Napier Parking - Claim Form

youngie24

I have copied the main part of the Witness statement 

Redx

Of course they monitor this forum , it's well known and quite obvious that these lawyers and parking companies come to these forums and monitor what is going on, all standard fodder , it's a public forum that anyone can access , it's not a private meeting with your own lawyer in a private room ! No Biggie , nothing wrong with seeking help from the internet or citizens advice etc !!

They rarely if ever attend these hearings , but it's common to use an advocate , a badly prepared jobbing lawyer who gets the case the day before and skim reads it etc !

You do your best as a litigation in person , you win or lose , profit or loss , it's just a financial disagreement between 2 entities over an unpaid invoice for a perceived breach of contract. It's not a murder trial , so keep it in proportion , it's more like Rinder but minus all the silly theatrics

Read court reports about recently completed cases on here , to get a flavour of what happens

Le_Kirk

When this tactic (using "Internet defence") was pointed out to a judge recently, his reply was "so what?"

D_P_Dance

Personally, I would comlain to the SRA

https://www.sra.org.uk/consumers/problems/report-solicitor/

There is niothing wrong with A LIP copying stuff of the ineternet

Umkomaas

Do a forum search on the word 'nonsensical' and see how many times it appears in BWL Witness Statements and the bit about the defendant quoting large chunks about which they are unlikely to have knowledge. It's little more than a standard BWL template section, with them tagging on anything they could dig up from your thread on the forum. 

Tazman1969

All to scare 😱 you to give up & pay, and realise that you have knowledge that they didn't want you to have. People who come on here are so well informed that they hate it, what are they going to do next? say that you're been to the library and gathered information about it all so should be disallowed...really. 
They are after the less well informed and will scare, intimidate & spout out all of their rubbish to get you to pay up before going to court. 

Not_A_Hope

The section of your witness statement you have shared focusses on the lack of appropriate signage and is a strong point in your defence especially if the scammers have provided photos that are not at this location.

I don't understand why you have stated that it is a permit only car park and then state in para 8 'not because I did not pay fully but because I paid later than they would have liked'. 
I suspect this is a cut and paste error from another case and you need to explain it away or accept the error if asked.

You probably have lots of further defence points that would have been included in the Defence Template but I cannot see that you have referred to them in your witness statement. For instance if it was a permit only car park there could have been no 'contract formed between you and the PPC'. Do the signs indicate how to obtain a permit? You need to get the solicitors to explain to the judge exactly what the PCN is for (trespass?). Try to read up on a couple of permit only car park cases on the forum.

Did you get a copy of the contract between the Landowner and the PPC? Often they do not exist, are out of date or fail the requirements of the Companies Act. Again you put the claimant to strict proof at the hearing that they have the right to manage this car park and have met the requirements of the law and the landowner (location, appropriate signatories, dates etc). If you haven't had a copy ask the judge if one has been provided by the claimant for the hearing.

No doubt the scammers have added some £60 to the original £100 PCN. This is double recovery and is an abuse of process try exaggerating the claim which is not allowed. The defence template covers this and you should read up on cases where the entire claim had been thrown out. Read up the case heard by DJ Jackson on Excel vs Wilkinson and get the judge in your hearing to ask what the extra charges are actually for. They are not allowed as the Supreme Court in Parking Eye vs Beavis agreed that a charge of £85 which included all costs of recovery was not unconscionable (acceptable) i.e. They did not allow additional costs.

Do some homework. With a fair minded judge that understands parking law you can win this even if a representative for the claimant turns up.

youngie24

Hi all many thanks for all your support it has made me feel a lot easier .. although I'm still very daunted by it all  .. It was a permit only car park and not a pay and display .. so that is a copying error not picked up by myself and is not right what I have stated .. so will explain my error if asked ..   I will forward the full witness statement when I'm home .. they have forwarded a copy of the Landowner contract .. but again I will post this on here ..also the owner has two car parks either side of their building and B W Legal have sent photos of the other car park .. although some signs are the same on the back wall but not as many .. . I also took a video of the entrance and there are no signs as you enter the car park .. but there are on the back wall .. it was dark and I reversed in and didn't see them as they were on the back wall  .. I was only there for 3 minutes and would have been there less had my friends Son not of fallen and as he fell putting his presents in my boot and caught his back  on a metal spike sticking out of the wall where there was a shear drop at the back of my car which I didn't see and had to rush him to hospital .. also I have used this car park several times previously with no issues .. although the company that used the car park is no longer there.

Is it worth dong SRA at this stage ?? this is something again im not sure about and would need to look into  

Coupon-mad

No point complaining to the SRA about a solicitor whose actions are determined by his client.  There is no ground there. The fact they are trying to make a Judge read hearsay forum posts AND they are not turning up to the hearing is intimidatory and unreasonable, you are allowed to get online help.  Their client got legal help and used templates throughout this process and can't even be bothered to show up to the hearing!

Did you read the case from last week reporting about what a CVP hearing is like and how to prepare?  No idea which one it was, sorry, but it was useful and only last week.

 I was horrified upon reading my papers that the claimants solicitor has searched the forum and found all my questions and answers and have used this in their witness statement against me …

Don't be horrified, laugh like this person did, and send the court your email for the CVP (again) and go win your case:

Premier Park Ltd ordered to pay £500 in costs for unreasonable late discontinuance at Southampton County Court (includes all orders and judgment transcript following his application for a costs hearing:  Premier Park v S Jones):

https://forums.moneysavingexpert.com/discussion/6271727/residential-pcn-premier-park-ltd-ordered-to-pay-500-in-costs-at-southampton-county-court

"The 05 Witness Statement is interesting and quotes a post from this forum. The statement by Mr Byers-Nolan was riddled with errors and inconsistencies, ignored the main points of the case and was delivered so late that the Judge ignored it. As he did with my skeleton argument…
 
You might think I would be steaming with anger with PP, BW Legal, DRP, Gladstones, CST Law, Zenith Collections et al, but no. If POPLA are going to boast on their website that they take “into consideration the relevant law, guidance and standards and the BPA Code of Practice.” they should do exactly that. Don’t employ someone with experience of “conflict resolution” and “problem solving” to decide on points of law. How about employing someone with a legal background to decide on legal matters? The new Government CoP will hopefully remove POPLA from the equation.

And finally, for the Premier Park Ltd and BW Legal employees who lurk on this forum: we still have a BIG problem with the other 24 PCNs you plastered my vehicles with, don’t we?"

KeithP

youngie24 said:

Is it worth dong SRA at this stage ??  

I'm sure you meant to ask whether it is worth sending a Subject Access Request to Napier Parking Limited, but as you see, someone else has interpreted your question differently.

Please take care.