Need help with how to proceed with appealing Napier Parking Parking Charge letter

Solarjunkie

Have a similar situation with Napier, got the letter today charging me for 6 minutes in their car park. I was trying unsuccessfully to decipher their Blue Badge instructions on their sign, and looking for a blue badge space. Was temporarily in a space, intending to move to a blue badge space. The passenger did not leave the vehicle, neither of us left the car park. Never been there before, many miles from home so can't go back and photograph signs.

Having read the above, I gather I shouldn't pay, I should appeal, and then ignore further letters saying "we'll take you to court"??

Coupon-mad

Yes that's right.

Come back & start a new thread only if you get a Claim Form

Solarjunkie

Thanks Coupon-mad

I have used the template as suggested and added -

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

The driver of the vehicle entered an unfamiliar car park with the intention of parking in a Blue Badge bay. The driver temporarily left the vehicle in a standard bay while searching for the blue badge bays and the information regarding disabled parking. No disabled bays were found and the instructions on the sign were confusing, so after having asked a local person if they knew whether blue badge parking was permitted in the car park, the driver then left the car park in order to find another car park with clear disabled requirements. The passenger did not leave the vehicle and neither passenger or driver left the car park. As such, I do not believe that 6 minutes counts as "parking" nor do I feel the requested payment is appropriate for a brief stop.

How does that seem?

KAJ7020

Afternoon all.

Again, thank you to everyone who has helped guide me so far. Sorry to be a pain, just want to make sure I do it right.

So I received yesterday what definitely seems to be a Letter of Claim from BW.

To clarify so far, obviously I made an appeal direct to Napier which was rejected. I didn't bother with an IAS appeal as advised all over the forum due to being practically pointless. I did try emailing the local council to gauge who the landowner may be but was directed to Land Registry. I haven't pursued this route as I'm not sure but delving into information on the internet, I think the land/car park might actually be owned by Napier themselves or another private company that has links with Napier.

So I think my next steps correspond now to Post 2 - pre-action stage/small claim right? I don't need to use the reply forms sent with the letter of claim, I just need reply to a BW solicitors email address with the generic email prepared and maybe add my specific reasons for disputing these charges?

A couple of questions in regards to this step above: 1) I've had a brief look about the form but what BW solicitors email address am I using to reply to, and 2) obviously currently I'm not admitting to being the driver, just the registered keeper, so I don't really understand how I'm adding in my disputing reasons (i.e only safe place to quickly pick up a passenger, never parked in a parking space, never left the vehicle, decided not use the car park as car park essentially) without then implying I was the driver?? If you get what I mean.

Again apologies for my lack of knowledge on most of this, I'm trying to go through things on here and educate myself etc.

KAJ7020

Letter of Claim attached

Le_Kirk

Email addresses have been info@bwlegal.co.uk, customerinfo@bwlegal.co.uk, complaints@bwlegal.co.uk
disputeresolution@bwlegal.co.uk

Why do you feel it necessary to put your case forward in a reply to the letter before claim but if you do, just state "the driver informed me that ………….." You could just state what is written in the NEWBIE sticky advice.

KAJ7020

https://forums.moneysavingexpert.com/discussion/comment/81935383#Comment_81935383

Thank you for the email addresses, I shall try them.

And I don't feel it necessary if it needn't be?? If all I should do is use the generic reply and that is it, then if that's what the general consensus is to what my reply should be then that's all I shall do.

Just trying to gauge if I should/need to yet, as in the NEWBIE sticky on post 2 it says under the generic reply I can briefly state reasons for disputing.

Coupon-mad

Yep you can. Won't affect anything … please don't show us their reply by the way!

Come back if you get a Claim Form, which sometimes never comes but you can read ahead about the Template Defence on the NEWBIES thread post 2, so you know what happens when.

KAJ7020

https://forums.moneysavingexpert.com/discussion/comment/81935568#Comment_81935568

I was planning on adding this as the last paragraph before signing off the email.

"Your client claims to be part of the Accredited Operator Scheme with the International Parking Community (IPC). So they should operate under the IPC's 'Code of Practice' offering a sufficient consideration period which is supposed to be 5 minutes minimum for a driver to find a suitable parking space, and then make an informed decision and check parking terms & conditions etc. Yet in this case they find it acceptable to penalise the driver for deciding to not park there and then leave the car park in under 6 minutes!"

Is that ok to add?

Thank you for your help @Coupon-mad

Coupon-mad

Yes that's fine.