Napier Parking/BW Legal parking charge

ChrisA7979

KeithP said:

There is no letter 's' in the word Defence.

With a Claim Issue Date of 3rd April, you have until Monday 24th April to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 9th May 2023 to file your Defence.

That's 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 guidance.

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'.

Thanks Keith - All done

Le_Kirk

ChrisA7979 said:

KeithP said:

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 9th May 2023 to file your Defence.

Thanks Keith - All done

What is all done?  You have completed the AoS AND compiled and sent a defence?

ChrisA7979

Le_Kirk said:

ChrisA7979 said:

KeithP said:

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 9th May 2023 to file your Defence.

Thanks Keith - All done

What is all done?  You have completed the AoS AND compiled and sent a defence?

Just the AoS - I’m not sure on my defence at the moment - thanks 

B789

ChrisA7979 said:

As expected the Claim "Invoice" has arrived. I'm not sure about my defense on this one - is the fact that my vehicle was only observed for 50 seconds enough for a court?

No. That is the court claim for the alleged breach of contract and alleged debt. Your speculative "invoice" was the FCN/NtK issued back in September last year.

ChrisA7979

B789 said:

ChrisA7979 said:

As expected the Claim "Invoice" has arrived. I'm not sure about my defense on this one - is the fact that my vehicle was only observed for 50 seconds enough for a court?

No. That is the court claim for the alleged breach of contract and alleged debt. Your speculative "invoice" was the FCN/NtK issued back in September last year.

B789 said:

ChrisA7979 said:

As expected the Claim "Invoice" has arrived. I'm not sure about my defense on this one - is the fact that my vehicle was only observed for 50 seconds enough for a court?

No. That is the court claim for the alleged breach of contract and alleged debt. Your speculative "invoice" was the FCN/NtK issued back in September last year.

Hi - thanks - wrong terminology used (I just refer to any parking ticket payment request as an invoice) - I know this is one that can’t be ignored 

Just need advise one the defence.

thanks 

KeithP

ChrisA7979 said:

Just need advise one the defence.

Yesterday I wrote on your thread...

KeithP said:

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 guidance.

Did that not help?
Show us what you propose when you are ready.

ChrisA7979

KeithP said:

ChrisA7979 said:

Just need advise one the defence.

Yesterday I wrote on your thread...

KeithP said:

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 guidance.

Did that not help?
Show us what you propose when you are ready.

Hi Keith - thanks for you reply. Yes I’ve read all the thread and have used your excellent defence template to win my previous cases.

The part I’m not clear on is my main defence reason. Is the fact that only 50 seconds consideration period was given enough to be the main basis for my defence?

Thanks

B789

As Napier Parking is an IPC member, have a read of the IPC CoP and see what it says about consideration or grace periods. 

Umkomaas

The part I’m not clear on is my main defence reason. Is the fact that only 50 seconds consideration period was given enough to be the main basis for my defence?

Yes, but alongside all the other defence points - signage, authority to issue parking charges, no landowner contract - that are already in the Template Defence. 

ChrisA7979

Umkomaas said:

The part I’m not clear on is my main defence reason. Is the fact that only 50 seconds consideration period was given enough to be the main basis for my defence?

Yes, but alongside all the other defence points - signage, authority to issue parking charges, no landowner contract - that are already in the Template Defence. 

Thanks - I'll begin my defence draft