Napier Parking - Claim Form

youngie24

Hi All 
I'm looking for some much needed help ... 
Back in October 2019 I parked my car which unbeknown to me was for Permit holders only , My car was there for 3 minutes while I went to pick mine and my Friends children up from a party, so I feel this is an unfair charge due to the time spent and also lack of sign posts on entrance and on the wall on the side I entreated in, but there were signs behind me which I did not  see as  I reversed in.
The original charge was for £60.00 since then also the costs have increased  and I have disputed it from the off - also on return to the car one of the children ran to the back of the car and fell down a huge drop with no warnings and slit his back open on a hook sticking out from the concrete ..we had to go straight to A & E as it went straight through his back and had to be stitched and was pouring with blood and they have not even acknowledged the accident.
I am now in receipt of a Claim Form from Napier and I have completed the Response Pack stating that I intend to defend all of this claim and I have also filled part of the  the Defence and Counterclaim but I have not filled in the Defence side of it .
The claim is dated 12/05/2021 but I'm not sure what to email them back ? do I send both of the above forms back by email or only the Response form  ? I also read that maybe I shouldn't have filled or ticked some of the boxes on the Defence form ?
If anyone could help it would be greatly appreciated as time I can see is of the essence
Many thanks 

Update ... this is the claim form which I cannot complete online due to it not accepting the claim form number and password 

KeithP

youngie24 said:

I am now in receipt of a Claim Form from Napier and I have completed the Response Pack stating that I intend to defend all of this claim and I have also filled part of the  the Defence and Counterclaim but I have not filled in the Defence side of it .
The claim is dated 12/05/2021 but I'm not sure what to email them back ?

Hello and welcome.

It looks like you may have already filed an Acknowledgment of Service. If so, please tell us exactly when you did that. Your Claim History on MCOL website will have the definitive answer.

D_P_Dance

They are making a claim for 3 minutes, for an overstay two years ago,  I fear they may struggle in court, read this

https://en.wikipedia.org/wiki/De_minimis#:~:text=De minimis is a Latin,court refuses to consider trifling

and complain to your MP

Redx

there is no rush yet , take a chill pill

you do not need to use the paperwork that was sent , everything is done online and by email

so as the issue date by Napier (or their lawyer) is the 12/05/2021, when you logged in did you complete the AOS online ? yes or no and on what date ? (the newbies thread post 2 has a guide on doing the AOS)

if yes , email a SAR to the DPO at Napier to obtain all your data , attaching a copy of the claim form to the email as proof of I D under the GDPR law (DPA) , ten minutes work

read the newbies faq sticky thread near the top of this forum, especially posts 5 and 2 , then look at the coupon mad template defence dated oct 2020 because you will be adapting it for use

eventually you will be emailing the ccbcaq email address with the pdf defence (not posted , not filled in online either)

youngie24

KeithP said:

youngie24 said:

I am now in receipt of a Claim Form from Napier and I have completed the Response Pack stating that I intend to defend all of this claim and I have also filled part of the  the Defence and Counterclaim but I have not filled in the Defence side of it .
The claim is dated 12/05/2021 but I'm not sure what to email them back ?

Hello and welcome.

It looks like you may have already filed an Acknowledgment of Service. If so, please tell us exactly when you did that. Your Claim History on MCOL website will have the definitive answer.

HI 
I have only filled in the papers sent in the post but haven't done anything with them .. I did try to do it on the moneyclaim.gov.uk but it would not accept the Claim number and password ... the Claim number has an O in it but I'm not sure if it is a Letter or Number and you can only do it 5 times before it locks you out ?

youngie24

Redx said:

there is no rush yet , take a chill pill

you do not need to use the paperwork that was sent , everything is done online and by email

so as the issue date by Napier (or their lawyer) is the 12/05/2021, when you logged in did you complete the AOS online ? yes or no and on what date ? (the newbies thread post 2 has a guide on doing the AOS)

if yes , email a SAR to the DPO at Napier to obtain all your data , attaching a copy of the claim form to the email as proof of I D under the GDPR law (DPA) , ten minutes work

read the newbies faq sticky thread near the top of this forum, especially posts 5 and 2 , then look at the coupon mad template defence dated oct 2020 because you will be adapting it for use

eventually you will be emailing the ccbcaq email address with the pdf defence (not posted , not filled in online either)

I have not gone online as www.moneyclaim.gov.uk would not accept the Claim number and password  aadn you only get 5 attempts and its having none of it ? as I'm not sure if the O is a letter or number on the claim number  .. 
sorry for the ignorance but what is SAR, DPO? 

KeithP

youngie24 said:

KeithP said:

youngie24 said:

I am now in receipt of a Claim Form from Napier and I have completed the Response Pack stating that I intend to defend all of this claim and I have also filled part of the  the Defence and Counterclaim but I have not filled in the Defence side of it .
The claim is dated 12/05/2021 but I'm not sure what to email them back ?

Hello and welcome.

It looks like you may have already filed an Acknowledgment of Service. If so, please tell us exactly when you did that. Your Claim History on MCOL website will have the definitive answer.

HI 
I have only filled in the papers sent in the post but haven't done anything with them .. I did try to do it on the moneyclaim.gov.uk but it would not accept the Claim number and password ... the Claim number has an O in it but I'm not sure if it is a Letter or Number and you can only do it 5 times before it locks you out ?

With a Claim Issue Date of 12th May, you have until Tuesday 1st June to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

As you are unable to access the MCOL website, I suggest you email a copy of that Acknowledgment of Service to the County Court Business Centre. 

To find out how to complete the form you might want to look at the guidance in the Dropbox file linked from the second post in the NEWBIES thread. Send it as a PDF attachment to ccbcaq@Justice.gov.uk.

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.

Redx

So are you locked out ? Yes or no ?

If no , what does the claim history say ? Check it and copy and paste on here

If yes , then you can email a copy of the paper form to the ccbcaq email address instead

Those last questions are explained in post 5 of the newbies FAQ sticky thread that you didn't read even though I asked you to , so do so now

Redact the claim form by hiding your name and address , reference numbers , your mcol password and number plate details , with white card , take a picture and attach it to your post , but leave a little bit of the section with the O or 0  showing so we can assist , double check there are no personal details before attaching it , or you will have trouble getting the picture removed , due to being a newbie

Typo by KeithP above , issue date is 12 , not 15 😃😃

Coupon-mad

 what is SAR, DPO? 

This is why you need to read the NEWBIES thread first as we can't explain acronyms on everyone's threads, and you need to read the NEWBIES thread anyway to learn what happens when and how to win.

youngie24

ok im sorry its took me most of the day to post it ☺ im not sure where to look tbh :-(

Redx

youngie24 said:

ok im sorry its took me most of the day to post it ☺ im not sure where to look tbh :-(

Use a laptop , not a phone , use the correct tool for the job

It's a few threads above your thread , in announcements