Letter of Claim - Napier Parking Limited - BW Legal

Coupon-mad

Dear Sirs,

Your ref xxxxxxxx

I write in reference to the above matter and your recent correspondence.

Please could you provide further information in regards to the part of POFA Sch4 that you are struggling with?  What part of transferring liability don't you understand?

Or is it the Equality Act that is taxing your brain?

I suggest you seek impartial legal advice from somebody who understands both laws and doesn't make it up as they go along.

yours faithfully

Delamarmalade

Thanks Coupon-mad. 

Delamarmalade

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Hi, so they are pursuing the driver. Driver received the PCN. Think they probably read your advice @Coupon-mad! 

As mentioned previously, the driver is disabled and struggles with and worries about this kind of thing and doesn’t want costs escalating.  Are there grounds to contest the PCN on the basis that it has been sent more than 8 months post the ‘date of incident’? 

By the time the driver received the PCN it has only given a couple of days to pay the reduced amount within the 14 day window, so would appreciate advice please. 

I’ve attached the PCN.  

Thank you 

Gr1pr

If the driver has been outed then the timescale is irrelevant, UNLESS it was after 6 years 

They can always hold a named driver to account, but that driver may not be liable, plus the PCN may not be enforceable against the driver, but only a judge in court can decide what the outcome may be 

Coupon-mad

The driver can either pay the £60 (not recommended) or preferably (recommended) respond with attached evidence of their disability (blue badge too if applicable) and state that they have 'protected characteristics' under the Equality Act 2010 which legally allows them more time.

Napier might settle for £20 in the face of that evidence. Or you might be able to get the PCN cancelled by the landowner for disability discrimination (no extended parking time for disabled people is illegal).  But I seem to recall Napier either own Atterbury Lakes or have a connection to the landowner so that might be pointless.

The money doesn't go up because they won't be paying. Why did the keeper give the home address of the driver? Should have given the address as yours so you could ignore the letters that will frighten this person.

Delamarmalade

Thanks @Gr1pr and @Coupon-mad

@Coupon-mad The keeper gave the home address of the driver as per the messages from you on 3rd October (and address is the same). Ok thanks, so respond with disability evidence to appeal, with the following letter:

Dear Sirs,

I refer to PCN xxxxx from Napier Parking Limited 

The alleged ‘penalty charge’ is disputed. The driver has a long term disability and evidence of that is attached (medical evidence). 

The driver paid for a parking ticket by app and made their way back to the car as soon as they could, but they are not familiar with the area and have a disability so required an extended period of time for the money paid. They have 'protected characteristics' as defined in the Equality Act 2010 ('the EA') and are legally entitled to more time than an able bodied person.

See the precedent set just after the EA was enacted: the legal victory against Norwich and Lincoln Councils, achieved by the IPC's friend Helen Dolphin:

https://www.wake-smith.co.uk/latest-news/news-archive/2011/06/20/Council-Car-Park-Case-Settled-A-Victory-for-Blue-Badge-Holders

All parking providers must comply with the EA.  There is no excuse or justification that the operator didn't know about the driver's disability need. That would only relate to an accusation of 'direct discrimination' which is not the case.

It is the drivers position that by not providing a way - as all Local Authorities now do, and ParkingEye and Horizon do, for example - for a disabled driver to claim more time without paying more, Napier have committed an offence: 'indirect discrimination'.

Yours faithfully

Coupon-mad

The appellant doesn't need to say 'the driver'.  They've been named as the driver so they say "I".

I'm glad the keeper & driver are at the same address, so you (if you are the keeper?) can intercept the post.

I was envisaging a vulnerable person on their own receiving letters that would frighten them.  In that case, I would have given my address if different (or a family member's address who wouldn't panic and pay) so that person never sees the letters.  As long as you can stop them being intimidated & paying, all is good.

If offered a £20 settlement, they might take that and we understand that.  Might not happen.  In which case intercept all the letters and ignore anything except a LBC or court claim.

Delamarmalade

Ok thank you so much @Coupon-mad

Delamarmalade

Hi, we have received a response to the appeal. They have responded with arguments as to how they have abided by the Equalities Act. Should I be worried about ignoring until LBC or court claim i.e. would these arguments stand up in court? 

Coupon-mad

Don't Napier even know there's no such law as 'the Equalities Act'?  Dumb as heck!

Ignore the£170 threatograms next year. Just ignore them and their agents.

Tell them if you move house.

Come back if ever you get a LBC (see the second post of the NEWBIES FAQS thread and please don't ask for a link to it).

That's all.