Parking ticket

Lorr244

Hi, I tried to open the newbies links but neither opened so I am sorry if I am repeating what may have been asked before. 
I bought a valid ticket which (I thought) I displayed.  7 days later I received a FCN from Napier.  I knew I'd paid as I park in the same car park every week.  I went to my car and the ticket was in the grate bit at the front of the car. The wind had obviously blown it when I got out of the car. 
I immediately emailed them a copy of the ticket. 

I stood my ground for a few months and have ignored everything since as I think it's ridiculous that I have proof I was not avoiding payment....I do understand it has to be on show but I'm not a keeper of the weather and don't normally check to see if it has blown out of view. 
It is now with BW legal whose latest letter today is saying they will be issuing  a Claim in the county court or pay £150 to settle. 
Do I have my day in court? Surely the magistrates will prevail common sense?
Can't believe they are still chasing me.
Advice very much appreciated.

Redx

Use a laptop , not a phone , especially to read advice threads like the newbies FAQ sticky thread near the top of the forum in announcements

B w legal will issue a court claim pack from the CCBC in Northampton against you in the near future

Email them to tell them that you are obtaining debt management advice and to place the matter on hold for 30 days

Email a SAR to the DPO at Napier attaching copies of 2 recent redacted utility bills as proof of I D under the GDPR law

Then await your court claim pack

No magistrates are involved , it's a civil matter in civil court presided over by a judge , like on Rinder

We can believe it , because of the pandemic , plus they have 6 years to issue a court claim for the unpaid invoice

Here is another Napier one , much further along than yours

https://forums.moneysavingexpert.com/discussion/6267545/napier-parking-claim-form/p1

D_P_Dance

... or pay £150 to settle. 

They have added what appears to be an extra unlawful amount for debt collection. Judges have bben known dismissed an entire claim because this. Read this and complain to your 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''.

https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V Excel v Wilkinson.pdf?dl=0

Coupon-mad

Please read the NEWBIES thread on a laptop. 

Not sure what links you mean that wouldn't open.  They all work, I think and the NEWBIES thread isn't a link, it's an Announcement pinned sticky thread, top of the forum.  My signature below this reply, tells you where to click to get there.