Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Menace101
    • By Menace101 19th Apr 18, 1:47 PM
    • 3Posts
    • 1Thanks
    Menace101
    BW Legal- NapierParking- Final Notice- PCN
    • #1
    • 19th Apr 18, 1:47 PM
    BW Legal- NapierParking- Final Notice- PCN 19th Apr 18 at 1:47 PM
    Hi everyone,

    I have been reading through a variety of threads but I am not quite sure how to approach this matter as I am not 100% sure whether any of the other cases are similar to mine.

    Back in September, I visited the Willen Lake in Milton Keynes at approximately 4-5 pm.

    I did not stay there any longer than 1 hour and as the parking was one of those 'pay at the end' I returned to it quickly to make the payment and depart.

    I made the payment in cash and waited for a receipt that never printed and then departed the car park within minutes.

    A few months later I received a letter from Napier parking in the post with a picture of the vehicle entering the car park registration number etc. At the time as I was unfamiliar with these scums I used the initial appeals procedure on their website and advised that they should check the CCTV and gave them a breakdown of my course of action making my way to the car park, times and so on.

    Of course they just came back and advised that they have no information and I am no longer able to appeal with them. They send me another couple of letters a while later (which I ignored) and about 3-4 weeks ago after I came back from holiday I had a new letter in the post from BW Legal and 9-10 missed phone calls from theml . Now I have received the 'Final Notice' letter from bwlegal which advised me to pay the balance within 17 days.

    It reads a follows :

    Dear : *******

    Our Client: Napier Parking Limited
    Account number : *********
    Vehicle Registration : ********
    Contravention Description : Failure to make a required payment or overstaying paid for time.
    Contravention Location : Willen Lake North Car Park Milton Keynes

    Further to our letter dated 12 March 2018 ( 'the First Letter' ) where we advised that we are instructed by Our Clien to recover the Balance in respect of the Parking Charge Notice ( 'PCN ' ). In the First Letter we requested that you either pay the Balance in full or provide detailed grounds for disputing the PCN, by the 28th March 2018. We advise that we are yet to receive a payment and/or response to the First Letter.

    Our Client now required full payment of the balance within 17 days from the date of this letter, this date being, 27 April 2018, failing which Our Client has instructed us to commence County Court proceedings against you for recover of the balance, which may result in you receiving a Letter of Claim pursuant to tHe Pre-action Protocol for Debt Claims as contained within the Civil Procedure Rules (CPR). For the avoidance of doublt the Balance relates to the £100 parking charge and the £60 for our Client's initial legal fees, which were detailed in the car park terms and conidtions.

    The letter then proceeds with the County Court Proceedings outlining the procedure for the CCJ and the court case for ParkingEye Limitied v Beavis [2015] UKSC 67 and Make a Payment ( which I'm sure everyone here is all to familiar with.

    From what I have read around I should not call them and rather just write to them. Now at the time when the original letter arrived from BW legal I was out of the country and therefore missed the deadline for the first one.

    Should I be visiting the car park and take pictures of where the CCTV is located and all the signs included there? Once I start writing my appeal to them, should I reject the first letter and advise that I was away at the time and that I would want them to consider this as the date of appeal?

    I'm really unfamiliar with the entire process and not sure whether I made a big mistake by contacting them at the initial stage and then not responding all together. Could you please let me know, what template I should use? If there is one here already if someone could please link me the thread so that I can tailor it to my case?

    Many Thanks!!!
    Last edited by Menace101; 19-04-2018 at 7:56 PM.
Page 1
    • The Deep
    • By The Deep 19th Apr 18, 2:47 PM
    • 9,204 Posts
    • 8,969 Thanks
    The Deep
    • #2
    • 19th Apr 18, 2:47 PM
    • #2
    • 19th Apr 18, 2:47 PM
    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    Hospital car parks and residential complex tickets have been especially mentioned.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.
    You never know how far you can go until you go too far.
    • Le_Kirk
    • By Le_Kirk 19th Apr 18, 3:30 PM
    • 2,669 Posts
    • 1,532 Thanks
    Le_Kirk
    • #3
    • 19th Apr 18, 3:30 PM
    • #3
    • 19th Apr 18, 3:30 PM
    You might want to remove your VRM from your post as the parking companies can read (and do) these posts and find out who you are which could weaken your case/argument.
    • Guys Dad
    • By Guys Dad 29th Apr 18, 5:19 PM
    • 10,448 Posts
    • 9,732 Thanks
    Guys Dad
    • #4
    • 29th Apr 18, 5:19 PM
    • #4
    • 29th Apr 18, 5:19 PM
    Napier have done court in the past and have a victory against a Mr. Yau. Read here http://napierparking.co.uk/assets/files/news/CourtJudgementYau.pdf

    You had a potential winner on the "over 14 day" protection offered by POFA if the NtK did not arrive within 14 days, but if you have admitted being the driver, that has been thrown away, I am afraid.

    Sadly, you have no proof of payment so if it goes to court, then you will need to have some case based on the payment method and press them on what happens in cases like yours if no ticket issued.
    Last edited by Guys Dad; 29-04-2018 at 6:19 PM.
    • Coupon-mad
    • By Coupon-mad 29th Apr 18, 5:27 PM
    • 57,449 Posts
    • 71,030 Thanks
    Coupon-mad
    • #5
    • 29th Apr 18, 5:27 PM
    • #5
    • 29th Apr 18, 5:27 PM
    Yes they have won some in the past (NB: Mr Yau only paid £70/£80 or so (no add ons) so why would anyone pay up front?!) but this is all history and not relevant.

    Now Napier use BW Legal for useless robo-claims, making it far more easy to beat them!

    take pictures of where the CCTV is located
    There is no CCTV. They most likely use ANPR for number-plates only, no pics of people at the machine at Willen Lake, unless I am mistaken.

    Having said that, IMMEDIATELY send Napier (no, not BW Legal) a SAR (Google it) asking for all images of your car and the driver that day, plus all letters sent and all data processing information including the DVLA enquiry.
    Last edited by Coupon-mad; 29-04-2018 at 11:51 PM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Menace101
    • By Menace101 29th Apr 18, 11:30 PM
    • 3 Posts
    • 1 Thanks
    Menace101
    • #6
    • 29th Apr 18, 11:30 PM
    • #6
    • 29th Apr 18, 11:30 PM
    Thank you for all the advise I removed the details and have read the case. I will have to try and do that and speak with witnesses if it ends up going to court. I did send a response to BWlegal as it was mention on the newbies thread last week before the deadline and have requested the SAR. I definitely want to fight this with everything iíve got considering that I paid but their trying trying to scam me anyways!

    Your support in the forum is definitely invaluable and I feel more confident in this now.
    • Menace101
    • By Menace101 17th May 18, 6:25 PM
    • 3 Posts
    • 1 Thanks
    Menace101
    • #7
    • 17th May 18, 6:25 PM
    • #7
    • 17th May 18, 6:25 PM
    So as I was advised from the 'Newbies' FAQ I did send BW Legal an email and have also separately emailed Napier Parking for the SAR. In regards to the SAR I have yet to hear from them but I believe they have a total of 30 days to respond.

    In regards to the response from BW Legal all they responded with was a copy of the original 'Fixed Charge Notice' that still states that the reason for the charge was Failure to make a required payment or overstaying paid for time' which still does not advise whether it was one or the other. The letter does state that the vehicle was at the car park for a total of 00.01:01 . Then it goes to sat that the incident was recorded by the ANPR, it was brought to the attention of the driver by clear signage in and around the location at the time of parking and that Napier Parking Limited are the creditor and at the time of notice they are unaware of the name of the driver and their address.

    The rest of it is pretty much, you have 14 days and then 'pay, pay pay... ' .

    Could you please let me know whether I should wait to hear back from Napier Parking for the SAR and ignore this or would it be better to respond and what should I say back?
    • Coupon-mad
    • By Coupon-mad 18th May 18, 2:21 AM
    • 57,449 Posts
    • 71,030 Thanks
    Coupon-mad
    • #8
    • 18th May 18, 2:21 AM
    • #8
    • 18th May 18, 2:21 AM
    This is the style I would use by way of reply (of course you must edit the facts):

    https://forums.moneysavingexpert.com/showthread.php?p=74062408#post74062408

    HTH
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

79Posts Today

1,366Users online

Martin's Twitter
  • It's the start of mini MSE's half term. In order to be the best daddy possible, Im stopping work and going off line? https://t.co/kwjvtd75YU

  • RT @shellsince1982: @MartinSLewis thanx to your email I have just saved myself £222 by taking a SIM only deal for £7.50 a month and keeping?

  • Today's Friday twitter poll: An important question, building on yesterday's important discussions: Which is the best bit of the pizza...

  • Follow Martin