Letter of Claim - Napier Parking Limited - BW Legal

Delamarmalade

Thanks @ChirpyChicken so to clarify there’s the mediators call (where you can expect them not to agree to an arrangement of £20, for example), and a separate later call where you might be able to negotiate a settlement of £20, for example?

Coupon-mad

No. There is one call.

Nothing needs clarifying. Everything about dealing with a claim form is covered in the NEWBIES FAQs thread post 2, which is also where the template defence is linked.

That thread tells you about the 8 steps.

ChirpyChicken

No there is only one call.
But dont overthink this, if mediation fails it just proceeds as normal

Delamarmalade

I’ve submitted the MCOL defence, thanks.  

I’m proposing to email the following to BW Legal, can you let me know if I should add/change anything?

I refer to PCN Xxxx from Napier Parking Limited.

Please revert to Napier Parking Limited, as I am a vulnerable person who should not be dragged to a court hearing.  I have a long term disability and protected characteristics as defined in the Equality Act 2010 ('the EA') and I am legally entitled to more time. All parking providers must comply with the EA. By not providing a way to claim more time without paying more, Napier have committed an offence: 'indirect discrimination'.

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.

Yours faithfully

I will add evidence of PIP…should I also include diagnosis docs or just PIP (I included evidence of PIP in the original appeal which was rejected). 

Coupon-mad

You need a final paragraph pointing the way forward (i.e. what you want the recipient to do about it and by when).

Delamarmalade

Ok thanks for the feedback @Coupon-mad.

I have added this sentence at the end:

Please can you withdraw the court claim immediately, as the approach taken by Napier Parking Limited is non-compliant with the EA and is against the law. This has caused a huge amount of stress to myself and as a vulnerable person this is having a severe impact on my health. I would like an apology and compensation for the prolonged stress caused, despite me providing evidence of my disability when I appealed initially. 

Coupon-mad

Yes send it. Let's see their reply.

And bookmark the Public Consultation thread and do it with us in August (thanks).

Delamarmalade

BW Legal have responded as follows:

Good Afternoon,  We write in reference to your recent contact. Thank you for the information provided. We can see by the information provided by our Client you had appealed this matter with them directly, to which they rejected the appeal on the basis 'We have complied with the Equalities Act as we have made reasonable adjustments, such as the ability to pay by phone and lowered pay stations.'.  As your appeal was rejected and no discount payment was received to Client in the time frame offered in the appeal, this matter was instructed to us on behalf of our Client.  Please find the appeal response letter attached.  Please be advised we have made multiple attempts to contact you regarding this matter, before the escalation to court services. However, as we received no response to our letters a Claim was issued.  Please complete the Letter of Claim sent and return this to court should you wish to dispute this matter.  Should you have any further queries, please contact our office on 0113 487 0430, or alternatively sign in or register on our Customer Portal at www.bwlegal.co.uk. Alternatively you could contact us via live chat at https://www.bwlegal.co.uk/help/contact-us which is open from Monday to Friday 8am - 5:00pm and Saturday 9am - 2:45pm. If you have any further issues or new questions that you would like us to assist you with, we kindly request that you use the contact options below to submit a new query. You can also log into our Customer Portal by clicking here, and go to the Contact History of your account to view the contact.

 

Yours sincerely,

BW Legal

Coupon-mad

Wow. BW Legal are still not following the CSA vulnerable 'debtor' rules then, it seems:

https://www.credit-connect.co.uk/wp-content/uploads/2017/07/code_of_practice-1.pdf

You could report BW Legal to the CSA for failing to abide by the CSA Code, regarding fairer treatment of vulnerable consumers.

And the fact Napier have put physical adjustments in a car park doesn't meet their duty to allow more time.

Delamarmalade

Thanks, I’m planning on sending this to the CSA:

I would like to report BW Legal for failing to abide by the CSA Code re treatment of vulnerable consumers. I have a long term disability and BW Legal have ignored their duty to allow more time for parking, despite my appeal and evidence of disability. They have stated that their client has put ‘physical adjustments’ in the car park, but this does not meet their duty to allow more time. The approach taken by BW Legal is non compliant with the EA and is against the law. This has caused and still is causing a huge amount of stress to myself and as a vulnerable person this is having a severe impact on my health.  They are planning on dragging me to court, which is causing immense ongoing stress.