Napier Parking - Aggressive Letter

RaptorBlue

Hi @Umkomaas Ive put exactly that to BW Legal, that I am seeking debt advice and therefore require a furhter 30 days under the PAP. That is what I have included as per the Newbbies thread, so as thats now in an email to them, they cant dent they have it and Ive recivied an automatic reponse so I know they have it.

RaptorBlue

So just got this from Napier Parking after my SAR, looks pretty standard. they included two attathments, one with my basic info and one with info on the parking, pohotos of my car, the parking sign and all communocation to date as well as DVLA info that Im the keeper.

The only thing of note is re the PDT, not sure if thats significant or relivent?

Now I have this what are my next steps....or do i wait until they go to court with it and then take it from there?

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Dear Sir

 

We can confirm that we have checked our records and databases for your personal data and information relating to you and your vehicle, which we have attached.

 

We have enclosed all data that we feel is classed as personal data and therefore subject to Data Protection Regulation.

 

We are processing and retaining your data in accordance with our privacy policy which can be obtained at www.napierparking.co.uk/privacy-notices 

 

For your information, a list of third parties with whom we may have shared your personal data as a user of our car parking facilities is as follows:

•          BW Legal, who provide debt recovery, tracing and litigation services. (Email: SAR@bwlegal.co.uk)

•          The independent appeals service (IAS), who provide a service for applicants to appeal against parking charges.

•          Royal Mail, who provide mail services.

•          Bluecube, who provide email services.

 

You have requested PDT machine records, however we have not included this information as the information we hold does not relate to any personal data which identifies you. 

 

Please refer to our Privacy Policy, which explains what personal information we collect from you and how we use that information.

 

Your case is currently with our solicitors BW Legal, who have been instructed to act on our behalf. Please direct any queries regarding your case to them and they will be happy to assist. They can be contacted by calling 0113 487 0430 or by visiting their website www.bwlegal.co.uk. 

 

If you feel there is anything that we have missed, please draw our attention to it as soon as possible.

 

We hope that this satisfies your request and we will now close your SAR request file.

 

Yours sincerely,

 

 

Data Protection Officer

 

Coupon-mad

If it's relevant and would assist your case, email to ask BW Legal for the relevant half day's pay and display records with partially redacted VRMs, in order to narrow the issues and identify any payment made by the driver.

RaptorBlue

@Coupon-mad thank you I will do that and see what I get back.

Other than that do I now just wait and see if they go ahead with court action or do I need to take any more steps in the meantine?

RaptorBlue

So I did as @Coupon-mad and got ythis back from Napier Parking....if they dont register its hard to prove either way if someone paid or not, bar rhe physical ticket which was on view but tucked under the windscreen and the way the person who took the photos made sure it was not in shot.

So with the below in mind seems they dont have anything that proves if I did pay or not, bar not seeing a ticket displayed (which I know is part of there T&Cs)

So do I now just wait for them to start with court action or do I go with something else?

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Dear Sir,

 

We are unable to provide you with the transaction records as the machines do not permit you to enter your vehicle registration number when purchasing a ticket. 

 

The machine log for the date of the contravention therefore does not include any of your personal data.

 

Kind regards

 

Services Department

Coupon-mad

Did they take such skewed/angled photos avoiding the ticket at the edge of the dashboard, that it would be obvious to a Judge? Can you show us?

RaptorBlue

Hi @Coupon-mad I did think that myself, although the furst tw ophots are of the drivers side where the ticket was placed if you look at the black around the windscreen this is where the ticket was, to the side, or at least where my son said hed put it so it was tucked away and out of sight unless you came up and looked closely. I admit not the bext by him but he wanted to make sure it did fly off when he closed the door, hes young and not used to these things and thought putting it secure was better than on full display! Ive shown him the photos and he insists it was there, betond the black bit of the wondow and even in the first phot from the side it was obsured by the mobile phone holster. He seemed to think whoever took the photos purposly did so from angels that would not and did not show a ticket was on display. Not sure a Judge would go for that but thats essentially what he is saying and from these phots is does seem there is at least , on the balance of probabilaties, that chance.

RaptorBlue

Follow up email from Napier parking....got them trattled, Ive said thanks for the below email, not sure a Judge will look kindly on it as it says Im "guilty" and thats it...seems almost libilous/slanderous to me.....but not a good look from them, this will be presented in court if it gets that far.

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Dear Sir,

 

We are satisfied we have fully responded to your SAR request. 

 

In order for you to have complied with the relevant terms and conditions at this car park you MUST:

 

- Vehicles must clearly display a valid Pay and Display ticket within the windscreen.

 

Therefore, any ticket presented after the event is not valid, even if it was paid for at the car park. As you are aware we have images that show no ticket was on display as required, we therefore say the vehicle was in breach. The ticket must be clearly displayed for the duration of the visit.

 

We do not collect vehicle registration numbers at the pay station in this car park.

 

Any further questions regarding individual cases should be submitted to BW Legal as per our correspondence. Your SAR request is now closed and we will not respond to any further correspondence regarding this matter.

Regards

Snakes_Belly

As the notice to keeper is compliant would there be any benefit to naming your son as the driver as he is a minor (if he still is). He was a minor when he entered into the contract with the PPC. Just a thought. 

Also on some of the images there are some white patches on the dashboard. We have seen doctored images on this forum before.  

Snakes_Belly

I thought that minors could only be taken to court for debts resulting from necessities. I wonder how much of the claim that a judge would consider to be a necessity?