Napier Parking - overstayed, JustPark app issues

WombwellBlade

Good afternoon all and of course seasons greetings,

Firstly thank you for your advice on my previous post on this forum, that advice meant I got away Scot-free with my last joke of a fine from Parking Eye. 

This time, Napier Parking. 

This is the car park in question, if you’d like to take in some of the reviews I can’t post the link but it’s Pall Mall car park in Barnsley. You’ll see what I mean on the google reviews…

So I parked in this car park for a meal, just booked an hour as it’s always plenty. Unfortunately I got a migraine while we were there and we ended up overstaying by like 20 minutes. 

I parked with the app JustPark, and this leads to all of the issues. Now it’s common knowledge in this area that the machine doesn’t work and is always out of order so didn’t even attempt it. When I got back to the car park I try to retrospectively pay for the parking, but you can’t go back in time which is just stupid. Of course that lead to a fine. 

Apologies but I took it upon myself to be honest in my appeal, which said pretty much the above. 

The original fine recognised id paid, but overstayed my welcome. 

In the appeal decline they said that it was my job to make sure I had  paid for the parking upon leaving, but how could I? 

I’ve currently got the discounted £60 offer as part of my appeal until the 27th December, or I can appeal to IAS. I’m quite tempted to just pay as I’ve read about Napier and apparently they’re a set of… and think nothing of taking people to court. I could do without that. 

Does anyone have any advice? If I appealed with this reasoning to the IAS am I likely to win?

Many thanks and merry Christmas to everyone bar JustPark and Napier. 

Coupon-mad

People lose at IAS.

IGNORE IT NOW.

WombwellBlade

What I’ve read about Napier they’re pretty nasty and threatening, I’ve read of people ending up in court and losing. Is it really worth it? What would I likely have to pay if it went to court?

Coupon-mad

Napier years ago used to be litigious.   But we are talking over 5 years ago since they sued in-house.   Most of it a decade ago

Damp squib now.

Very few claims are seen from them now, and all through bulk legal firm who discontinue cases when people defend well.  No worries.

You'll already know from reading the second post of the NEWBIES thread that the odd person who loses pays less than the claim. £200 tops... but only 1% here lose.

WombwellBlade

Coupon-mad said:

Napier years ago used to be litigious.   But we are talking over 5 years ago since they sued in-house.   Most of it a decade ago

Damp squib now.

Very few claims are seen from them now, and all through bulk legal firm who discontinue cases when people defend well.  No worries.

You'll already know from reading the second post of the NEWBIES thread that the odd person who loses pays less than the claim. £200 tops... but only 1% here lose.

What are the odds of a CCJ? 

I think I have a pretty strong argument, the JustPark app isn’t fit for purpose. End of story. 

So I’m quite confident in the fact I can hold a decent argument even in court. 

Read all the newbies stuff last time, it’s really great stuff. 

WombwellBlade

When you say defend well, what exactly do you mean? And would you say from what I’ve said I have good base from which to defend? 

Given the state of the reviews as my evidence to boot. 

KeithP

WombwellBlade said:

Coupon-mad said:

...only 1% here lose.

What are the odds of a CCJ? 

You've just quoted it.  

WombwellBlade

KeithP said:

WombwellBlade said:

Coupon-mad said:

...only 1% here lose.

What are the odds of a CCJ? 

You've just quoted it.  

1% - do hope so but I know my luck… 😂

JerryJ64

Even if you get a CCJ because you are a one percenter, you don't get a CCJ if you pay it within 30 days. There is no record of having received a CCJ if it is satisfied within this period.

WombwellBlade

JerryJ64 said:

Even if you get a CCJ because you are a one percenter, you don't get a CCJ if you pay it within 30 days. There is no record of having received a CCJ if it is satisfied within this period.

Thanks for this. Are you notified via post? 

Also is it true they are only issued if you ignore a court summons? 

I’d be quite content going to court to be honest. There is enough evidence their machines are always out of order and JustPark is the alternative which doesn’t allow you to retrospectively pay for past parking

JerryJ64

WombwellBlade said:

Thanks for this. Are you notified via post? 

Also is it true they are only issued if you ignore a court summons? 

I’d be quite content going to court to be honest. There is enough evidence their machines are always out of order and JustPark is the alternative which doesn’t allow you to retrospectively pay for past parking

If you have a claim against you, you should be aware of it and would be defending it in court, either physically or remotely on the day. You would know at the time whether you won or lost the claim. You would eventually receive a letter with the court judgment but it has been known to be delayed because of pressure on the system.

There are no "summons" in civil matters. This is not a criminal matter and no one is summonsed. A "default" CCJ can be issued if the defendant fails to acknowledge service and/or to defend a claim. It is rare for someone who knows about a claim to ignore it and doing so is extremely foolish and expensive as it is treated as unreasonable behaviour and opens the way for the claimant get more than the fixed costs of a small claim.

In most case, a "default" CCJ occurs because the defendant is unaware of the claim in the first place, especially in private parking cases becasue they fail to update their V5C logbook after a move and all the paperwork then goes to an address they no longer have access to. In many cases, these default CCJs can be set aside if it can be shown that the claims were not served to a valid address. However, it is a PITA of a process to go through.

As advised above by @Coupon-mad, it is not very likely that Napier will go all the way to court. All you can do now is wait and see if they do issue a Letter of Claim and eventually a claim or they don't. Ignore the IAS as they are just not worth the effort of appealing to.