FAQ sticky, post #2. What you have at the moment isn't a LoC.

Incidentally, Napier registered address is Milton Keynes and as they are pursuing a company (as opposed to an individual) they choose the location of the court at which a hearing is to take place. Are you many miles from MK?

2000ian

Thanks for the info.

I'm not sure if we still have the original letter sent to us. What it said was that their attendant couldn't see a ticket on the window, not that we'd been clocked by a camera when we arrived and when we left.

There was one photograph showing a view of the front of the van on the letter.

We would've paid cash for the ticket, not used the App.

We're about 60 miles away from Milton Keynes, so not too far.

Cheers

Umkomaas

You need to get copies of everything Napier have on you, especially that vital NtK. So please send a SAR request to their Data Protection Officer via the Privacy section of their website. You can only receive personal data (although I'm less sure on your company data in this case - I'm not a GDPR/DPA expert) and data linked to the vehicle's VRM.

https://legalbeagles.info/library/guides_and_letters/court/subject-access-request/

twhitehousescat

2000ian wrote: »

Thanks for the info.

I'm not sure if we still have the original letter sent to us. What it said was that their attendant couldn't see a ticket on the window, not that we'd been clocked by a camera when we arrived and when we left.

There was one photograph showing a view of the front of the van on the letter.

We would've paid cash for the ticket, not used the App.

We're about 60 miles away from Milton Keynes, so not too far.

Cheers

sorry , missing something here

how the hell can you display a ticket when you pay by ap ?, does the ticket get spit out the bottom of your phone


We pay cash for these tickets, but by doing this we have no proof of the payment to park having been made.




so did the machine issue a ticket or not ?

2000ian

Yes, It does issue tickets, and you can pay with cash. It just seems the ticket wasn't noticed, or obvious to the attendant. It's possible it may have fallen to one side when the door was shut.

The_Deep

If you tell the judge that you paid, and a disreputable ex clamper says you did not, ask yourself, who the judge is most likely to believe.

Nine times out of ten these tickets are scams so consider complaining to your MP.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

fisherjim

Which car park was this Willen lake north or Willen Lake South, both managed by Napier both use different systems probably designed to trap people, otherwise why would they operate so differently:


Our South Bay Car Park operates a pay and display system, which means you pay upon arrival into this car park. For the Terms and Conditions of Parking please view the signs which are located throughout the car park


North Bay Car Park off Newlands roundabout, This car park operates an Automatic Number Plate Recognition (ANPR) system, in the case of this car park payment must be made prior to exiting the car park (NOT ON ARRIVAL). You can pay by card over the phone or at the machines. For instructions and the Terms and Conditions of Parking please view the signs which are located next to each pay station.


Your friends are unfortunately living in cloud cuckoo it isn't like that any more and Napier are a nasty bunch.

2000ian

Is that thread the one that starts SMALL CLAIM?



I see it says we might need to have a look at an SAR request, as was mentioned in another helpful post to me with a link. If so, would that be to BW, or Napier?

Thanks again.

2000ian

It wasn't in either of those car parks mentioned. It was in North Street Peterborough