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Napier Court Claim Form
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agent17
Posts: 67 Forumite
Hi, I received a County Court Claim Form today issued by BW Legal and would like a little help if possible...
1) I have read the Newbies and other related threads but there is a lot of information to take in, which is quite overwhelming on first read. By the tenth read things do become a little clearer but it's still hard work, which excuses (in my eyes anyway) the fact I started to write a SAR letter back in August but got sidetracked and 'avoided' thinking about it any more... 😀
2) The ticket relates to a parking space that I am entitled to under the terms of my shop lease which I signed in February 2017. A couple of months later (or more, can't quite remember exactly when), the landlord did a deal with Napier to manage the car park and from that moment I was issued two parking permits per year for the next four years.
3) There have been times when different vehicles have been used but I have only ever used them in my two allocated spots directly behind my shop and, on more than one occasion, despite the warden knowing who my staff were and seeing the same vehicles every day, they have slapped tickets on us because the permit was accidentally not put on display. The landlord directly got a couple of these cancelled in the early days.
4) Fast forward to May and June 2021 and we got hit with two tickets, the first of which relates to this court claim. My first question - is there a reasonable time before a ticket can be issued? From the paperwork they sent me - Seen at 10:22:27 - Ticket Issued at 10:23:15. That's less than 50 seconds, surely that does not even give us time to go into the building and come out with the permit...
5) The second one (not received court papers yet) - Seen at 15:02:51 - Ticket Issued at 15:03:35. Again, less than 50 seconds.
Based on this info, is there a simple defence I should be putting forward that gets it thrown out straight away?
p.s. I think I just read on one of the threads that I should do the online claim thing after 5 days? I could not find it again, like I said, there's lots been written and it's all a bit overwhelming... 😬
2) The ticket relates to a parking space that I am entitled to under the terms of my shop lease which I signed in February 2017. A couple of months later (or more, can't quite remember exactly when), the landlord did a deal with Napier to manage the car park and from that moment I was issued two parking permits per year for the next four years.
3) There have been times when different vehicles have been used but I have only ever used them in my two allocated spots directly behind my shop and, on more than one occasion, despite the warden knowing who my staff were and seeing the same vehicles every day, they have slapped tickets on us because the permit was accidentally not put on display. The landlord directly got a couple of these cancelled in the early days.
4) Fast forward to May and June 2021 and we got hit with two tickets, the first of which relates to this court claim. My first question - is there a reasonable time before a ticket can be issued? From the paperwork they sent me - Seen at 10:22:27 - Ticket Issued at 10:23:15. That's less than 50 seconds, surely that does not even give us time to go into the building and come out with the permit...
5) The second one (not received court papers yet) - Seen at 15:02:51 - Ticket Issued at 15:03:35. Again, less than 50 seconds.
Based on this info, is there a simple defence I should be putting forward that gets it thrown out straight away?
p.s. I think I just read on one of the threads that I should do the online claim thing after 5 days? I could not find it again, like I said, there's lots been written and it's all a bit overwhelming... 😬
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Comments
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You are unlikely to get it thrown out , but you may win in court , eventually
The announcements section at the top of the forum have what you need , especially the defence template post by coupon mad , the first post in her long discussion thread , so read that first post , plus the fifth and second post in the newbies FAQ sticky thread near the top of the forum in announcements
Email a SAR to the DPO at Napier ASAP
Download and read the IPC CoP and especially the section on grace periods
Tell us the issue date from the claim form , as asked by KeithP above2 -
still email a SAR even though it's at court stage?Redx said:You are unlikely to get it thrown out , but you may win in court , eventually
The announcements section at the top of the forum have what you need , especially the defence template post by coupon mad , the first post in her long discussion thread , so read that first post , plus the fifth and second post in the newbies FAQ sticky thread near the top of the forum in announcements
Email a SAR to the DPO at Napier ASAP
Download and read the IPC CoP and especially the section on grace periods
Tell us the issue date from the claim form , as asked by KeithP above
what is IPC CoP? where do i find that?1 -
Correct , issuing a SAR request is nothing to do with the court claim , it's your right by GDPR law at any time !! So do it anyway !agent17 said:
still email a SAR even though it's at court stage?Redx said:You are unlikely to get it thrown out , but you may win in court , eventually
The announcements section at the top of the forum have what you need , especially the defence template post by coupon mad , the first post in her long discussion thread , so read that first post , plus the fifth and second post in the newbies FAQ sticky thread near the top of the forum in announcements
Email a SAR to the DPO at Napier ASAP
Download and read the IPC CoP and especially the section on grace periods
Tell us the issue date from the claim form , as asked by KeithP above
what is IPC CoP? where do i find that?
The relevant IPC CoP can be easily downloaded from the IPC website , it's that simple
Read the pdf download using a pdf reader like Adobe reader or similar
Acronyms are explained in the newbies FAQ sticky thread near the top of the forum in announcements , Fifth post2 -
Read what Pete Wishart MP said recently in the House of commons about Smart Parking.What's that got to do with Napier Parking?Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street3 -
thanks, i just downloaded the CoP and read grace period bit but says nothing about how quick a ticket can be issued for me it was less than 50 seconds). i was hoping to see something that said they must allow at least a certain amount of time before issuing ticket i.e. to give anyone a chance to go get a ticket or, in my case, go into my shop to retrieve the permit.Redx said:
Correct , issuing a SAR request is nothing to do with the court claim , it's your right by GDPR law at any time !! So do it anyway !agent17 said:
still email a SAR even though it's at court stage?Redx said:You are unlikely to get it thrown out , but you may win in court , eventually
The announcements section at the top of the forum have what you need , especially the defence template post by coupon mad , the first post in her long discussion thread , so read that first post , plus the fifth and second post in the newbies FAQ sticky thread near the top of the forum in announcements
Email a SAR to the DPO at Napier ASAP
Download and read the IPC CoP and especially the section on grace periods
Tell us the issue date from the claim form , as asked by KeithP above
what is IPC CoP? where do i find that?
The relevant IPC CoP can be easily downloaded from the IPC website , it's that simple
Read the pdf download using a pdf reader like Adobe reader or similar
Acronyms are explained in the newbies FAQ sticky thread near the top of the forum in announcements , Fifth post
don't know if you saw above that i replied to KeithP ref issue date - 22nd December 20211 -
don't know if you saw above that i replied to KeithP ref issue date - 22nd December 2021I'm sure @KeithP will pick that up a little later today.Tip - if you place @ in front of the username whose attention you might be trying to attract, they will see an annotation referring to your posting in their profile line.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street4 -
agent17 said:With a Claim Issue Date of 22nd December, you have until Monday 10th January to file an Acknowledgment of Service but 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 in a timely manner, you have until 4pm on Monday 24th January 2022 to file your Defence.That's over three 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.
Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.3 -
KeithP said:agent17 said:With a Claim Issue Date of 22nd December, you have until Monday 10th January to file an Acknowledgment of Service but 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 in a timely manner, you have until 4pm on Monday 24th January 2022 to file your Defence.That's over three 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.
Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.okay thanks. i'm gonna email the sar thing, please see copy below, but is it worth me including the info i put at bottom? thought maybe that would make them stop it...
Napier Parking Limited
Atterbury Lakes
Fairbourne Drive
Milton Keynes
MK10 9RG
Dear Sir or Madam
Subject access request ( Data Protection Act 2018 / General Data Protection Regulations (GDPR) )
Please supply the data about me that I am entitled to under data protection law relating to myself, including but not restricted to:
- All photos taken
- All letters/emails sent and received
- All data held, all evidence you will rely on, and a full copy of the PCN, NTK
- A list of ALL PCNs outstanding against you and/or this VRN, and be reminded that any claim must be for all PCNs, not several separate claims.
- PDT machine record of payments made from that day or any other day you a PCN was issued for this VRN
If you need any more data from me to confirm my identity please let me know as soon as possible. It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month.
If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.
Finally, it should also be noted that, under the terms of my commercial lease, I am entitled to park two vehicles in the spaces directly behind my shop, as specifically agreed with the landlord in February 2017. As you will be aware, this precedes your involvement with managing the site by some time. In fact, there was no managed car park as such when I signed my lease, just allocated parking for residents i.e. myself and others trading from the shops. Nor were there any parking restrictions in place, apart from a padlock to the entrance of the site, which I was given keys to as part of my parking arrangements for my shop.
Based on this information, you are advised to desist from pursuing this or any other PCN claim relating to this VRN and this site.
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