Napier/BW Legal ticket paid for but incorrect car reg entered

Ibulis

Hello,
Earlier this year (more than 6 months ago) I paid for a parking ticket using Ring Go - unfortunately I entered my car registration incorrectly. I did not receive a PCN from Napier. What I did receive just a few months ago was a letter from bwlegal telling me that I now owed £320 for non payment. I have since sent them the Ring Go receipt, a screenshot of my bank statement to show the debit and an explanation of the circumstances. All to no avail. The latest letter I received from bwlegal is called a 'Letter of Claim' and they are now adding 'Estimated' interest, court fees, etc.

I would welcome advice about which of the templates provided I should be using to defend myself or help build my case as I am willing to go to court to defend myself against their bullying tactics.

Le_Kirk

What were you advised when you read the NEWBIE sticky?  There is only one template in there (in Blue) and it is too late for that if you have received letter of/before claim.  You need to read the second post of the NEWBIE sticky which is all about the pre-court and court process.

Coupon-mad

Sounds to me that your car was registered to an old address, hence receiving no letters from Napier until BW traced you.  If I am right, you MUST respond telling BW and Napier (both) to erase your old address from their databases and confirming which is your correct address for service of the claim form.

You can do that at the same time as emailing Napier for the SAR that the NEWBIES thread tells you all about, in the section that answers all your questions about pre-court stage and post-claim/defence/witness statements and how to win.

There is only one template defence (except for P/Eye cases) so there is no issue there, and you are not at defence stage yet.

Chico_talent

I am currently going through the court process for incorrect reg number. Have a look at my thread ad I've had quite about of help from people on here. I recently posted my court bundle with have my defense which you may find an interesting read. 

Ibulis

Hi there - thanks for the replies and advice, especially from Chico_talent. 

D_P_Dance

do not hesitate to complain to your MP, wanting £100 for slip of the fingers is trivial, read this

https://en.wikipedia.org/wiki/De_minimis#:~:text=De minimis is a Latin,refuses to consider trifling matters.

 

Chico_talent

Ibulis said:

Hi there - thanks for the replies and advice, especially from Chico_talent. 

Thank you

Ibulis

Hello,

I am now putting together my court bundle and wondered if anyone would have time to take a look at my Witness statement and advise if it reads correctly or if it looks like something is missing? It's based on the one Chico_talent kindly provided so I've only included the 'Facts and sequence of events' part and anonymised it. I will post my defence separately. My court date is 01/11/24 and I think I have to send in everything by 18/10/24 (i.e. 2 weeks before). I'd be grateful if someone could confirm that.

WITNESS STATEMENT OF DEFENDANT

 1.     I am XXX of XXX and I am the defendant against whom this claim is made. The facts below are true to the best of my belief and my account has been prepared based upon my own knowledge.

 2.     In my statement I shall refer to exhibits within the evidence supplied with this statement, referring to page and reference numbers where appropriate. My defence is repeated, and I will say as follows:

 Facts and sequence of events

3.   On 29th February 2020 I paid for two days parking at Milton Keynes train station. This was so that I could travel by train to Birmingham and then fly to Belfast where I was due to spend my birthday weekend with friends.

4.   I paid £20.15 using the RingGo app on my phone (see Exhibit ASF1 which is a VAT receipt from RingGo).

5.   When BW Legal first informed me of a PCN I did contact Napier parking directly to appeal the claim but was informed by them that I’d missed the deadline to do so.

6.   The reason I’d missed the deadline is that the FCN from Napier Parking was sent to an old address (see Exhibit ASF4).

7.   There was no parking contravention notice placed on the windscreen of my car when I returned to collect it so I was unaware that a PCN had been issued.

8.   I initially thought the reason for the PCN was that I’d mistakenly entered a ‘0’ instead of an ‘O’ when entering my licence plate details. However, looking at the VAT receipt it would appear this is not the case, I had mistakenly entered two ‘O’s instead of two ‘5’s.

9.   The FCN details describe the contravention as ‘Failure to clearly display a valid ticket/permit’ (see Exhibit ASF2) and Exhibit ASF3 shows a photo of the front of my car with an out-of-date parking ticket inside the windscreen. It’s my belief that neither of these pieces of evidence are applicable as when a driver pays using an app on their phone they do not receive a printed ticket and the ticket in the photo is not for MK Station carpark nor was it issued by Napier parking.

10.   My RingGo payment was for location code 8672. I was informed by BW Legal that this location code does not relate to MK Station carpark but as you can see in Exhibit ASF7 this location is at MK station and my car is clearly parked in a car park.

11.   BW Legal provided a photo (Exhibit ASF5) of a ticket machine showing the location 2195. As you can see if you compare Exhibits ASF7 & ASF8 this is in almost the identical location to location 8672.

12.   Napier Parking stated that I had not paid for the correct location in their letter dated 10 June 2020 (Exhibit ASF6) and I dispute this.

13.   Neither BW Legal nor Napier parking have provided evidence of following this up with RingGo to resolve the dispute nor was any evidence provided that the parking attendant had checked my licence plate with RingGo.

Coupon-mad

Using an ancient WS from 2021 is far too old.  Start again.

Recent good ones are by:

@Defendant911

@Milliered

@Harry77

Ibulis

I received the Notice of Allocation to the Small Claims Track (Hearing) on 12 August 2024. This informed me that the hearing will take place on 1 November 2024. BW Legal have paid the trial fee so I'm assuming the hearing will go ahead. It also informs me that I must deliver all the documents that I want to use at the hearing to BW Legal and the court no later than 14 days before the hearing, so I have until the 18th.

My Qs for now:

Can I email the court or do I have to post all the documents?

Do I have to use MCOL at this stage or is it unnecessary now?

Do I have to send my defence to ClaimResponses.CNBC@justice.gov.uk?

Apologies if all this is answered elsewhere, I am neurodivergent and finding the mixture of bold/underlined/ALL CAPS extremely confusing to navigate!

LDast

MCOL and the CNBC have nothing to so with your case anymore. Your case is with your local court and all comms must be with them. You can email your WS as a PDF to the court and address the same email to the claimants solicitor.

The only likely restriction is that your WS and all attachments must be 50 sides of A4 or less and the file size should be under 25Mb. If it exceeds those limitations and you can't reduce to within the requirements, then you'll have to print and send your WS to the court by post or hand deliver it. You can still send the copy of it to the claimants solicitor as a PDF attachment by email.