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Private parking notice, Letter of claim
Tazmaina69
post Sat, 18 Feb 2017 - 12:30
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Hi all this is my first post and hope to get some advice from some on this but also at the same time share my journey of the Parking Charge Notice (PCN). Have received from Napier parking a letter Notice to keeper regarding a fixed charge notice, but the time and date of issue I was at work so could not have possibly been there (have evidence). I phoned Napier but they where not intrested and just demand that I pay up & saying that someone else must have used my car etc. No one has used my car to my knowledge ( I live in a shared house) so can not give them a name as nobody admit to using it (they all have their own cars) but again explained all this but to my surprise still not interested.
So thats a bit of background so decided to ignore all letters until received one from bwlegal letter of claim, to pay up to prevent legal action I have previously ignored everything from them but should I know start taking things more seriously?
I understand that the law has changed and read that they do take people to court but feel that if I contacted them and provide evidence they will still just demand payment as that is all they are interested in so should I just wait till the official court papers come through or start up communications with bwlegal.
Some advice on how to handle this would be much appreciated.
Carl happy.gif
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post Sat, 18 Feb 2017 - 12:30
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Lynnzer
post Sat, 18 Feb 2017 - 13:03
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Need these.
1 photo of the ticket
2. photo of the ticket
3. photo of the ticket.

Just in case you missed that, it's the NTK (Notice to Keeper) that we need to see.
If they don't apply keeper liability you are on a winner.


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The Asda shopping trolley parking ticket enthusiast
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Tazmaina69
post Sat, 18 Feb 2017 - 13:50
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Hi Lynnzer

Thanks for your reply, so I need to ask for a photo of the ticket of it actually on the car at the time and who do I ask for this information,
I take it that they normally do this as have seen private & local authorities do this.
But feed up of these kind of parking Notice they are just intrested in getting payment and whatever you do or don't the outcome the same Give us your money or will take you to court, but now throw loads of things in basically to scare us.
Carl
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ostell
post Sat, 18 Feb 2017 - 14:00
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They can only take action against the keeper, you, if they strictly follow the regulations in POFA. Not being the driver potentially puts you in a strong position.

If there was a notice on the windscreen then paragraph 8 in POFA applies. If there was no windscreen ticket then paragraph 8 applies. They hhave got to get the Notice to Keeper to you within 14 days if no windscreen ticket and between 28 and 56 days if there was a windscreen ticket. THere are also lots of other items they have to include in the notice to hold you liable. So the paperwork is important.

As this is a letter before claim you could write back them asking for the relevant documentation, which you don't have, so that you can respond properly to their letter. You will, in any case, be asking for those documents if they proceed with the claim but providing them now will make it easier to resolve without perhaps the need to go to court. It also shows the court, if it gets that far, that you have been reasonable in trying to resolve the matter outside of court.

Letters to them, with free proof of postage from a post office.
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Tazmaina69
post Sat, 18 Feb 2017 - 14:42
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Hello ostell

I have received letters from the start 4in total 1 from Napier parking & 3 from bwlegal including the letter of claim, the first I knew about it was when received a letter from Napier parking on the 16th December 2016 saying that your account has been passed to our legal team huh.gif as had moved from my previous address and change the V5 with the DVLA online to my new address.
This is when I contacted them by phone to say whats going on but said its with their legal team so need to contact them, so did and explain but again all they were interested in was m paying up (there's a surprise) so that's why have ignored the rest.

A bit of background

Date ot contravention 6th September 2016
Location Peterborough north Street car park
No time of contravention
At work On-Call 24 hours that day which require me to be available to respond to emergency in 5 min of where I live, that is 20 miles from the address they say my car was parked.
Have a electronic copy that can't be changed to show was On-Call

1. First letter received 16-12-2016 (not received anything beforehand as had moved).

They just Don't want to listen, part of me saying let them take me to court but not one to leave things unresolved, but might as well go and talk to the brick wall of their offices they just want you to Pay Up.
Sorry for the little rant.
Carl
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Lynnzer
post Sat, 18 Feb 2017 - 14:55
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Stgill not sure where to go with this.
Was there an alleged windscreen ticket?
Did the Notice to Keeper arrive with you at all?

Is there any mention on ANY of the documents about keeper liability and Protection of Freedoms Act?
Post a GSV link to the car park if you can.

The way this appears is that if you do have proof of being elsewhere with the car then it opens them up to a breach of the DPA. I would think they have mistaken someone else's registration plate for yours. Perhaps a partly obscured number or letter on someone else's car.

I have a letter in mind to send but before I post it for you to consider, you must get the details right first. Also ask the DVLA who accessed your details and when.

If you want to start the ball rolling now, you could write to BW Legals, cc to Napier, and simply explain that this is the first you have heard of this and that you were not the driver nor was the car involved. Attach a copy of your shift record as evidence and ask them please to allow access to all the things they have that suggests your car was involved so you can verify if they have made a mistake.

As part of that you could add that you have irrefutable evidence that the car was not at that location as evidenced on the shift records, then they have no reason to continue using your personal details. Remind them of their duty under the DPA to destroy all personal details once they are of no further use.
------------------
Found the car park, back of Beales.
It would appear to be an overstay or non payment contravention then.

This post has been edited by Lynnzer: Sat, 18 Feb 2017 - 15:00


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The Asda shopping trolley parking ticket enthusiast
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Tazmaina69
post Sat, 18 Feb 2017 - 16:20
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Many thanks Lynnzer will get the information together first and get back and post it on this site, its much appreciated that there's sites like this and the people on it, l like to get things sorted and believe that they have made a mistake and would like to resolve this but the attempt on my part just gets brushed to one side. rolleyes.gif

Carl
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SchoolRunMum
post Sat, 18 Feb 2017 - 18:59
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Napier using BW Legal is interesting...should make it easier to defend than it would have been.

Trouble is, Napier use a NTK which (last time I saw one) was POFA compliant so they will be pursuing you for keeper liability. So your evidence of where you were as keeper, whilst worth including in case BW Legal muck this up, may not be the silver bullet you want it to be.

Have you got all the photos of the car, is it definitely your car? You can send a SAR to Napier to ask for everything they hold on you and this vehicle (they can charge a tenner). Thta will also flush out the paperwork as well as the photos.
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cabbyman
post Sat, 18 Feb 2017 - 20:05
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Napier sometimes own the car parks.


--------------------
Cabbyman 11 PPCs 0
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Tazmaina69
post Sun, 19 Feb 2017 - 11:06
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Hi everyone

Thanks for all your replies, I have gone through all the letters that I have received and the first one in my possession is 16th Dec 16 ( your account has been passed to our legel team from Napier Parking, then 3 other letters from bwlegal.
I had moved so letters might have been sent to my old address but have no access to, but as soon as I changed my address with the DVLA thats when I first knew about the PCN.
There is no mention of NTK or POFA in any of the letters I have, they might have sent them but to my old address but any case I have not received them so had no idea and a bit surprised as was On-Cal that requires me to ready to respond to emergency in 5 min where I live the time & day they say the contravention took place..
Like I have mentioned have phoned them up to explain this is the first I have been made aware of this and said if it was my car then I haven't a clue who could have taken it or how it was in Peterborough at the time as and I use it to respond to emergency, their reply was I have not right for appeal as 28 days have lapsed and if I don't pay they will take me to court and then asked if I would like to make the payment now by debit or credit card.

Carl
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freddy1
post Sun, 19 Feb 2017 - 11:26
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Date of contravention 6th September 2016

First letter received 16-12-2016


what date did you move house , and the date of the Doc ref from inside your v5?
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Tazmaina69
post Sun, 19 Feb 2017 - 12:03
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Hi

The date on the V5 is 22-11-16 changed it online before that date.

Carl

Sorry moved out to temp accommodation 12-09-16 until the house was released and moved in on the 8-10-16 and probably around the 20th made contact to change of address for everyone.

Carl
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freddy1
post Sun, 19 Feb 2017 - 12:05
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so how come they are writing to your new address? , have they applied for your details twice , or could the tenentv of the old address have told them your new one? , the dates just don,t add up
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Tazmaina69
post Sun, 19 Feb 2017 - 12:19
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I have never told them of my new address had no reason to do so, I have no access to my old address when moved temp then when house was ready and giving a date moved in change the address of the V5. They might have asked for my details again from the DVLA if that's what they can do thats why probably started to receive the letters all of a sudden.
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freddy1
post Sun, 19 Feb 2017 - 12:27
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QUOTE (Tazmaina69 @ Sun, 19 Feb 2017 - 12:19) *
I have never told them of my new address had no reason to do so, I have no access to my old address when moved temp then when house was ready and giving a date moved in change the address of the V5. They might have asked for my details again from the DVLA if that's what they can do thats why probably started to receive the letters all of a sudden.



actually they cannot ask twice
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Tazmaina69
post Sun, 19 Feb 2017 - 13:14
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So if they can't ask the DVLA twice for my address how did they get it? huh.gif if they did is there anyway of finding out if they did, 100% me or anyone had or reason to give my new address.
Think they are just trying their luck to get the money understand that this how the operate, and if I carry on just ignore them and if it went to court will put all this information in my defence, or if I did contact them what should I ask for to explain.
Again thanks for everyone's help...
Carl
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Tazmaina69
post Sun, 19 Feb 2017 - 23:33
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Hi
Can anyone tell me what would br the best course of action to take please.

Contact Napier Parking and bwlegal and explain again that I was at work the time of contravention again via email and provide proof.
The first time I knew was when received the letter on the 16-12-16
Contact DVLA to see if they asked for my information twice as funny how they got my new address.
Wait till the court papers and prepare my defence and proof that I was at work.

Part of me just saying wait till they take me to court if they do and go, give them no more information and just put in my defence, but there a lot more people who are on this forum with a better understanding.

Thanks

Private parking company should not be able to get away with their tactics.
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SchoolRunMum
post Sun, 19 Feb 2017 - 23:50
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QUOTE
Contact Napier Parking and bwlegal and explain again that I was at work the time of contravention again via email and provide proof.


Already told you, that is not a winning defence against Napier because they do (invariably in cases I have seen) comply with the law for 'keeper liability' - i.e. they can hold you liable even if you were in hospital with 2 broken legs, unable to drive. Told you here:

QUOTE (SchoolRunMum @ Sat, 18 Feb 2017 - 19:59) *
Trouble is, Napier use a NTK which (last time I saw one) was POFA compliant so they will be pursuing you for keeper liability. So your evidence of where you were as keeper, whilst worth including in case BW Legal muck this up, may not be the silver bullet you want it to be.


The best news of all is that this is being 'run' by BW Legal who might well throw their chances away merely due to their own incompetence & disregard for court process and 'niceties' like filing a Witness Statement in time later on.

As for the new address, maybe whoever lives there now gave your new address as they were fed up with getting letters addressed to you. Or maybe they used a Tracing agent, some parking firms do and they are allowed to. They CANNOT ask the DVLA twice and will not have done.
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ostell
post Mon, 20 Feb 2017 - 07:26
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So it may be worth asking the DVLA who requested data for the car. Settle the discussion.
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Tazmaina69
post Mon, 20 Feb 2017 - 13:23
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I have requested information from the DVLA today via Email on who ask asked for details, date's and time, also have went back to my old address to speak to the others lodgers (one has moved on) and they have just destroyed any mail for me putting in the bin as they didn't know where I have moved to, so if anyone has asked they couldn't tell them anyway.
As for tracing agency working for Napier Parking or bwlegal to track me down are they allowed to to this? As have gone through the DVLA request for information and give them no right to do so is that missus of the POFA.

Carl
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