Napier Parking

Beebee88

Hi folks

I'm new to all this so bare with me please.

It's a bit late but here goes;

I got a ticket from Napier Parking in Sept 2019 in London which I've ignored including all their communications by post.

I have since received a court claim in March for the amount of £246.12 including court fees and legal costs.

I'm not sure whether to see it out to the court procedure and ride my luck or just pay them the money.

I'll be most grateful for some advice as I need to take action before the 21st of April, late i know, but I'm so busy these days w/ work

Much thanks

Umkomaas

What is the date of issue showing on the N1 court claim form please?  Have you acknowledged service (receipt) of the claim?  Have you made any form of defence while acknowledging service?

Beebee88

Thanks for your reply. The date is 23rd of March, I have acknowledged service via email. I'm working with a blue print defence that brings up the point of denying agreement of entering into a y contractual agreement, the claimant not being sure whether the driver or keeper is responsible according to POFA 2012, Parkingeye v Beavis, the sum breaching section 2 of the consumer rights act 2015 and also the excel services v Adrian Cockshott.

As you can tell I'm no expert, any help would be appreciated.

KeithP

Beebee88 said:

The date is 23rd of March, I have acknowledged service via email.

With a Claim Issue Date of 23rd March, hopefully you filed an Acknowledgment of Service sometime after 26th March and before 12th April. Please confirm. Your MCOL Claim History will have the exact date.

With a Claim Issue Date of 23rd March, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 26th April 2021 to file your Defence.

That's over a week away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Coupon-mad

 excel services v Adrian Cockshott.

Never heard of it and there is no transcript and it's not a precedent.  Why aren't you just using the forum TEMPLATE DEFENCE: top of this board?

Beebee88

KeithP said:

Beebee88 said:

The date is 23rd of March, I have acknowledged service via email.

With a Claim Issue Date of 23rd March, hopefully you filed an Acknowledgment of Service sometime after 26th March and before 12th April. Please confirm. Your MCOL Claim History will have the exact date.

With a Claim Issue Date of 23rd March, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 26th April 2021 to file your Defence.

That's over a week away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

i replied to the court email on the 5th of April.

I thought I had 28 days to file a defence from March 23rd ?

I'll make use of the link

Thanks

Beebee88

Coupon-mad said:

 excel services v Adrian Cockshott.

Never heard of it and there is no transcript and it's not a precedent.  Why aren't you just using the forum TEMPLATE DEFENCE: top of this board?

Are you reffering to the link posted by KeithP?

KeithP

Beebee88 said:

KeithP said:

Beebee88 said:

The date is 23rd of March, I have acknowledged service via email.

With a Claim Issue Date of 23rd March, hopefully you filed an Acknowledgment of Service sometime after 26th March and before 12th April. Please confirm. Your MCOL Claim History will have the exact date.

With a Claim Issue Date of 23rd March, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 26th April 2021 to file your Defence.

That's over a week away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

i replied to the court email on the 5th of April.

I thought I had 28 days to file a defence from March 23rd ?

The back of your Claim Form tells you:

It goes on to say:

D_P_Dance

You now need to take this seriously, these companies can ruin your life.  

The amount they are claiming is likely to contain unlawful amounts, read this,

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

Redx

No point paying nearly £250 when the true figure at stake is probably £190 or less if you lost in court !!

That £250 includes unlawful charges , typically £60 or more

A Parking Eye case is typically £175 so is a reasonable benchmark as an example

KeithP will be correct on his dates , just assume that he is right and you are not , it's easier that way

You can login and check your claim history for issue dates and AOS dates , but as long as it as 5 or more days after the issue date , the defence deadline will be what he said

At the moment there is no court , just a civil service office , no court has been allocated yet

Let's see your adapted paragraphs 2 and 3 from the coupon mad template

D_P_Dance

That £250 includes unlawful charges , typically £60 or more

Read this

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.