Napier Parking/BW Legal parking charge

ChrisA7979

Hi,

Quick question regarding the invoice from Napier parking - my car was observed for 50 seconds...is there no minimum grace period given?

Thanks, 

Boat_to_Bolivia

Oh dear they really are scraping the bottom of the barrel with that one.

Yes there is a grace period giving time to try and read the signs etc and decide if you want to park or not.

Le_Kirk

There is a consideration period that is supposed to allow you to read and digest t&c's on the signs and decide if you want to stay and a grace period when leaving after a period of parking. 

ChrisA7979

Thanks -

As you can see the initial notice was issued in September so unfortunately I believe I've missed the opportunity to dispute the charge (correct me if I'm wrong).

The most recent letter from BWlegal states that I have until the 08/03/23 to pay or they will start court proceedings. Would the fact that almost no consideration period was given be a valid argument to win this if it does get to court?

Boat_to_Bolivia

No one on here will advise you to pay.

Ignore their threats and come back if you get a Letter Before/Of Claim.

You are in the right place here and will get all the help and advice you need to beat the pond life should it go to court.

B789

@ChrisA7979 you must read, re-read and read again the Newbies thread near the top of this forum as you need to fully educate yourself on the process and the steps required to defend any claim. You will get assistance from the regular on here but it is always best to help yourself so we can also help you.

Is the letter from BW Legal a Letter of/before Claim? Does it give you 14 or 30 days to respond?

Whilst the PCN states at the top that it is issued under POFA, does it have on the back the actual POFA wording as required by the act? The statement on the top does not make it so just because it is there. Do not give away the identity of the driver because of it isn't POFA compliant then they cannot transfer liability to the driver, who is unknown to them.

Mouse007

Why were you there for 50 seconds? were you dropping someone off? If so that is not parking, Jopson v Homeguard.

Coupon-mad

Is the BW Legal letter a LBC or LoC?

See NEWBIES thread.

ChrisA7979

As expected the Claim "Invoice" has arrived. I'm not sure about my defense on this one - is the fact that my vehicle was only observed for 50 seconds enough for a court?

I welcome all advice - thanks

ChrisA7979

Mouse007 said:

Why were you there for 50 seconds? were you dropping someone off? If so that is not parking, Jopson v Homeguard.

It's possible that it was, but 10 mins are the expected considerations period - I know that is not a solid defense - Highway was an easy win, Napier/ BW legal are very eager 

KeithP

There is no letter 's' in the word Defence.

With a Claim Issue Date of 3rd April, you have until Monday 24th April to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 9th May 2023 to file your Defence.

That's four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.