BW Legal Letter, Napier Parking Willen Lake Milton Keynes HELP

forumgeek23

Hi all,
A ticket was received by a keeper of a vehicle by Napier Parking on the 1st of Feb as the driver of the vehicle had driven into car park for 22 minutes. The driver of the vehicle received a phone call related to his little boys cancer treatment (GOSH) and talked to them for 15 min or so and then drove back out. Then a ticket was received  and subsequent letter. Following this the keeper of vehicle has just received a letter from BW Legal asking for £160 (£100 PCN and £60 debt recovery charge). Do any of you have any advice?
Thanks in advance!

Redx

It's a debt collection letter

The driver should have paid a parking charge on the day

Seeing as no payment was made Napier sent a PCN to the keeper with the default tariff listed plus a discount for payment

Why was no payment made on either occasion ?

If you ignore the debt collector letter you will probably receive a court claim pack from the CCBC in Northampton

Fruitcake

You should edit your post to remove information about who did what. Only ever refer to The Driver and The Keeper, who are two different people as far as the law is concerned. 
Do this before you do anything else.
Parking scammers read this forum.

As above, The Driver should have paid to park. The Keeper should have appealed. 

Treat it as a LBC and expect a court claim to follow. 
Follow the guide to court written by bargepole that you will find in the second post of the NEWBIES.

Complain to your MP about this unregulated scam.

beamerguy

forumgeek23 said:

Hi all,
I was sent a ticket by Napier Parking on the 1st of Feb as I drove into car park for 22 minutes. I received a phone call related to my little boys cancer treatment (GOSH) and talked to them for 15 min or so and then drove back out.  I then received a ticket and subsequent letter. Following this I have just received a letter from BW Legal asking for £160 (£100 PCN and £60 debt recovery charge). Do any of you have any advice? I've looked at other cases but to say I'm confused is an understatement.
They are offering an instalment plan for £15 per month and seem to want me to log in and join their website.
Thanks in advance!

YOU ARE BEING SCAMMED BY BWLegal.   You DO NOT owe £160, they know it, now you know it, and the courts certainly know about the BWLegal scam, hence they spank BWLegal
Don't even consider paying them especially offering an installment plan on a FAKE CLAIM

As said IGNORE this BWL rubbish letter and read up all about the ABUSE OF PROCESS SCAM

Abuse of Process ... District Judge tells BWLegal
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal/p1?new=1

ABUSE OF PROCESS THREAD PART 2 can be seen here
https://forums.moneysavingexpert.com/discussion/6103933/abuse-of-process-thread-part-2/p1?new=1

And although as said above, it is junk to ignore, if you want some fun right now, send the letter you can see in this thread ....
https://forums.moneysavingexpert.com/discussion/6129744/bwlegal-the-scam/p1?new=1

Coupon-mad

Why do people drive into private car parks to take phone calls?!  It is the LAST place to go and is not safe, whereas streets are OK. 

Next time, pull over on street into a bay or on a yellow line (even on a double yellow because it IS OK to stop on them as long as there are no 'kerb blips' and loading ban signs) and not on zig zags or a red route.  The public highway is where a car should pull over to take a call.  Never private land.   And if you have no choice but to be on private land, then look at the signs while talking and pay the PDT machine fee!   The fact you were in the car doesn't exempt you.

However, this can be fought and there is nothing to pay.  DO NOT offer money, do not phone them.

Email and explain the facts now, in pre-court communications as Judges like to see you explained the facts and engaged with them at this stage, especially with mitigating circumstances like yours.    So email them and no giving a phone number and no showing them your driving licence or passport as intrusive ID!  Obviously...

Well worth fighting when they serve a small claim (they will) and yet this DOES NOT affect your credit rating, nor expose you to a CCJ or high costs, as long as you don't ignore the claim.  We get so bored telling people that fact!  People always panic, but it is NOTHING.  Think about the small claim as the ultimate fair 'appeal' with no risk.  We fight these with a template defence and evidence, and we win 99% of the time.

forumgeek23

@Coupon-mad thanks for your help. Agreed stupid place to pull over for call but the call came through just as the driver was going past the car park and the driver used to live in MK (moved away) and was in town to see friends and hadn't realised this car park had massively changed, both in scale and payment (4 yrs or so since they had visited Willen).

Please may I ask more about the email as this seems like the next step. Does the keeper or driver email them? 

So to summarise the keeper or driver should email BW Legal now and then do nothing else until he/she receives the court papers?

Thanks again for your help. Conscious you must get asked the same questions all the time so apologies.

nosferatu1001

The KEEPER is involved, never the owner
The driver takes no part in this whatsoever
The KEEPER givs their name
The KEEPER is the person in day to day chagre of the vehicle, and of course may not have been the driver, because cars can be driven by lots of peopole. 

Umkomaas

Does the owner or driver email them and should the email give names of owner? 

The keeper (the person named in the correspondence from Napier and BWL). 

The email address of the owner gives his name away straight away btw so if you're saying no then the owner will have to get a new email address.

Get and use a throwaway Gmail address for use only in respect of this PCN. It's something everyone faced with a PCN should do, in my opinion. Never use your day-to-day one. 

nosferatu1001

Why not write it and post it here for critique.

D_P_Dance

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 has been known to get the charge cancelled.

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, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, 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.

forumgeek23

Hi all - in terms of the email to BW Legal, how does the below look (before I send it)? I cannot prove the call itself as I refuse to bother the person I was on the phone with but I have a hundred letters from GOSH confirming my son's treatment.....

In reference to the parking violation on the ……… I wanted to contact you to let you know that I was the keeper of the vehicle and drove into the car park to take a 15 minute phone call. This phone call was from GOSH (Great Ormond Street) regarding my child’s chemo. I used to live in MK and the last time I drove into a car park in this area things were very different and no tickets were needed. I took this call and then immediately left having never left my vehicle.

Under the circumstances I don’t think it is fair to be charging me for a parking ticket when I never left my vehicle and literally took a quick phone call.

Thanks.