Napier Parking/BW Legal, Letter of Claim, Help and guidance very much needed!

Grande228

Hi there, i've received Letter of Claim on 8 of January and previously been receiving various letters from bw legal and initially napier parking

Date of FCN
02/06/2021

Location: London

I have parked in the residential place at evening time, and stayed over the night, in the morning ive came back, week later 2 fixed penalty notice came to my door, and i've kept ignoring it until now ive received letter of claim stating that i have time until early Feb to respond, im not sure what to do in this case, do i have any grounds to at least make it one ticket instead of having two? I would really appreciate any help... Ive read newbies FAQ but im too overwhelmed to act after reading official response from BW legal about using forum guides etc

D_P_Dance

It is not a fixed penalty notice,  please read te newbies again.

Also read these

http://parking-prankster.blogspot.com/2016/11/residential-parking.html

https://forums.landlordzone.co.uk/forum/residential-letting-questions/1053920-private-parking-companies

google "primacy of contract"  and complain to your MP.  .  

Le_Kirk

Where you parked; do you live there?  Do you have a permit?  Any other reason why you think you can park there?

D_P_Dance

IIMU that OP was visiting a resident.  

Grande228

I have only few days to respond, not sure if i should respond to them to hold on with the case and message MP? what grounds i can message to MP with ?

I was just visitng my friend, i was not aware that motorcycles need to pay anything... My friend has no permit there as she does not have any vehicle

Le_Kirk

If you weren't aware that you had to pay then the signs must have been awful or non-existent!  If your friend was/is a resident does your friends lease say anything about parking?  You haven't specifically said but is this a residential block of flats?  Were/are there facilities to pay for parking such as a PDT?

Grande228

Im not sure about that,i  have not asked her at all, the area is going through some industrial works and it looks half finished, its like a big residential area with modern houses

Coupon-mad

 im too overwhelmed to act after reading official response from BW legal about using forum guides etc.

'official'?!

More like desperate!

Don't be put off because the aggressive and greedy roboclaim firm pursuing you for exaggerated money is telling you not to read the stuff that helps consumers win!  They aren't advising you.  They are neither official nor on your side.

They would say that, wouldn't they?!

This will be perfectly defendable and I can see at least 3 points of dispute/defence:

- no signs were seen; they were unlit and/or sparsely placed and even if signs were there, no contract was capable of being agreed and most likely, motorcycles were not mentioned;

- you were an invited visitor of a bona fide resident, thus neither a trespasser nor unauthorised, so not in breach;

- Consumer Rights Act 2015 breach - lack of prominent and transparent consumer notices.  Not only are signs 'consumer notices' but parking charges are too and no attempt was made to alert you the first time with a PCN affixed appropriately to the motorbike on the day.  This omission breaches the POFA 2012 and caused you detriment by leading you to take a transactional decision you would not otherwise have made (parking there a second time).

Say all of that in a robust response to BW Legal and ask for a 30 day 'hold' due to seeking debt advice and obtaining a SAR from their client.

And email the SAR to Napier's DPO attaching the logbook of the bike as your ID.  As the NEWBIES thread shows you.

Grande228

Coupon-mad said:

 im too overwhelmed to act after reading official response from BW legal about using forum guides etc.

'official'?!

More like desperate!

Don't be put off because the aggressive and greedy roboclaim firm pursuing you for exaggerated money is telling you not to read the stuff that helps consumers win!  They aren't advising you.  They are neither official nor on your side.

They would say that, wouldn't they?!

This will be perfectly defendable and I can see at least 3 points of dispute/defence:

- no signs were seen; they were unlit and/or sparsely placed and even if signs were there, no contract was capable of being agreed and most likely, motorcycles were not mentioned;

- you were an invited visitor of a bona fide resident, thus neither a trespasser nor unauthorised, so not in breach;

- Consumer Rights Act 2015 breach - lack of prominent and transparent consumer notices.  Not only are signs 'consumer notices' but parking charges are too and no attempt was made to alert you the first time with a PCN affixed appropriately to the motorbike on the day.  This omission breaches the POFA 2012 and caused you detriment by leading you to take a transactional decision you would not otherwise have made (parking there a second time).

Say all of that in a robust response to BW Legal and ask for a 30 day 'hold' due to seeking debt advice and obtaining a SAR from their client.

And email the SAR to Napier's DPO attaching the logbook of the bike as your ID.  As the NEWBIES thread shows you.

Thank you for the detailed reply, i do appreciate that... I gonna post the photo of the sign later on tonight, also the second fine was during the same stay, so it was parked whole night, and got ticket in the evening and in the morning... so two tickets at one go , does it change the situation ?

Grande228

Just asked my friend to look through the contract and there is written

You, your family,friends, or anyone living with you or visitors to the property must not of the following:

• Park without valid permit, either for residents or their visitors, where there is parking scheme in operation.

also there is

Where a proper place for parking is not provided, you should park on the road immidiately outside the property, if parking is avaliable and subject to any parking restrictions

Grande228

this is the fine ive recieved, another one was in the evening