Napier parking claim form received

conrod98

Hi everyone sorry I'm so clueless about private parking companies, around 4 years ago i received a ticket from a private company called napier parking, kept receiving letters and they stopped but recently I've received a claim form and the total amount is £256.84 i don't have that sort of money what can i do, please help me as I'm clueless 😅

Coupon-mad

Luckily, there is the NEWBIES thread 2nd post all about what to do.    Come back with any questions when you've read it. 

No link will be given (not needed, see my signature, it's 2 clicks back) and no trying to use this forum on a phone.

Le_Kirk

If you read the NEWBIE sticky, second post, you will become less clueless as it tells you what to do.  Now that you have posted your issue date of the claim form, forum regular @KeithP will be along to give you some deadlines for submitting your defence, so do not complete the AoS before 17th May and also how to complete a defence using the standard template.

Fruitcake

Did you appeal to the scammers at the time? Ignoring a PCN has not been advised here since the law changed in 2012.

What happened when you complained to the landowner? That is always plan A, and it's never too late to get a landowner cancellation.

If you didn't keep the NTK or other paperwork, send an SAR to the DPO of the scammers as per the guidance in the NEWBIES. This should flush out the original NTK so you will be able to check if it is capable of holding a keeper liable. Do this asap. It only takes a few minutes and it will mean you will get to see what this is all about before you submit your defence. Do not miss the AoS submission date though.

You will need to include proof of ID with the SAR such as a copy of the claim form or V5C if you haven't moved since the alleged event. Alternatively send two redacted utility bills or bank/card statements. Do not send photo' ID.

KeithP

With a Claim Issue Date of 12th May, you have until Tuesday 1st June to file an Acknowledgment of Service. As @Le_Kirk says. do not file an AoS before 17th May, but otherwise there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS, you have until 4pm on Monday 14th June 2021 to file your Defence.

That's over four weeks 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 again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

conrod98

Please can someone tell me if this is correct or do i need to include more bits, I'm not good with these sort of stuff

conrod98

@Fruitcake hi, i didn't appeal, nor did i keep any of the letters, i received the ticket in 2018 so i can't really remember, i only received the claim letter 

Umkomaas

Doesn't the SAR template linked from the NEWBIES FAQ sticky, second post, cover more than this?  You need to list exactly what you are seeking - but only stuff that contains your personal details, so don't ask for copies of the car park signage, or the PPC's contract with the landowner. 

Whatever you do, do not offer them the opportunity to delay this by asking you to provide more personal ID such as your driving licence or your passport. Just send them a copy of your V5C (logbook) and perhaps a utility bill with your address on it. 

Are you trying to do all this on a telephone?  You'll experience major difficulties as the matter progresses if you do so. As a minimum, a decent tablet, but better a laptop or PC. 

D_P_Dance

 but recently I've received a claim form and the total amount is £256.84

Some/a lot of that is likely to be unlawful, read this and complain to you MP.

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''.

conrod98

Do i copy that template and ask them for photo evidence, all emails and letter sent or received, any appeal correspondence earlier
- if the car park was Pay and Display,  PDT machine record from that day, of payments made 

Redx

Shoaib121 said:

Do i copy that template and ask them for photo evidence, all emails and letter sent or received, any appeal correspondence earlier
- if the car park was Pay and Display,  PDT machine record from that day, of payments made 

yes if you are emailing a SAR to the DPO at Napier, attaching a copy of the claim form or a copy of the V5C , or attaching copies of both , use the SAR template from legal beagles , so yes , all the above, anything which is your data