BW Legal Napier Parking PCN

cearley02

I am aware of other threads which cover this, and have read them extensively but I haven’t read of any which are similar to my case. In June, I parked in Milton Keynes Station in a car park run by Napier. Displayed was a ‘Weekend Deal’ which ran from Friday till Sunday for £10 - when attempting to purchase this, none of the machines worked. Myself and a friend tried multiple machines with card and cash with no luck. Although it worked for regular tickets, these were extortionate so we kept trying for the weekend deal. When this failed, we went to the reception desk in the train station, informed them where we were parked and were then given the £10 ticket which I put in my windscreen. Around 10 days later I received a penalty charge notice, stating that the ticket i was given was invalid in Napier’s car park. Since then, despite appealing, I have received countless emails from BW legal demanding £160 and threatening court proceedings. I have since then reiterated my arguments twice, stating that I was forced to find other means of obtaining a ticket as the machines simply weren’t functioning properly. I’m a university student so really can’t afford this fine - is my case a valid one? I think it was a simple mistake by the member of staff in the station for which I am now suffering for. Any help/advice would be greatly appreciated !!!!

KeithP

Hello and welcome.

It sounds like you parked in one car park but the station ticket office sold you a ticket for a different car park.

Is that a possibility?

I'm guessing that the ticket office only sells tickets for one car park, but you parked in another car park.

cearley02

KeithP said:

Hello and welcome.

It sounds like you parked in one car park but the station ticket office sold you a ticket for a different car park.

Is that a possibility?

I'm guessing that the ticket office only sells tickets for one car park, but you parked in another car park.

Yes, that’s precisely what happened, but as it was my first time parking there I wasn’t aware that the car parks were run by different firms! 

KeithP

Then I'm not sure you can fairly blame the ticket office.

I suggest the keeper of the vehicle sends the blue text template appeal easily found in the first post of the NEWBIES thread.

Send it unchanged - no additions or alterations needed.

cearley02

KeithP said:

Then I'm not sure you can fairly blame the ticket office.

I suggest the keeper of the vehicle sends the blue text template appeal easily found in the first post of the NEWBIES thread.

Send it unchanged - no additions or alterations needed.

Wow, that thread is soooooo helpful ! Thanks, will adapt it slightly and use it 

Le_Kirk

cearley02 said:

KeithP said:

Then I'm not sure you can fairly blame the ticket office.

I suggest the keeper of the vehicle sends the blue text template appeal easily found in the first post of the NEWBIES thread.

Send it unchanged - no additions or alterations needed.

Wow, that thread is soooooo helpful ! Thanks, will adapt it slightly and use it 

If you adapt (even slightly) beware of giving away the driver's identity - do not use "I", "me" or "my".

ihatetrump

You might want to read excerpts of my thread here:

https://forums.moneysavingexpert.com/discussion/6238866/questions-about-schedule-4-of-pofa/p1

This is a FCN from Napier at the same car park - different circumstances and my case has now got to a likely court hearing next month.

You might find some of it useful my full defence and WS has been filed - I am contending that this car park is on non-relevant land (as defined by PoFA 2012) plus a whole slew of other irregularities (signage, photos from their other car parks etc).

Good luck - I'll watch your case with interest and  don't let these *!$*!|"bags get you down!

D_P_Dance

 when attempting to purchase this, none of the machines worked.

Is this a matter for Trading Standards do you think?   Imo it is certainly worth a complaint to your MP.  

Coupon-mad

It's not a fine and this will be fun (a life experience, with zero risk of CCJ or huge costs) to defend in 2022. We do this all the time and you have every chance of seeing this off, probably without a hearing if they discontinue in the end.

Come back if you get a Letter of Claim and I would then ask for their client's evidence that the £10 paid was not valid and that their broken machines were working that day.

cearley02

ihatetrump said:

You might want to read excerpts of my thread here:

https://forums.moneysavingexpert.com/discussion/6238866/questions-about-schedule-4-of-pofa/p1

This is a FCN from Napier at the same car park - different circumstances and my case has now got to a likely court hearing next month.

You might find some of it useful my full defence and WS has been filed - I am contending that this car park is on non-relevant land (as defined by PoFA 2012) plus a whole slew of other irregularities (signage, photos from their other car parks etc).

Good luck - I'll watch your case with interest and  don't let these *!$*!|"bags get you down!

Yeah I was trying to look into this because I wanted to know what the situation with the land ownership was! Thanks so much 

cearley02

@Coupon-mad, thanks for the reassurance, my dad has had experiences of this in the past and reassured me there is little chance of big costs! I am yet to receive a letter of claim, but will inform you if that comes. The issue with the machine was that it was the Weekend Deal specifically that wouldn’t work, which is misleading considering that it’s displayed as soon as you drive into the car park!