Received an email stating I had failed to pay parking ticket

ravnablue

Hi, I have received great advice in the past, so thought I would again ask.  A strange one - I received an email yesterday afternoon from BW Legal stating - "We have been instructed by Napier Parking Limited in relation to the balance due for the above Fixed Charge Notice (`FCN`). The balance due includes the £100.00 FCN charge, plus our client's debt recovery costs of £60.00, which are detailed in the FCN and/or our client's terms and conditions. These are clearly displayed on our client's signage at the contravention location. As you have failed to either make payment, or raise a valid appeal that resulted in your appeal being upheld, the balance due remains outstanding and we require payment in full by 30 December 2021. 

We understand this is a difficult time and that this may be an oversight, so we wanted to let you know that we are available to assist. We have numerous methods available for you to contact us, from our contact centre, webchat and our customer portal. However, if you fail to make payment or contact us to discuss repayment, or provide reasons for non-payment by 30 December 2021, further collections activity (which could be, where relevant, letters, emails, calls, SMS) will continue".

They had my name, registration number, date and location of parking - and I had indeed parked there on that date.  However, I purchased a ticket using coins.  There was no FCN affixed to the vehicle on my return.  I have heard nothing since.

I had a certain thought - I moved two years ago and I might have forgotten to update my logbook (not intentionally - divorce, stress etc, just an oversight) so I don't know if anything has gone to previous address. (I've looked today and of course I can't locate it, that would be too easy.)

I contacted them today and asked them how did they get my email address and I had no idea what they were talking about.  They refused to talk to me unless I gave them my address.  I refused.  I asked to speak to a manager, they refused, again unless I gave them my address, quoting data protection at me. 

Could you advise how I should proceed please? Obviously I will chase up my registration document.  Many thanks.

Coupon-mad

You've obviously missed the PCN and other letters due to the old address and must email a data rectification to the DPO at Napier AND to BW Legal. 

Too late to appeal, you will also need a SAR (see NEWBIES thread 2nd post).

You will get a court claim in 2022 but they are eminently winnable, date I say an exhilarating experience

ravnablue

Hi, thanks for responding.  So the PCN would not have been affixed to my car but sent in the post? I've not heard of that before.  
I will look at the SAR.
It's been a very long time since I last went to court - and I can't say they were exhilarating experiences lol.....(ex job)

Redx

stackhouseoj said:

Hi, thanks for responding.  So the PCN would not have been affixed to my car but sent in the post? I've not heard of that before.  
I will look at the SAR.
It's been a very long time since I last went to court - and I can't say they were exhilarating experiences lol.....(ex job)

Post has been used for at least a decade !!

Sometimes a PCN or FCN is put on a vehicle , but most are a postal PCN , no windscreen PCN NTD !

Follow the advice by coupon mad above

Coupon-mad

Ah you'd be great then, and most are over the phone now anyway.

Do read the NEWBIES thread and get them both to erase the old address (BW Legal have both addresses, and right now could choose to file a claim to the old one if you are silent).

Not a safe data position to ever let a PPC or their agents have an old address, sort that out urgently.

No need to show us template letters like that one you quoted. Seen it all before, read some BW Legal threads.

D_P_Dance

our client's debt recovery costs of £60.00,

They have added what appears to be an extra unlawful amount of £60 for debt collection. Judges have dismissed an entire claim because of this. Read this and complain to 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%20Excel%20v%20Wilkinson.pdf?dl=0

Also read this

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

ravnablue

Now - thank you for everyone's response so far - but it gets stranger....

I've just spoken to DVLA as I found my V5C2 from the garage - a new car at the time, but not the log book. DVLA have not got either of my addresses -my old one or my current- and indeed it is not even registered to me!  I am obviously going to complete the form to address this.  
Therefore - how on earth have BW legal got my name and email address? Do I still respond as advised?  I'm confused...
Like I said before, no intent here to not legally register etc.

Coupon-mad

They got it from the garage who sold it to you, who have received the letters up till now.

Getting a new keeper address this way doesn't meet the POFA and nor does not starting again and failing to send you a NTK from scratch.  You haven't had a PCN!  They can't just start with inflated debt demands if you've only just been named as keeper.

Hmmmm...just thinking about what would happen if you didn't respond but I expect the garage also gave them your old address, and a letter is sitting there.

Huge danger of a default CCJ within weeks unless you correct the postal address data and ask for a NTK to appeal as this is the first you've heard of it and clearly there is no keeper liability.

DO NOT show them ANY DVLA correspondence.  Just do the above.

ravnablue

Got it! Thank you.  Will do and thank you for your time once again.

ravnablue

Hi, well, I hoped not to be back here again - following on from before - BW Legal sent the letter of claim recently.  I have returned the form with just the tick against i dispute the debt.  This was sent on Sunday 25th June which had been the last day.
I have been trying to put together the defence to send off.  What is the claim number? Could you look at my draft response please?  Do I include all the paragraphs in the template form that follow ?

The facts as known to the Defendant: 

2. It is admitted that on the material date the Defendant was the registered keeper and driver of the vehicle in question. 

3. On the 16th June 2023, the Defendant was issued with a Letter of Claim, by email, for a total amount of £160; sent by BW Legal acting on behalf of the Claimant, Napier Parking Limited.  This relates to a Fixed Charge Notice of £100, issued against the Defendant’s vehicle xxxx xxx, almost two years ago on 15th September 2021.  The FCN was for ‘Failure to clearly display a valid ticket/permit’ at Willen Lake carpark in Milton Keynes on 18th August 2021. Is this out of date as past 14 days sent and is it the wrong offence listed as I had a ticket?

 

4. On the day in question, the 18th August 2021, the defendant attended Willen Lake to see a patient client.  This was the first time they had met in person, having previously had online consultations.  The defendant met with her client as they had been distressed about an upcoming medical appointment/procedure and personal reassurance was felt to be preferable.  The location was chosen as being roughly halfway between their homes.  The area was busy, unfamiliar and parking instructions highly confusing.  A ticket was purchased and correctly displayed on the left of the windscreen. (As seen in the photographic evidence subsequently provided by the Claimant following a SAR).  

5.  Do I admit to returning to the vehicle later than that on the ticket? As in, Upon returning to the defendant’s vehicle, the vehicle was checked for a parking ticket as the defendant was aware she had overstayed by about 30 minutes.  Nothing was seen.

6. On 15th November 2021, the defendant received a letter via email from BW Legal on behalf of the claimant.  This stated, ‘As you have failed to either make payment, or raise a valid appeal that resulted in your appeal being upheld, the balance due remains outstanding and we require payment in full by 30 December 2021’ and asked for ‘The balance due includes the £100.00 FCN charge, plus our client's debt recovery costs of £60.00’.  This was the first time the defendant became aware of the FCN. She subsequently phoned BW Legal who took her address and details and told her it was too late to appeal.  Following advice, the defendant asked for a Subject Access Request which was received 12th January 2022. Nothing further was heard from the company or claimant until the Letter of Claim was received 16th June 2023.  It is ironic that the claimant was unable to locate the defendant but passed it onto a recovery company, BW Legal, who located her very quickly.

7.  Explanation - At the time of the vehicle’s purchase (September 2018), the defendant was unaware that the garage had not registered her as the registered keeper. This was at a challenging time in the defendant’s marriage and she later became separated and moved home the following June, again not realising she did not have a v5.  The garage who were performing regular services on the vehicle and were aware of her change of address, did not fully update their systems – the service and purchase side of the business appear not to talk to each other.  Subsequently when the defendant attempted to sort this out, the garage still then registered the vehicle to her old address, making a complete mess of it all. 

8. The Defendant avers that the Claimant failed to serve a Notice to Keeper compliant with the Protection of Freedoms Act 2012. Consequently, the claimant cannot transfer liability for this charge to the Defendant as keeper of the vehicle. 

9.  This Claimant and location has been subject to many appeals and complaints.  So much so that it is reported online in the MKCitizen on the 19th April 2022 “private parking company refuses to change ‘confusing system’ at popular MK lake” and “strings of complaints from the public” and then on 28th April 2022 that “where large numbers of people have complained about unfairly receiving penalty fines over the years” the parking company would be changed to a different provider in May 2023.  Popular website Tripadvisor records comments of the terribly confusing parking and subsequent fines.

KeithP

ravnablue said:

I have been trying to put together the defence to send off.  What is the claim number?

You are getting ahead of yourself.
You haven't received a County Court Claim yet, have you?