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Napier Parking / Willen Lake Parking Ticket - Court Claim

Hi all,

I would be grateful for advice on a court claim I’ve received for a parking ticket I was issued in February 2020. I have read the ‘Newbies Thread’ and have read other forum posts regarding this issue and can see that there’s some very knowledgeable people here that has provided great advice.

Essentially, I paid for a ticket at the Napier Carpark at Willen Lake for an hr and was late back to my car by 16mins. This was due to an injury a friend received whilst we were playing football at local football courts that we had hired out from a company on site – and one that we do so weekly. My instinct – perhaps wrongly – was to ignore all communication from Napier and subsequently their solicitors BW Legal. I eventually received a Claim Form at the start of this month, which I have responded to stating my intent to defend the full claim, but admittedly I provided barely a fraction of the detail provided on the templates in the Newbies forum.

Up until this point, I haven’t made contact with either Napier Parking or BW Legal, nor have I got in touch with the Landowner regarding this issue. Following the advice I’ve read on the Newbies Thread, I sent emails to all three today; the first to Napier requesting a SAR, the second to BW Legal advising that I deny the debt and have sent your client a SAR, and a third to the Landowner complaining about the parking ticket. I appreciate that this may be acting after the horse has bolted, but I'm determined to try and get on top of this going forward following the advice found on here.

I have just completed the Directions questionnaire and will send a copy of this to Napier Parking as specified on the form. With all of this… my question at this point is whether there’s any other action that I can/should be taking at this point, whether there’s any action I shouldn’t take, and whether I really have any leg to stand on? I know that 16mins is pushing it with the grace period, but it bothers me that I regularly park at this site, paid for a ticket and was caught out so quickly.

Thanks all.


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Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 2 December 2020 at 2:00PM
    If you have a court claim pack from the CCBC in Northampton , what is the issue date from the claim form ?

    What date was the AOS received by the CCBC ?

    Login and check , tell us exactly what it says

    The defence is next , not the DQ , do not do the DQ yet

    Post a copy of the draft defence below , but only post the adapted paragraphs from the coupon mad template , not the rest

    Slow down , stop rushing , it's a marathon , not a sprint

    If you have stupidly filled in the defence box online , post that below ,so we can see how poor it is !!
  • KeithP
    KeithP Posts: 41,218 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 2 December 2020 at 2:05PM
    @Redx, from what I've read the OP has already filed a Defence and is heading towards filing a Directions Questionnaire.

    OP, please show us the Defence that you have filed - word for word.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Fools rush in ............ Etc

    Too late to change it then

    Appalling !!
  • Le_Kirk
    Le_Kirk Posts: 24,134 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    My reading of the OP is that the defence was filed on line using MCOL and the box in which no one should put "anything not even a full stop!"
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Le_Kirk said:
    My reading of the OP is that the defence was filed on line using MCOL and the box in which no one should put "anything not even a full stop!"
    So nothing we can assist them with at this time !!
  • Coupon-mad
    Coupon-mad Posts: 148,042 Forumite
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    The OP needs to show us the exact defence filed, word for word.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Hi all, thank you for coming back to me so quickly. I really appreciate it, and I apologise for the amateurish way I have gone about things so far. Admittedly there was a bit of panic when I received the Claim Form from the CCBC, and just wanted it responded to. If I've irretrievably screwed this for myself, do let me know.

    Le_Kirk is right in that I responded to the claim online on MCOL. I responded in the 'Defence' box. Apologies in advance for this, but here is the 'defence'..

    Paid for parking - barely late due to injury of a
    friend playing football at local pitch - actually walked past
    parking attendant who had specifically checked on my car and was
    walking away from car park. Egregious fine amount. Dispute that Napier require
    compensating £100.

  • Le_Kirk
    Le_Kirk Posts: 24,134 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    You will have to try to recover this with a well written witness statement when the time comes.  Might be worth getting a witness statement (in writing) from the person you were helping.  This is an example of vicissitude (ask Auntie Google).
  • Thanks Le_Kirk, I'll get on this when the time comes. In the meantime, I've had a couple of threads regarding the DQ - is my understanding correct that I should say no to mediation? 
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