Napier Parking - missed 1st letter

alfrescom

Coupon-mad said:

Ignore them. Nothing will happen.

People who pay are funding the next PCNs against less well informed victims. Don't support or sponsor this business model just for a quiet life and to avoid waste of paper debt demands.

Thanks.  So you'd ignore it, not even respond? 

My MPs assistant also replied, asking for the relevant legislation in Scotland, so I will reply to them.

Coupon-mad

asking for the relevant legislation in Scotland, 

Yep, as I said here, earlier in your thread:

https://forums.moneysavingexpert.com/discussion/comment/78623985/#Comment_78623985

Suggested legislation change timeline here, in the recent final consultation:

https://www.gov.uk/government/consultations/private-parking-charges-discount-rates-debt-collection-fees-and-appeals-charter-further-technical-consultation/private-parking-charges-discount-rates-debt-collection-fees-and-appeals-charter-further-technical-consultation

alfrescom

Suggested legislation change timeline here, in the recent final consultation:

https://www.gov.uk/government/consultations/private-parking-charges-discount-rates-debt-collection-fees-and-appeals-charter-further-technical-consultation/private-parking-charges-discount-rates-debt-collection-fees-and-appeals-charter-further-technical-consultation

Thanks so much

alfrescom

Hello all,

Despite me advising Napier Parking that I live in Scotland, was not the driver of the car, and by Scottish law do not need to disclose who the actual driver was - I have today received a solicitors letter from a company claiming to be "specialists in Legal Recoveries".

They say they have been instructed to recover the debt from me, to the value of £160 (£100 "FCN Charge", plus their clients debt recovery costs of £60), and that they require full payment by a date in March, or they will "proceed to our legal process, and the next contact from us could be a Letter of Claim, following which our client can instigate legal proceedings against you"

Any advice on how I should respond to this - I have had others telling me to ignore it, but I don't feel like ignoring a solocitors letter is a very good idea?
Really appreciate any advice - I'm currently looking through the forum for other responses from people to this firm

D_P_Dance

plus their clients debt recovery costs of £60)

This amounts to double recovery and Judges all over the country are dismissing these spurious additions. Indeed some judges have dismissed entire claims because of this. Read this and complain to Trading Standards and your MP,

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V Excel v Wilkinson.pdf?dl=0

However, VCS appealed this so it may not apply in all cases, read this

https://www.dropbox.com/s/ntksx9g7177ahyg/VCS v Percy v1 Amendments (2).pdf?dl=0Also read this

https://forums.moneysavingexpert.com/discussion/6279348/witness-statements-2-transcripts-re-parking-firms-false-costs-recorder-cohen-qc-judgment-2021/p1

Also consider complaining to The SRA about the solicitor, if one is involved They are fully aware of the unlawful nature of most of thse additions yet persist in adding them..

https://www.sra.org.uk/consumers/problems/

alfrescom

Ok, thanks.
Just not sure what I will say in reply to the solicitors themselves though

Redx

alfrescom said:

Ok, thanks.
Just not sure what I will say in reply to the solicitors themselves though

Is it from a Scottish solicitor or an English solicitor ?

You really should provide better information if you need help

Any reply to the scottish solicitor would say what you just told us above , obvious really !  No liability under Scottish law

You can ignore letters from England , you already know that , because your laws and procedures are different , English solicitor letters are not part of the process in Scotland

I don't understand why you didn't just redact the latest letter and post a picture ( a picture paints a thousand words )

Coupon-mad

Which roboclaim 'legal' is writing to you?

alfrescom

Thanks for the comments! I'll (try) and post a redacted copy of the letter.

The company is BW Legal, who are English based. I live in Scotland, and the alleged parking offence happened in England last summer

alfrescom

Here's a redacted copy of the letter (hopefully!)
I feel like I should reply, no? Even if just to say that I have already advised their client that I was not the driver, and as a resident of Scotland, would not have to disclose who was, even if I knew?