Notice of intended court action

Crabman

fisherjim wrote: »

In spite of having two threads started for the same incident:

https://forums.moneysavingexpert.com/discussion/5235071

Duplicate threads have been merged

debtfreein2008

Hi

I'm so sorry, I thought I would get an email notification telling me I had a reply but I haven't had anything! Thank you for all the response so far.

To answer questions:

The company is Napier Parking and it was at Willen Lake in Milton Keynes

Sorry I don't know what the PPC is?

For the POPLA appeal I was trueful! I was away from my car for 3 minutes to drop off an inhaler. It was declined because mitigation isn't a reason, (I should've come here first)!

The letter is from Napier parking stating that they will take legal action if I don't pay, (they include the transcript from another case to prove that they do take people to court)!

Sorry again for lack of response - genuine reason and I will check frequently from here on x

Coupon-mad

debtfreein2008 wrote: »

Napier Parking and it was at Willen Lake in Milton Keynes.

Whoops, get ready to defend a small claim. You'd likely have lost at POPLA against them anyway unless you'd cited PE v Beavis and asked for a stay of the decision. You were up against a person who argues black is white to win POPLA appeals and rolls out a legal costs argument showing a £2000 legal bill.

They will sue you now. Sorry. Don't be harsh on yourself, I think you'd have lost the POPLA appeal anyway. Never go near a Napier car park even for a minute.

AVOID WILLEN LAKES DUE TO THIS PARKING OPERATOR.

debtfreein2008

Thanks. Is it worth defending or shall I just pay up? Its so annoying because I used work nearby and often at lunchtime I go there for a walk and I always pay but this time I just didn't even thinking about it, I'm not exaggerating when I say I was 3 minutes and even on the PCN there only a 3 minute observation time!

Coupon-mad

fisherjim wrote: »

What ever did you use as an appeal basis to fail at POPLA?
You will need to give the PPC name for the regulars to help you with this.

Would have lost anyway.

Pay up IMHO if the parking charge is still held at that amount - but you may now be outside the time limit to pay that sum? Defend if not.

DON'T PAY HOPING TO GET AWAY WITH PAYING IT LATE. THEY WILL STILL SUE YOU. NEVER PARK THERE - YOU'VE CHOSEN ONE OF THE WORST CAR PARKS IN THE UK FOR FAKE PCNs.

debtfreein2008

DON'T PAY HOPING TO GET AWAY WITH PAYING IT LATE. THEY WILL STILL SUE YOU. NEVER PARK THERE - YOU'VE CHOSEN ONE OF THE WORST CAR PARKS IN THE UK FOR FAKE PCNs.

Really??? Are they known for this then? Its horrible because its a local park that is paid for via council tax and this is just another tax!

I have to pay £80 rather than £40 because I appealed, to me this seems a contravention of my rights- I have the right of appeal and should not be penalised for doing so, win or lose!

Redx

they certainly are well known for this on a few car parks, but especially that one which is notorious

see pranksters blogs on that PPC (acronyms explained in the newbies sticky thread)

http://parking-prankster.blogspot.co.uk/2014/09/napier-parking-issue-ticket-for-12.html

or scroll down for this one (de savary)
The Grace Period is not a Free Parking Period

http://parking-prankster.blogspot.co.uk/2014_09_01_archive.html

and

https://forums.moneysavingexpert.com/discussion/5054056

and mitigation never wins at popla, as you have found out (they say so on their website)

profit before truth or compassion, welcome to the world of private parking , its an unregulated industry where there are little or no "rights"

Marktheshark

3 minutes.
Well a good defence would be in that 3 minutes, you got out of the car and read the sign, decided to reject the contractual offer and left.
It's either an offer or its not.
You either have a choice to accept it or you don't and can leave
Unless its one you can not refuse.

debtfreein2008

Um doesn't make for good reading. I cant afford £80!!! Especially for 3 minutes! I the attendant followed me in to the car park, he told me this, although obviously I didn't realise this - bit sneaky having him in an unbranded car!

Is it worth me offering the £40?

Quentin

Marktheshark wrote: »

3 minutes.
Well a good defence would be in that 3 minutes, you got out of the car and read the sign, decided to reject the contractual offer and left.
It's either an offer or its not.
You either have a choice to accept it or you don't and can leave
Unless its one you can not refuse.

Except the OP didn't use the 3 minutes to read the sign!