Napier Parking/BW Legal, CCBS Claim Form received. Help and guidance very much needed!

Coupon-mad

Putting the word defence instead of Witness Statement is not shooting yourself in the foot, obviously the Judge won’t care!

Coupon-mad

Dotage said:

Yes, thanks Coupon-mad, have already done the necessary, and with a vengeance!
I would very much appreciate it, if someone could find the time to give my redacted witness statement and bundle a critical appraisal, please see link below.
https://www.dropbox.com/s/oik0h4lqg82lh7k/Redacted Witness statment + Bundle.pdf?dl=0

Can you update the thread to let us know what happened, good or bad, please?  

Dotage

Hi Coupon-mad, thanks for asking, the first hearing was cancelled the day before it was due, new hearing has now been arranged for mid April, really not sure if it will go ahead, or suffer the same fate as the last one!

Coupon-mad

OK good, I caught you in time to tell you something useful for you, then.  I would add a Supplementary WS now:

Did you see the new statutory Code of Practice last month has banned add-ons because the DLUHC says they were 'designed to extort money from motorists'?

It matters because it's a clear steer for Judges in existing cases, that added costs are 'extortionate':

https://forums.moneysavingexpert.com/discussion/comment/79033847#Comment_79033847

Add something based on the wording created by @bargepole last month.

Read the new Code and the Explanatory document published on 7th Feb by the DLUHC, as there are other useful sections in the statutory Code that set out 'best practice' on signage, etc., that can be used to say 'here's what they should have done'.  

Dotage

Thanks for the very timley advice, I will have a swot up on what you advise, and submit a supplementary WS, without delay, thanks again.

Fruitcake

If/when you have the claimant's WS, please show it here, especially the alleged landowner contract. Redact personal information, but leave anything that is already in the public domain. Upload it to Dropbox or similar and post the link here. Make sure the hosting account is unique, is not in anyone's real name, and does not contain any other personal documents or images. 

Dotage

Hi Fruitcake
Please follow dropbox link for all WS etc from the other side https://www.dropbox.com/sh/j4xqs4gmr8opu2x/AAA9ujnPpK8pQxyf7slJqyNMa?dl=0
Would very much appreciate any guidance you can give, before I submit my SWS, as per @bargepole's wording.
Many thanks

Fruitcake

The first thing that jumps out at me is that the contract states Napier will,

(1). Service: The supplier agrees that on the site listed in (A) above

...

(b) "Operate in accordance with the British Parking Associations Approved Operator Scheme."

Napier are now IPC members and operate in accordance with the IPC's Approved Operator Scheme.
In other words, they have failed to comply with the terms of the contract para 1 (b).

Fruitcake

Para 3 (e) of the contract gives Napier the right to take legal/court action in order to recover charges due from the driver.

It does not authorise them to take legal/court action to recover charges from the keeper.

Coupon-mad

What do you mean, a WS based on bargepole's wording?  People are using and adapting my template defence wording, e.g. recent draft WS by @ricky_balboa