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Napier parking court proceedings

Newdaddy83
Posts: 12 Forumite

Hi
I was hoping someone might have some advice regarding a predicament i find myself in.
At the start of September i visited a local park/lake, the parking here is controlled by Napier parking where you pay on leaving. When i left i found my phone had died, the problem being this was my only way of paying for the parking. I had no cash or card on me and always use the just park app. Anyway i live about 5 minutes away by car so raced home, got my phone on charge and tried to pay for the period i was there. The app would not let me as i had left so i immediately emailed Napier parking advising of the situation and asking how i can pay for the duration i was there. From leaving the park to sending the email 13 minutes had passed.
When Napier replied they simply advised a ticket would be issued which i could appeal. The ticket arrived and i duely appealed, providing the email id sent and explained the unfortunate events. I hoped they would see sense and just allow me to pay for the time i had parked. They rejected my appeal and advised i had to pay £60 or appeal to their governing body. Now at the time of all this i was signed off work through stress and did not appeal it due to other things going on.
At the end of October they wrote to me again and advised i had to pay £100 now. I wrote back and advised i had only just returned to work due to being off with stress, was on half pay and could not pay it in one go and offered a repayment plan of £10 a month. They did not acknowledge my offer and simply said they would give me 28 days further to pay. I advised them that my situation would not change in a month and could i make repayments, i got no reply.
After the 28 days was up i contacted them again and stated i still could not pay in one go but could at a stretch pay £20 per month to clear it. They replied ignoring my offer and advised they would be passing the debt to BW legal. I immediately contacted BW and asked about setting up a repayment plan for the £100, before they replied I received a letter from them (must have been an overlap) advising since i had not made payment or set up a repayment plan that they now would recover it and it was £160. I replied to them advising that i had twice attempted to set up repayment plans which had been ignored so did not see why they had the debt and that it should only be £100. They replied advising the matter was on hold while they contacted the client, i hoped this was to clarify the facts and the debt would reduce to £100 again.
Fast forward to today, i received a letter from BW legal advising they had been instructed to commence legal proceedings (county court). They then stated in the particulars of the debt that their client (Napier parking) had made repeated attempts to set up repayment plans. Utter tosh. Ive emailed BW asking how they can go to court when i have proactively tried to resolve this and arrange two repayment plans, that Napier have made no attempts to resolve this with me and that i have all the emails and letters proving this.
Now my issue is im not sure where to go from here, I feel like Napier have just been obstructive and profiteering through all this and bumped the debt up with no good reason. Although i genuinely think they should have seen sense that the original ticket should have been cancelled, ive resigned myself to having to pay the £100.
Can they start court proceedings based on everything that has gone on? Is it worth having my day in court so i can show a judge all the communications and ask that they reduce the debt to £100? I genuinely cant believe the BS Napier have spun through this in an effort to get to court.
Im really sorry for the long post, i just wanted to make sure i put it all down.
Cheers
Tim
I was hoping someone might have some advice regarding a predicament i find myself in.
At the start of September i visited a local park/lake, the parking here is controlled by Napier parking where you pay on leaving. When i left i found my phone had died, the problem being this was my only way of paying for the parking. I had no cash or card on me and always use the just park app. Anyway i live about 5 minutes away by car so raced home, got my phone on charge and tried to pay for the period i was there. The app would not let me as i had left so i immediately emailed Napier parking advising of the situation and asking how i can pay for the duration i was there. From leaving the park to sending the email 13 minutes had passed.
When Napier replied they simply advised a ticket would be issued which i could appeal. The ticket arrived and i duely appealed, providing the email id sent and explained the unfortunate events. I hoped they would see sense and just allow me to pay for the time i had parked. They rejected my appeal and advised i had to pay £60 or appeal to their governing body. Now at the time of all this i was signed off work through stress and did not appeal it due to other things going on.
At the end of October they wrote to me again and advised i had to pay £100 now. I wrote back and advised i had only just returned to work due to being off with stress, was on half pay and could not pay it in one go and offered a repayment plan of £10 a month. They did not acknowledge my offer and simply said they would give me 28 days further to pay. I advised them that my situation would not change in a month and could i make repayments, i got no reply.
After the 28 days was up i contacted them again and stated i still could not pay in one go but could at a stretch pay £20 per month to clear it. They replied ignoring my offer and advised they would be passing the debt to BW legal. I immediately contacted BW and asked about setting up a repayment plan for the £100, before they replied I received a letter from them (must have been an overlap) advising since i had not made payment or set up a repayment plan that they now would recover it and it was £160. I replied to them advising that i had twice attempted to set up repayment plans which had been ignored so did not see why they had the debt and that it should only be £100. They replied advising the matter was on hold while they contacted the client, i hoped this was to clarify the facts and the debt would reduce to £100 again.
Fast forward to today, i received a letter from BW legal advising they had been instructed to commence legal proceedings (county court). They then stated in the particulars of the debt that their client (Napier parking) had made repeated attempts to set up repayment plans. Utter tosh. Ive emailed BW asking how they can go to court when i have proactively tried to resolve this and arrange two repayment plans, that Napier have made no attempts to resolve this with me and that i have all the emails and letters proving this.
Now my issue is im not sure where to go from here, I feel like Napier have just been obstructive and profiteering through all this and bumped the debt up with no good reason. Although i genuinely think they should have seen sense that the original ticket should have been cancelled, ive resigned myself to having to pay the £100.
Can they start court proceedings based on everything that has gone on? Is it worth having my day in court so i can show a judge all the communications and ask that they reduce the debt to £100? I genuinely cant believe the BS Napier have spun through this in an effort to get to court.
Im really sorry for the long post, i just wanted to make sure i put it all down.
Cheers
Tim
0
Comments
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Yes BW LEGAL can and will issue a claim against you, defend it when it comes0
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Same as the other current Napier case on here. You need to read more threads!
And we beat BW Legal routinely, 99% of the time, in PPC court cases.ive resigned myself to having to pay the £100.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Coupon-mad,
You have no idea how much googling i have done for assistance regarding this but i apologise i didnt meet your posting criteria. Thank you though for taking the time to provide such a helpful and insightful reply.0 -
Not sure you will get very far on here with a sarcastic reply like that0
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Newdaddy83 wrote: »Coupon-mad,
You have no idea how much googling i have done for assistance regarding this but i apologise i didnt meet your posting criteria. Thank you though for taking the time to provide such a helpful and insightful reply.
OP - you're going to need the help of forum regulars, and especially from Coupon-mad who is the foremost expert in private parking in the country. Napier are nasty and you'll need all the help you can get.
CM gives exponential amounts of her time, often into the early hours of the morning, absolutely free of charge to help people with their problems, has even attended court to represent in some cases free of any charge.
People are genuinely trying to help you on this forum, biting the hand that feeds gets no one anywhere here. You don't get many chances throwing sarky replies.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
You really don't need to google to get help everything has been laid out for you in the newbies thread step by step by the very lady you insulted in post 4.
You have not it seems grasped the fact in your Googling, that PPC's, debt collectors and legal firms that deal with private parking tickets fly very close to the wind.
They will try to extract as much cash from you as possible, they are all working in tandem while laughing all the way to the bank.
Napier can't offer you a "payment plan" they aren't credit brokers, that's where debt collectors pop up with their additional fees (to you not the PPC) BW legal are bottom feeders that specialise in parking fees they are incompetent and it's about their limit.
I assume this was Willen Lakes?
A regular honey trap featured on here many times, Napier love sucking money out of that place, they would not accept your story what ever you said there's no profit in being fair or nice, and bullying is more satisfying too.
CM's signature explains what to do, near where it tells you she has been thanked nearly 95,000 times for her help!
Don't bite the hand that feeds you!0 -
From what you have told us, imo a judge is likely to find for you, let them take you to court.
[FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs and work, and in some cases, cancellation.
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.[/FONT]You never know how far you can go until you go too far.0 -
Thank you for replies. They are genuinely appreciated.
In regards to my sarcasm, if you understood i was being sarcastic then you also understand the post i replied to offered no help. Stating what they achieve (which i want to achieve) but with no direction how to achieve it is damn near trolling. Yes i saw they have 95000 thanks but that doesnt automatically mean every post is useful or valid, nor does it mean i am wrong for not appreciating their reply.
Sorry if i offended anyone with my response or the fact i have justified it but it was frustrating to receive that post and then be told the next day only im in the wrong. I understand why you would jump to such an establish users defence but its also very biased.
Anyway, thank you all again for the help this morning. Hopefully i can now pull enough information together to deal with this.
Take care.0 -
Newdaddy83 wrote: »I understand why you would jump to such an establish users defence but its also very biased.
Anyway, thank you all again for the help this morning. Hopefully i can now pull enough information together to deal with this.
Take care.
It is very bias and you know why, coupon-mad is probably the only person in the UK who has the knowledge to beat these scammers.
All of us have learnt from coupon-mad and that is why people win.
I was in court helping someone last week and I relied on coupon-mad for advice. The advice was so good, that the person I was with zapped the PPC and was awarded costs.
That's what I call bias ?0 -
That's genuinely a great thing that they know so much and have helped so many, but ive never questioned their past or future actions.
Im really not sure what point you're trying to make, i said there will be bias because they are an established contributor. You said they helped you last week, your jumping to their defence because of that. Separate yourself from last week though, or the week before. What does any of that have to do with me or me being sarcastic? Do they get a golden pass for all posts. I get loyalty and wanting to defend them because of past actions but the point i was making is that many times people will defend them due to this irrespective of whether i was actually wrong or right.
Anyway, im not getting into this anymore. Ive explained myself and im not gonna carry this on and let it become more than it needs to.0
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