BW Legal Letter, Napier Parking Willen Lake Milton Keynes HELP

Umkomaas

Thanks all. 
New email account created as suggested.
So just email for now and then wait for court papers to arrive? What shall I say and not say in email?

This ....

I wanted to contact you to let you know that I was the keeper of the vehicle and drove into the car park

Why on earth are you writing to BWL at the debt collector stage?  What are you hoping to achieve?

Redx

That is a driver's story of the events , not a keepers story of events , you were told to compose the latter , numerous times in fact

As mentioned in earlier posts , a driver who drives onto a pay and display car park should pay the advertised charge , whatever the circumstances , if they exceed any reasonable grace period as defined by signage or a code of practice , be it council or private

The driver should have checked and paid the tariff , it's about contract to park on a pay and display car park , not fairness , no doubt Gosh would expect people to pay if using their car park ? Whatever the reason , this is no different

The keeper subsequently received a NTK and had the opportunity to pay Napier but has failed to do so , so has failed to rectify the situation and any appeal for mitigation should have been done at that point , both with Napier and with the landowner

B w legal take instructions from their client Napier , which in this case is non payment on a pay and display car park and writing to them won't change anything

I see no offer of restitution or settlement regarding the actual core issue , which is not the phone call or the inferred medical issues requiring mitigation , there is no profit in accepting this

Try writing a keeper based letter , from the keeper s perspective , if replying at all

forumgeek23

Umkomaas said:

Thanks all. 
New email account created as suggested.
So just email for now and then wait for court papers to arrive? What shall I say and not say in email?

This ....

I wanted to contact you to let you know that I was the keeper of the vehicle and drove into the car park

Why on earth are you writing to BWL at the debt collector stage?  What are you hoping to achieve?

Because coupon-mad told me to. Told me earlier in this thread that due to mitigating circumstances to email them. Oh dear, different points of view so I'm a little confused now. 

forumgeek23

Redx said:

That is a driver's story of the events , not a keepers story of events , you were told to compose the latter , numerous times in fact

As mentioned in earlier posts , a driver who drives onto a pay and display car park should pay the advertised charge , whatever the circumstances , if they exceed any reasonable grace period as defined by signage or a code of practice , be it council or private

The driver should have checked and paid the tariff , it's about contract to park on a pay and display car park , not fairness , no doubt Gosh would expect people to pay if using their car park ? Whatever the reason , this is no different

The keeper subsequently received a NTK and had the opportunity to pay Napier but has failed to do so , so has failed to rectify the situation and any appeal for mitigation should have been done at that point , both with Napier and with the landowner

B w legal take instructions from their client Napier , which in this case is non payment on a pay and display car park and writing to them won't change anything

I see no offer of restitution or settlement regarding the actual core issue , which is not the phone call or the inferred medical issues requiring mitigation , there is no profit in accepting this

Try writing a keeper based letter , from the keeper s perspective , if replying at all

Thanks for the effort you've put into replying! In terms of email what about the below:-

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

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

Thanks in advance.

Ralph-y

" This phone call was from GOSH (Great Ormond Street) regarding their child’s chemo."

maybe something like ' this phone call was an important and serious call from GOSH (Great Ormond Street) regarding their child’s chemo, and the driver was under much stress with regards to all the issues surrounding this matter'

Ralph

D_P_Dance

Read this

https://www.cheshireeast.gov.uk/car_parks_and_parking/penalty_charges/how_to_appeal_against_a_pcn/mitigating_circumstances.aspx

Umkomaas

forumgeek23 said:

Umkomaas said:

Thanks all. 
New email account created as suggested.
So just email for now and then wait for court papers to arrive? What shall I say and not say in email?

This ....

I wanted to contact you to let you know that I was the keeper of the vehicle and drove into the car park

Why on earth are you writing to BWL at the debt collector stage?  What are you hoping to achieve?

Because coupon-mad told me to. Told me earlier in this thread that due to mitigating circumstances to email them. Oh dear, different points of view so I'm a little confused now. 

OK - I see where you're now coming from, although the main thrust of my input you've now adopted - ie, not identifying the driver. 

In your letter I would change 'chemo' to it's full 'chemotherapy', as often I feel that somehow 'chemo' understates the seriousness. Maybe it's just me, but for what it's worth .......  

I'd also expand on your child's actual condition and how it affects them, how long they have been undergoing treatment. Lay it on quite thick. 

I wouldn't mention anything about the driver 'never leaving the vehicle' as 'not leaving the vehicle, therefore it isn't parking' is frequently, yet erroneously, argued - it is a complete urban myth.  It is only likely to make that an argument against you; it doesn't help. 

Redx

forumgeek23 said:

Umkomaas said:

Thanks all. 
New email account created as suggested.
So just email for now and then wait for court papers to arrive? What shall I say and not say in email?

This ....

I wanted to contact you to let you know that I was the keeper of the vehicle and drove into the car park

Why on earth are you writing to BWL at the debt collector stage?  What are you hoping to achieve?

Because coupon-mad told me to. Told me earlier in this thread that due to mitigating circumstances to email them. Oh dear, different points of view so I'm a little confused now. 

Coupon mad said them , she didn't specify which them she meant , you have assumed it was b w legal from her answer !

Personally I would be trying to use your amended letter with the landowner because we always say that a landowner cancellation is best , which should have been the priority from the day the NTK arrived

I am glad to see that you understand the difference between owner , keeper and driver , blabbing about matters does not always help and in this case the amendments above are better , I hope you realise that the owner was defrauded or deprived of the legitimate parking fee for the time the vehicle was on site ? It's a business and they rely on that money

ps:- current ongoing court case for that location from a pcn issued in 2018

https://forums.moneysavingexpert.com/discussion/6123681/new-mcol-n1-court-claim-filed-by-bw-legal-re-parking-fine-by-napier-parking-in-2018/p1