Napier Parking Charge - Help

JollyNotBad

Hi, I was recently sent a 'fixed charge notice' by Napier Parking (site Mill End car park).

I never received the original letter stating the reason for the charge, only a follow up stating they intend to take further action to recover unpaid parking charges.

I responded to this letter and appealed, however this was not acknowledged; instead 'due to time passed' my case was passed on to BW Legal for debt recovery action.

BW legal have contacted me twice, the most recent being a final demand for £160, when the original fine was for £100.

It's important to note I entered the car park and was stationed there for ~15/20 minutes, however I didn't leave the vehicle unattended. Due to a huge downpour that started a minute after entering the car park, we abandoned our walk and stayed in the car to plan our route, leaving promptly after.

I've read various posts on here and it seems like Napier Parking have not acted fairly. I never received the first letter (I asked for proof of this in a follow-up letter along with timestamps of me entering/leaving + T&Cs for that specific car park but was ignored), and the additional £60 'legal fees' seem fabricated and excessive - not even sure of the legality here!

Any help on best next steps much appreciated, now at 'final demand' stage from debt recovery with threat of letter of claim.
Many thanks

Coupon-mad

Send Napier a SAR by email (see second post of the NEWBIES thread for how) to flush out the missing PCN.

Whilst there, also read the LBC stage because that is next.

JollyNotBad

Thanks for getting back so quickly, I'll do this asap.

Does my case hold up, or would the court deem 20 minutes in the car park my fault and my responsibility to pay a fine?

KeithP

JollyNotBad said:

Does my case hold up, or would the court deem 20 minutes in the car park my fault and my responsibility to pay a fine?

Depends on more than that. E.g. was the signage clear?

Where exactly is this 'Mill End car park'?

Coupon-mad

It is not a fine.

JollyNotBad

Apologies not a fine, the 'fixed charge notice' or parking charge notice.

Unfortunately I don't have any images of the signage and at no point read anything, as I never intended to park. We abandoned the walk and never left the car unattended.

Mill End car park appears to be owned privately and Napier is enforcing the parking charges (I can't post links yet, but the Parkopedia link from googling has further context there).

I suppose my question is do I have a leg to stand on given the time stationed there? I didn't intentionally abuse the facilities or have any intention on doing so, I entered and left all within 20 mins.

Many thanks

Coupon-mad

Coupon-mad said:

Send Napier a SAR by email (see second post of the NEWBIES thread for how) to flush out the missing PCN.

Whilst there, also read the LBC stage because that is next.

As above, nothing has changed about our advice and Napier hardly ever sue over single PCNs, so you are not likely to see a court claim.

Even if they did, the added fake £60 is likely to be dismissed, so it really is a no-brainer not to blink, not to be spooked and not to pay.  No risk, no CCJ and we have a 99% win rate regardless of facts about cases, including some where people sat in a car and saw no signs.

This is nothing to worry about, ignore debt demands and only respond if you get a LBC or a claim, or if you change address (because the only CCJ danger is when people leave a PPC with an old address in their database).  An old postal address must be specifically 'erased' by PPCs and their agents and never left as a choice for serving a court claim behind your back.