Napier Parking - Aggressive Letter

95Rollers

Uumkomaas said:

Obviously at that point I would (to avoid any CCJ nonsense) but there would be court fess, interest, etc added so £60 goes to £100...goes to few hundred potentially.    

There'll be no 'CCJ nonsense', all of that is totally within your control. I don't know where you get your 'goes to few hundred potential'?  Not much more than £200 in the real world. 

@RaptorBlue Please read my post again re: CCJs!

Even if worse case scenario you weny to court and lost. The parking company won't see any of that cash themselves as £70 would be money going to the court itself and then the rest would be on what they pay out for Legal services and a court rep. So other than to vindicate you or gambling on the hope that you buckle there is no reason to do it. Many companies withdraw at the 11th hour. Its a gamble for them to go to a Judge as they could effectively lose that money plus more if you are awarded costs as many others and I was!

RaptorBlue

Ok so the advice is to just wait it out until (and if) the issue court proceedings? So until then as per advise on the page do nothing and just wait until that point and then jump back on here for some help in terms of filling a defence etc?

Is the fact that I have not provided them with the driver name a positive? Will that make them less likely to go forward with this or it doesn’t really matter?

Guessing the letter they sent doesn’t miss out everything they need to so that compliant, so for now just sit tight, let them send all the threatening letters and wait until an actual Notice of Hearing if one comes through?

Coupon-mad

Yep.

The good thing is, Napier use BW Legal and you should read some of their threads.  Shockingly bad claims and evidence.  Easy to beat.

Napier used to file their own claims and were much better at it, years ago!  Now they use a robo claim firm, their template claims are a pile of pants.

You'll have seen the Template Defence thread, top of this forum board.  You'll also have seen lots of BW Legal threads every flipping day, here.  Read them and be prepared.

RaptorBlue

Ok thanks, I'll have a look as you advice and get myself ready for as/when this happens.

Glad that the now use BW Legal, Ive heard of them before, agree they are a bit shamnolic!

I'll just hang tight until I hear anything direct from the court if it comes, then Ill run through the Template Defence.

Thanks again, anything else that anyone has thoughts on please do let me know, otherwise I'll just wait and see.....

RaptorBlue

Hi all, I recivied this from BW Legal today, looks like they are heading toward court action (apparently I have until 31st August) Attatched is all the paperwork they have sent, do I respond to this at all or i continue to ignore it until the actual court papers come through?

Coupon-mad

You do what the NEWBIES thread explains, as you are at LBC stage.

patient_dream

Now look, all those forms from BWL is simply following the PAP which is pre action protocol ......... This applies to those in debt.
Thus far BWL have not proved you are in debt, only a county court judge can say that.  

So you ignore and bin those forms and now what you do with a letter before claim is to to TELL BWL that you are seeking debt advice and to extend by a further 30 days. IT'S THE LAW, THEY MUST DO THAT

In your reply you must ask BWL what is their legal authority to add £60 ?
THEY HAVE NONE but what we have seen from BWL is that the can because the code of practice says they can

This is the biggest load of rubbish and total fakery

And the letter from Napier ?     Crazy scammers who joined the IPC/IAS SCAM to get this result ..... The IAS IS AN INDEPENDENT SCAMMER set up by the honcho of the scam .... GLADSTONES SOLICITORS ???

And on the subject of BWLegal ....... will they sign a statement of truth that the fake £60 has legal authority ? 

Complete fools if they did because they can only say that the code of practice says they can ..... what rubbish when the fake was invented by a cloud dreaming board MEMBER of the BPA who just happens to be a sad little debt collector ... which the scammer IPC/IAS then copied

Don't be sucked in with this scam but do respond to a letter of claim

This is yet another BWLegal thread that will be on google search within minutes

RaptorBlue

Thanks @coupon-mad Ive sent a email as outlined in the newbies thread to Napier DPO and an email to BW Legal letting them know Ive sent a SAR and ask to put the account on hold until I recivie that info.

Im sure they will push ahead but lets see, will post on here once I get a reply.

RaptorBlue

Thanks @patient_dream, Ive responded to the DPO at napier as advised and written a very short email to BW Legal as you set out, advising that Im seeking advice and need an extra 30 days and that I have asked Napier for all data on my file they hold.

So its over to them, Ive not filled in the forms nor responded to them directly as you all advised.

Umkomaas

an email to BW Legal letting them know Ive sent a SAR and ask to put the account on hold until I recivie that info. 

That won't hold them back, they're under no obligation to put the case on hold for you to receive a SAR response. You can only require them to do so if you are 'seeking debt advice'. If you've not included that in your response to the LBC, get it done now.