CEL / NAPIER - how to proceed?

Bill11

Hello everyone, I would like to ask an advice regarding separate PCNs issued by Napier and CEL. It would also be great if I could get some input from more experienced members.

1. Issued by NAPIER circa June 2018
Didn't pay, as the warden issued a ticket within 50 seconds after parking. Ignored the NTK. Passed to BW legal. Raised complaint/appeal using arguments that I picked from this forum. They didn't even read it and didn't uphold. Raised 2nd one circa Mar/Apr 2019, never heard back. Promised to send me a reply by e-mail, but nothing came in. BW have my old address on file, maybe the response was posted there. However, the letters are returned back to senders from that address (i know that for a fact) Address in the log book changed since Sep 2018, so all in tact. Being afraid of CCJ, checked today, all clean.

Question - should I update BW legal or napier or both DPOs with my current address?

2. CEL issued 3 PCN May/June 2018.
At the time I used parking spaces close to work on a daily basis and paid by phone. On all 3 PCNs I knew I paid so didn't bother replying (I guess a mistake). In September 2019 got 3 letters from DRP with a total of £480 fines to pay for 3 PCNs. They used tracing service. Checked my bank statements for payments and actually 2/3 appear to be paid - I have a PAY BY PHONE LTD record in statement, which is a merchant processing payments on behalf of CEL, and the corresponding amount. However, it doesnt indicate that it was paid to CEL, so technically can be disputed that it can't be concluded that it was paid for parking to CEL. However, i have been using that car park for 8 months, so I would hope that it can be inferred that this is payment to them.

Questions:
- would it be reasonable to write WoP letter with an offer to pay £50 initial charge for PCN that is outstanding and attaching the evidence from the bank statement and bank letter showing that I paid the other 2 PCNs?
- Or should I wait until LBC?
- And do I have to update CEL's DPO on my new address, even though I changed it immediately after I moved house? (in anticipation of no communication between CEL and DRP and default CCJ).

Thanks to all users for continuously helping fellow motorists!

KeithP

You must update both PPCs with you current address.
The risk of not doing so is that you find yourself with a County Court Judgment against you without having had the opportunity to defend yourself.

The parking company is only allowed to get the keeper's details from the DVLA once per incident. So if you had changed the keeper's address on the Registration Document (V5c) after they had asked for your details, they would not know about your changed address.

No point of making a Without Prejudice offer - that will be seen as a sign of weakness and they will pursue harder.

BrownTrout

For cel send your email for change of addrsss to both office@ce-office.co.uk and also dataprotectionofficer@creativecarpark.co.uk

BrownTrout

For napier use dpo@napierparking.co.uk

Bill11

Thank you for so quick responses.

I am a little concerned with sending also to office@cel - don't want to trigger those lunatics chasing me again. Wouldn't the main DPO address suffice?

Bill11

KeithP wrote: »

No point of making a Without Prejudice offer - that will be seen as a sign of weakness and they will pursue harder.

Wouldn't that play to my advantage if court happens? Based on what is written in Practice Direction pre-action protocol and the whole idea of not going to court, reasonable mediation and dispute resolution outside of court, etc etc

In fact, I am offering an amicable solution which is fair as well as with bulletproof evidence? Not sure what grey areas to argue in court on this one?

KeithP

A Without Prejudice offer cannot be used, or even mentioned, in court. That is the whole point of the term Without Prejudice.

BrownTrout

Bill11 wrote: »

Thank you for so quick responses.

I am a little concerned with sending also to office@cel - don't want to trigger those lunatics chasing me again. Wouldn't the main DPO address suffice?

No........ Otherwise why would i have given that email address out..........

Bill11

KeithP wrote: »

A Without Prejudice offer cannot be used, or even mentioned, in court. That is the whole point of the term Without Prejudice.

Would you suggest to include that in Final Response instead following LBC if it happens?

@Trout - how would you write it up? Would give old address and new address?

KeithP

Bill11 wrote: »

Would you suggest to include that in Final Response instead following LBC if it happens?

No.

As I said earlier:

No point of making a Without Prejudice offer - that will be seen as a sign of weakness and they will pursue harder.