Napier Parking / BW Legal

Coupon-mad

Which is covered in the NEWBIES thread.  As are evidence tips and hearing tips.

powerbarge

Thanks all, I used the wrong term, it's a "Notice of allocation"

I am currently writing my witness statement but in my Defence I mentioned the private parking code of practice which seems to be somewhat "frustrated" in coming into force

Is it OK to still use this? If so, does anyone have any example wording "e.g. as per the private parking code of practice, which whilst currently temporarily withdrawn is expected to come into force imminently"  

Coupon-mad

Yes it's already in all the 5 examples.

powerbarge

Unfortunately i've lost this at court

The Judge didn't have my witness statement, even though I submit it (I checked and I submitted in the same way as the defence, which was present), which contained some additional arguments about the signage at the car park, which I then had to awkwardly verbally explain

Argument around frustration of contract not accepted as it's not the claimant's problem, basically
Argument around poor signage not accepted - I challenged on the basis that the sign on the entrance to the car park was purposefully small, as to obscure the Ts and Cs (compared to a huge sign offering free parking to entice people in), but the Judge stated that other signage was sufficient 

Whilst I accept the judgement, I was really disappointed that all of the additional fees/charges were also authorised, as I thought these would be challenged by the various arguments given in the defence (the template defence was not given any real discussion and was actually referred to in a way that could be viewed as dismissive by the judge, which I didn't think was fair).

In hindsight I probably should've pushed on the other cases more but I just wanted the whole thing to end, in all honesty.

I hope the law does change soon as these business practises are just abhorrent. Whilst I wasted money challenging, I still feel like it was the right thing to do, just on principal to push back against these leeches.

Coupon-mad

Did you send your WS to the CNBC by mistake?  That is not in our advice and was wrong.  Nothing about a WS goes to Northampton CNBC. They were merely an admin gateway for the claim form and were not involved once it was allocated to your local court.

I am sorry to hear that a Judge actually allowed the false DRA fee that is clearly extortionate.  Not many Judges allow that.  Which court?

The new DLUHC Code is coming soon.

Please stick around to have your voice heard when the final Public Consultation is out (very soon or I will eat my hat).

powerbarge

I sent it to an email address specifically for the court so it should've been ok?

Derby 

Coupon-mad

Did the Judge plough ahead without asking for a copy to read?

powerbarge

Coupon-mad said:

Did the Judge plough ahead without asking for a copy to read?

Pretty much, yes

powerbarge

Im guessing this is the end of the road and I now I have to cough up ASAP? Still absolutely fuming about this 24 hours later, hah

nopcns

If you feel that the judge has erred in any matters of law, you can appeal.

As a matter of interest, which judge and which court?