Napier parking claim form received

conrod98

Thanks i will first look at the street view and sorry for not understanding properly, i have to read stuff many times to understand something

KeithP

Willen Lakes has been mentioned time and time again on this forum. Have a look at other threads.

Coupon-mad

I seem to recall there is an issue with the landowner/who it is and who has signed Napier's agreement.

conrod98

Just had a look on google street view it has jogged some of my memory, so as you enter it says you should pay before you leave the car park and now i remember that i didn't have any coins to pay it and there was no option to pay by card

KeithP

Coupon-mad said:

I seem to recall there is an issue with the landowner/who it is and who has signed Napier's agreement.

Yes, from their website, www.willenlake.org.uk:

Willen Lake is managed by The Parks Trust, which cares for over 6,000 acres of parkland and green space across Milton Keynes. 

From The Parks Trust website we see...

The Trust has 125-year leases on Caldecotte Lake, Willen Lake north and south and Furzton Lake. 

and...

The freeholder of the lakes is Anglian Water...

Redx

Shoaib121 said:

Thanks i will first look at the street view and sorry for not understanding properly, i have to read stuff many times to understand something

Well , understand this

Read a dozen recent court claim threads involving Napier , HIGHVIEW and C P Plus , where the defence paragraphs have been published , cherry pick from them and draft yours , plus read any Napier Willen lakes threads over the last 2 years as well. There are over a dozen HIGHVIEW cases salons at the moment on here , and a few C P Plus too 

It may take you a few days or a week or two to do the preparation ,  but write notes plus copy and paste relevant sections into your own draft , then hone as required into something suitable for showing to us , because you have 4 weeks to get it right !! Four !

Show us your draft based on their drafts when you have the basis of a draft worth checking

conrod98

2). It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. The identity of the driver at the material time is unknown to the Defendant. The Defendant is unable to recall who was or was not driving nearly 3 years ago.

3). The Defendant was issued with a Claim Form by BW Legal acting on behalf of the Claimant Napier Parking Limited for a Total amount of £256.84. Through research the Defendant has come to understand that this relates to a PCN that was issued against the Defendant’s vehicle ******* nearly 3 years ago on 16/05/2018 at Willen lake north carpark in Milton Keynes

a). The Defendant as the registered keeper of the vehicle in question notes that they cannot be held liable due to the Claimant not complying with the ‘keeper liability’ requirements set out in the Protection of Freedoms Act 2012 (PoFA), Schedule 4.

b). In the Particulars of Claim it is stated that the Defendant is liable as the driver or keeper but the Claimant has failed to provide any evidence that Defendant was also the driver. A compliant Notices to Keeper was not properly served in strict accordance with Paragraph 9, sub-paragraphs 4 and 5 of the PoFA, which states that Notice to Keeper must be sent within 14 days beginning with the day after alleged parking event ended to keep defendant liable for the charges as the keeper of vehicle.

c). PATAS and POPLA Lead Adjudicator and barrister, Henry Michael Greenslade, clarified that with regards to keeper liability, “There is no ‘reasonable presumption’ in law that the registered keeper of a vehicle is the driver and the operators should never suggest anything of the sort” (POPLA report 2015).

Coupon-mad

Get rid of a, b, c because it was unlikely to be a non-POFA Notice to Keeper (unlike HIghview and CP Plus cases).

KeithP

Add some words to the last sentence in para 2 so that it reads...

The Defendant is unable to recall who was or was not driving on an unremarkable day nearly 3 years ago.

Redx

In 3) add £80 before FCN ( change from PCN ) , if that was the charge 3 years ago , which it was 5 years ago , so not £121 as stated on the POC. So £80 FCN , or possibly it was a £100 FCN ? The FCN would have stated it when it was received