Napier Parking - Waterlooville, Hampshire - Now BW Legal

beamerguy

privatepilot said:

Hi All,
sorry for the delay, and received a latter in the post today. They gave issued a letter of claim, giving me until 3rd November 2020 to pay £150.00 or reply with a response. Failure to do so they will initiate county court case and provided the estimated costs. 

The council never provided information on the landowner (it is known locally within the community that the land is owned by a single business man, who makes a living off these parking charges). 

What are the suggested next steps? 

You have a letter before claim and with the letter should be proof of the claim.  Forms will be provided whuch you ignore.
They are claiming £150 and how do they explain this ....... are you sure it's not £160

As said above, push the council for the information required and back it up with a FOI request. You can easily do this online ..... type into google "WHAT DO THEY KNOW" and you can do it online

Who is the person you refer to as earning a living from parking tickets and if so, it would mean that Napier are paying him ?

Coupon-mad

Just do what the NEWBOES thread tells you.  And when you get a court claim, that heralds your chance to win and end this scam!

PLEASE PLEASE PLEASE do this as well, this week before it's too late:

CHANNEL YOUR ANGER ABOUT THIS PATHETIC CHARGE TO CHANGE THE WAY THE PARKING INDUSTRY WORK:

CALLING ALL NEWBIES! 

 

An urgent task – deadline approaching in a week or so:

Please now make a real difference because not enough people have yet, and time is running out. 

The Government is consulting for just a few more days, about a new statutory code of practice (CoP) and framework intended to rein in the rogue parking firms. 

Does it go far enough?  Read and comment on the draft CoP proposal and the enforcement framework consultation (two separate consultation documents).

HOW TO DO THE SUBMISSIONS:

BSI PAS 232 – COMMENTING ON THE CODE OF PRACTICE AS DRAFTED:

1.    You will need to register then log in, to comment on the CoP and enter an occupation even if you are retired or a homemaker.  

 

2.    Register, log into the BSI page, and download & read the cover letter here:

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

 

3.    Read the cover letter again and note the suggested extra questions... if you agree that, say, the 'loading/unloading and dropping off, asking for directions, and disabled people parking on double yellows as they can on street' activities listed should be exempt (not parking events, what do you think?) then please go to the Annexes at the end of the PAS Code and find the one about Exempt Vehicles and state what other activity you think should be added to the exempt list. 

 

4.    Download the PAS itself and start commenting on what you wish to say something about.  Quick links to each section appear on the left of your page. 

 

You don’t have to comment on everything, e.g. you might want to skip the definitions and focus on later sections, and certainly look at the Annex tables at the end that show things like consideration & grace periods and exemptions.

 

5.    Submit comments when you are happy with them. Don’t just ‘SAVE’ and forget!

 

THAT IS HALF THE JOB DONE!

THE MHCLG CONSULTATION IS EASIER AS IT IS JUST A LIST OF QUESTIONS. 

 

6.    You can do it first if preferred or pushed for time:

https://forms.office.com/Pages/ResponsePage.aspx?id=EGg0v32c3kOociSi7zmVqAVPfAOtwRxLhHRwQ610oElUMzhQSVo0WUQ4SERVSEZaUU9DTUhFQ1VMUy4u

If your answers exceed 4000 characters (approx. 500 words to a single question or 16000 words (approx. 2500 words) for all the questions below, you can email your answers to parking@communities.gov.uk as long as you state who you are.

THESE ARE THE QUESTIONS YOU WILL SEE, FOR RESPONSES TO THE FRAMEWORK:

Q1 Do you agree or disagree that members of APAs should be required to use a single appeals service appointed by the Secretary of State?

Strongly agree/Somewhat agree/Neither agree nor disagree/Somewhat disagree/Strongly disagree

 

Q1.1 Please explain your answer

(free text)

 

 

Q2 Please provide any other feedback on the determination of appeals, including the funding model and features that an appeal service should offer e.g. telephone or in-person hearings, the ability to submit evidence online

(free text)

 

Q3 Please provide any comments you have on the proposal to enforce the Code by combining the ATA’s existing audit procedures with additional safeguards.

(free text)

 

Q4 Please outline any alternative means by which the Code could be monitored and enforced. You may wish to cite evidence from other regulatory frameworks which are relevant.

(free text)

 

Q5 Please provide any feedback you have on the proposed governance arrangements for monitoring the new Code of Practice

(free text)

 

Q6 Which parking charge system is most appropriate for private parking?

 a) the Three-tiered system

 b) Mirroring the Local Authority system

(free text)

 

 Q6.1 Please explain your answer. You may, for example, wish to make reference to other deterrent frameworks (for example, for railway tickets or traffic violations)

(free text)

 

 

Q7 What level of discount is appropriate:

40% as is currently offered in private parking and suggested in the three-tiered system, or

50% as is offered in Local Authority parking?

a) 40%

b) 50%

 

Q7.1 Please explain your answer, including whether the discount should be set at a different level

(free text)

 

 

 Q8 How should the level of parking charges be set and how should the levels be revised in future?

(free text)

 

 

Q9 Do you agree or disagree in principle with the idea of the Appeals Charter?

Agree/Disagree

 

Q9.1 Please explain your answer

(free text)

 

 

Q10 Do you agree or not that the examples given in the Appeals Charter are fair and appropriate? Agree/Disagree

 

Q10.1 Please explain your answer.

You may wish, for example, to suggest additional cases to be covered in an Appeals Charter or query existing examples.

(free text)

 

Q11 Do you agree or disagree that the parking industry should contribute towards the cost of the regulation?

Agree/Disagree

 

Q11.1 Please explain your answer.

(free text)

 

YOU CAN INSTEAD GIVE MORE CONCISE ANSWERS ONLINE, USING THE MHCLG PAGE LINK.

Don’t forget that answering these questions is the easier bit…

Looking at the BSI PAS (the draft code of practice itself) involves logging in and submitting comments again, and again and again and takes more time!

There is a discussion about PAS submissions and what the pages look like, here:

https://forums.moneysavingexpert.com/discussion/6195417/am-i-doing-something-wrong/p1

 

privatepilot

beamerguy said:

privatepilot said:

Hi All,
sorry for the delay, and received a latter in the post today. They gave issued a letter of claim, giving me until 3rd November 2020 to pay £150.00 or reply with a response. Failure to do so they will initiate county court case and provided the estimated costs. 

The council never provided information on the landowner (it is known locally within the community that the land is owned by a single business man, who makes a living off these parking charges). 

What are the suggested next steps? 

You have a letter before claim and with the letter should be proof of the claim.  Forms will be provided whuch you ignore.
They are claiming £150 and how do they explain this ....... are you sure it's not £160

As said above, push the council for the information required and back it up with a FOI request. You can easily do this online ..... type into google "WHAT DO THEY KNOW" and you can do it online

Who is the person you refer to as earning a living from parking tickets and if so, it would mean that Napier are paying him ?

I’ll check the total amount they’re claiming but I think it is £90 (original fine) plus £60 legal fees for not paying the fine etc. 

I’ll push the council again and also follow the FOI request. I’ll read up on the newbie thread as well on what steps next to take and revert with any questions or issues 

Redx

privatepilot said:

beamerguy said:

privatepilot said:

Hi All,
sorry for the delay, and received a latter in the post today. They gave issued a letter of claim, giving me until 3rd November 2020 to pay £150.00 or reply with a response. Failure to do so they will initiate county court case and provided the estimated costs. 

The council never provided information on the landowner (it is known locally within the community that the land is owned by a single business man, who makes a living off these parking charges). 

What are the suggested next steps? 

You have a letter before claim and with the letter should be proof of the claim.  Forms will be provided whuch you ignore.
They are claiming £150 and how do they explain this ....... are you sure it's not £160

As said above, push the council for the information required and back it up with a FOI request. You can easily do this online ..... type into google "WHAT DO THEY KNOW" and you can do it online

Who is the person you refer to as earning a living from parking tickets and if so, it would mean that Napier are paying him ?

I’ll check the total amount they’re claiming but I think it is £90 (original fine) plus £60 legal fees for not paying the fine etc. 

I’ll push the council again and also follow the FOI request. I’ll read up on the newbie thread as well on what steps next to take and revert with any questions or issues 

That makes sense , because the usual unlawful recovery charge of £60 has been added , double recovery , disallowed !!

Coupon-mad

£60 is not 'legal fees' it is just an enhancement/double recovery and is not allowed, for all the reasons stated in the template defence and the examples Witness Statement.

Le_Kirk

Coupon-mad said:

CHANNEL YOUR ANGER ABOUT THIS PATHETIC CHARGE TO CHANGE THE WAY THE PARKING INDUSTRY WORK:

CALLING ALL NEWBIES! 

 An urgent task – deadline approaching in a week or so:

Please now make a real difference because not enough people have yet, and time is running out.  

When you have completed the consultations, both for PAS 232 and the Code Enforcement Framework, please let us know.

It does take a bit of time for the PAS 232 although you can comment and save and then go back and review/submit later.  The Code Enforcement Framework Consultation is a bit quicker.

To date there have been ONLY 559 (as of Sunday 4th October) comments on the PAS (it is not possible to collect statistics for the Code Enforcement Framework Consultation as far as I know).  I have made over 20 comments and I know other regulars have made comments and some posters have stated they will but if we take an average of 10 comments per person, that is approximately 55 people.  If motorists are to have their say, more of you need to do this.

As we always remind you when advising you on parking appeals and small claims court hearings - do NOT miss this deadline!

privatepilot

Coupon-mad said:

£60 is not 'legal fees' it is just an enhancement/double recovery and is not allowed, for all the reasons stated in the template defence and the examples Witness Statement.

Thanks all for the advice, I will start submitting the FOI to the council and try and get the landowner information.
I will be submitting the SAR request to Napier Parking for the info as per the newbie thread and also sending the email to BW Legal informing them of this regards the SAR as per the thread. 
But yes as above the £60 is double recovery and not legal fees, sorry for the confusion. 
Is there anything else I require to do?

privatepilot

Update  - 
I went to request an FOI with the council of the site but seen someone had already requested the most up to date Business Rates for commercial properties, of which this car park was listed, it was made in July 2020 (attached). This has the property down as empty since 2016, and/was with a company which is now liquidated (liquidation status on companies house). What steps shall I do now? Ask for the council to confirm this is correct still?
Address in the attached document is 

CURZON ROAD

WATERLOOVILLE

HANTS

PO7 7NS

Thanks

Le_Kirk

There are two entries for Curzon Road (with different postcodes) one at row 12 and one at row 2805 in the Excel spreadsheet.  Are you sure you have the right one?  If you do have the right one, with whom do the parking company have a contract?

nosferatu1001

Well if your claim is frmo after july 2020 I would want the most up to date one. 
A liquidated company cannot hold any contracts, so they cannot have landholder agreement IF the claim was pre july 2020 and post whenever the company was liquidated.