Napier Parking - BW Legal

football_mad99

Hi All 

I'm new to the forum but appear to have been caught in the bully boy Napier Parking/BW legal net.

A while back I parked in a car park managed by the racket that is Napier parking. The car park has entry/exit cameras.

 I used the app (Just Park) and paid for my parking session. The issue is that I made a mistake and selected my car from my list of cars on the app - we were actually in my wife's car on this day !!

 I replied to Napier explaining to them that this was a data input error and sent them all relevant screen shots from the app to illustrate that I have four vehicles saved on the app and had simply selected the incorrect vehicle. (I do of course still have the email that I sent to them with all supporting evidence)

 I did suggest to them that if they believed otherwise then they would be able to show me the camera footage of my car entering and leaving the car park at the specific times (the car who's registration I had accidentally paid for... that was at home on my drive at the time)

 Of course, they were unable to do this and ignored my invitation.

To cut a long story short I thought that they had given up but they have now raised some sort of small claims forms and are trying to extort £245.00 for a parking session that I actually paid for.

 Any ideas or guidance on this would be much appreciated.

nopcns

If you have received a claim form you MUST respond to it. Ignoring it will cause you untold financial pain for the next 6 years at least.

What is the "Issue date" on your claim form. What do the PoC say? Verbatim please.

Have you read the Newbies/FAQ thread yet?

football_mad99

Hi nopcns

The issue date is 10th April 2024

The Particulars of claim reads:

"The claim is for £100.00 due from the Defendant for an unpaid parking charge following a contractual breach which occurred on 16/05/2023 in the private car park/land at ************ by the driver of (car make & model) registration mark (car reg number)
The private land was lawfully occupied by the Claimant. The displayed terms and conditions offered the driver a contractual license, which were accepted upon entry by the driver, and subsequenley breached.
Driver's Breach:
Failure to make required payment in accordance with the terms and conditions. Despite demands, the parking charge remains unpaid.
The Claimant also claims £60.00 recovery costs as set out in the terms and conditions and in the industry code of practice."

Coupon-mad

Lovely.  Usual stuff.

So you know exactly what to do (and how to do it) from reading the second post of NEWBIES PLEASE READ THESE FAQS FIRST and from browsing any other court claim threads here today.

KeithP

football_mad99 said:

The issue date is 10th April 2024.

With a Claim Issue Date of 10th April, you have until Monday 29th 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 Monday 13th May 2024 to file your Defence.

That's over 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'.