Napier Parking / BW Legal - Claim Form - Defence

Reading106

Hi,

I have read your threads and taken comfort that so many people fight these PCNs and don't just pay up. I had one several years ago that wrote me escalating letters and then stopped. This time they have progressed to a 'claim form' at court - though I read earlier that Naper/BW Legal often try this route.

I have copied your template defence - and prior to emailing it to the court was hoping to get an opinion on #3 - and see if it needs improving, from those with more experience of fighting and winning these type of cases.

3. On (date inserted here) I visited (town inserted here) with my two sons and have parked my car at the train station (from xx:xx–xx:xx, times are taken from my Google timeline). I have paid £5 for a parking ticket from a machine located a mere 5–6 metres from my car (and this is visible in *exhibit A*).
It is claimed that this thin stretch of land by the train tracks is made up of two separate car parks.
This is not clear, this is extremely misleading and I think it is reasonable to expect a ticket purchased from a machine so close to my car to be valid for where I have parked.
The Claimant’s response that the ticket I purchased "clearly states MKDP" doesn't help their argument as this code doesn't make anything any clearer and certainly does not state a difference in identical looking car parks on shared land.

Hopefully I've left out enough personal information.

Thank you in advance for your time.

Coupon-mad

Add 'and driver' to para 2 of the template.

Change all your 'I' and 'my' to 'the Defendant'.

What's the date of issue of the claim?

KeithP

Hello and welcome.

What is the Issue Date on your County Court Claim Form?

Have you filed an Acknowledgment of Service?
If so, upon what date did you do so?
Your MCOL Claim History will have the definitive answer to that.

No evidence is ever submitted with a Defence, so your mention of 'exhibit A' should not be there.

So Milton Keynes eh?
We have seen confusion with these car parks before.
You appear to have purchased a ticket for the Milton Keynes Development Partnership's part of the car park but perhaps the car was parked in Napier's part. Does that make sense?

Reading106

Thank you for such swift replies.

And yes, Milton Keynes! Impressive that you spotted that!

Issue date was 27/04 and I did the AoS on 09/05 - so 30/05 is my deadline.

Is it worth adding any further detail, like how the car park was almost empty (quiet Sunday afternoon) and the issuer had such a quiet day he spent 14 mins watching my car and taking 10+ photos of it from various different angles?

Tweaked below, hopefully I interpreted the 'and driver' correctly - but let me know if not.

On (date inserted here) the Defendant visited Milton Keynes with the Defendant’s two sons and parked the Defendant’s car at the train station (from xx:xx–xx:xx, times are taken from the Defendant’s Google timeline).
The Defendant paid £5 for a parking ticket from a machine located a mere 5–6 metres from the Defendant’s car.
It is claimed that this thin stretch of land by the train tracks is made up of two separate car parks.
This is not clear, this is extremely misleading and the Defendant thinks it is reasonable to expect a ticket purchased from a machine so close to the Defendant’s car and driver to be valid for where it was parked.
The Claimant’s response that the ticket the Defendant purchased "clearly states MKDP" doesn't help their argument as this code doesn't make anything any clearer and certainly does not state a difference in identical looking car parks on shared land.

KeithP

Reading106 said:

Issue date was 27/04 and I did the AoS on 09/05 - so 30/05 is my deadline.

Yes you are correct with your Defence filing deadline, but there might be something useful here...

With a Claim Issue Date of 27th April, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 30th May 2022 to file your Defence.

That's just a few days 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 at the second post in the NEWBIES thread.

Don't miss the deadline 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'.

Reading106

Since my previous posts in May on this it is now going to court (Thursday December 1) - I have read up on a lot of the useful threads (thanks to all that have taken the time to create those) - and if there are any additional tips or advice you want to pass my way prior to the hearing, please do. Many thanks.

KeithP

Hopefully you have already filed and served your Witness Statement together with all your evidence and a Costs Schedule.

Coupon-mad

Yes...we REALLY hope you have folliwed the NEWBIES thread on this; your hearing letter gave you the deadline and removing the WS bundle from the other side is a clue, as well.

If not, do it by tomorrow and the Judge will probably allow it. See the threads by @aphex007 and @laurenjo12 for their final WS bundle drafts. Those are good examples & easy to copy the style.

All pages must be numbered.

You cannot rely on a defence alone.  Hope we are worrying about nothing but you didn't come back to ask us for advice about your WS and exhibits bundle which always rings a little alarm bell with us!

Reading106

I had my day in court...and won :-)

BW Legal appealed and were instantly refused, I think the judge said "it is refused because it is a matter of fact and not law"

Apparently they could still appeal, and have 21 days to do so, but hopefully this is the end of it.

Thank you for your time and efforts in populating this forum with great supportive content. If you want any info or details from my case, just let me know.

Grizebeck

Reading106 said:

I had my day in court...and won :-)

BW Legal appealed and were instantly refused, I think the judge said "it is refused because it is a matter of fact and not law"

Apparently they could still appeal, and have 21 days to do so, but hopefully this is the end of it.

Thank you for your time and efforts in populating this forum with great supportive content. If you want any info or details from my case, just let me know.

Really good to hear
Its pretty normal for them to ask to appeal
WELL DONE!

Coupon-mad

Reading106 said:

I had my day in court...and won :-)

BW Legal appealed and were instantly refused, I think the judge said "it is refused because it is a matter of fact and not law"

Apparently they could still appeal, and have 21 days to do so, but hopefully this is the end of it.

Thank you for your time and efforts in populating this forum with great supportive content. If you want any info or details from my case, just let me know.

WELL DONE!

ANOTHER NAPIER ONE BITES THE DUST!

What fact won it, please?