Napier Parking/BW Legal parking charge

Le_Kirk

You should have included a schedule of costs in your Witness Statement.  They can only be awarded costs if they prove you acted unreasonably.

ChrisA7979

Hi, 

Won my case in court today - thanks for everyone's help 

Coupon-mad

ChrisA7979 said:

Hi, 

Won my case in court today - thanks for everyone's help 

Woohoo, well done!

ANOTHER ONE BITES THE DUST!

TELL US MORE.

Which court, which Judge?

What did the other side's rep say? What did you say? What did the Judge say and which point(s) won it?

Did you ask for costs at the end or were you just happy to punch them on the nose?

ChrisA7979

Hi,

The court was Horsham.

The claimant tried to reject my consideration period argument by arguing that me leaving the car park created a contract and therefore payment was due. 

I never left the car park & I proved this to the judge using a bird eye view of the car park supplied by the claimant. The post office I intended to visit (but was closed) was within the bounds of the car park and therefore I never left the premise, so there was no breech of contract on my side and consideration period applied. 

The claimant then tried to argue I was seen returning to my car carrying tobacco, the judge immediately dismissed this claim. She confined “I can see you’re carrying a parcel”.

The claimant then tried to argue that by me simply driving into the car park entered me into a contract. The judge quickly dismissed this as well, as consideration period could not exist if a contract is started by simply driving into a car park. 

My main court argument was the below - 

“ Napier Parking is a member IPC – the international parking community which is accredited by the DVLA. The IPC states that it “ensure our members, who run and manage private car parks and land do so within our Code of Practice”

Within the Code of Practice it states that under section 13.1 (Exhibit 1) The parking operator must allow a consideration period of appropriate duration, c) the time required for a driver to identify and comply with requirements for payment; 2. This is particularly important for controlled land where the requirement is to pay and display a permit using on-site machinery, make an exact payment in cash using specific coins, or pay-byphone or online through a process that could take several minutes.

Within the time it takes to purchase parking via the App I had arrived at the entrance to the shut post office and returned to my vehicle only roughly 200 meters from each other.  Within these 4 minutes the parking attendant had taken pictures of my vehicle and observed it for only 50 seconds before issuing a ticket.

Under section B1 of the ICP code of practice - The minimum consideration listed in Table B.1 (Exhibit 2) must be applied by parking operators in respect of controlled land where public parking is invited, Section B1 states that the minimum consideration period is 5 minutes.

It is clear from the initial parking fine issued by Napier Parking observing my vehicle for only 50 seconds, that they have not obliged by the code of practice they signed up for.”

A large part of the claimant witness statement resolved around our posts on this forum and my use of the template. The judge did not even acknowledge these points. 

So hello to BWlegal was loves this post!

The judge instructed the claimant that they’re required to pay my wages for the day (the maximum the court is allowed to issue), travel and parking costs 

Coupon-mad

Brilliant court update! Well done!