Napier Parking - overstayed, JustPark app issues

WombwellBlade

JerryJ64 said:

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.

Thanks for the advice. What would a matter of claim entail? 

JerryJ64

WombwellBlade said:

Thanks for the advice. What would a matter of claim entail? 

Do you mean a Letter of Claim(LoC)? Feel free to read a random selection of threads on this forum to get a feel for what is meant by a claim and a LoC.

Section 3 in the linked page explains in great detail what must be in an LoC:

https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf

WombwellBlade

JerryJ64 said:

WombwellBlade said:

Thanks for the advice. What would a matter of claim entail? 

Do you mean a Letter of Claim(LoC)? Feel free to read a random selection of threads on this forum to get a feel for what is meant by a claim and a LoC.

Section 3 in the linked page explains in great detail what must be in an LoC:

https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf

I did, bloody autocorrect. 

So main questions just from your opinion, just want to bounce them off someone:
- worst case, If it was to go to court, do you think my argument would hold up? I’ve read of an existing case where it went to court for an overstay and it was thrown out as the requested debt was seen as overkill by the judge 
- what would the likely amount of debt requested by the opposition given the fine is for £100 (of course discounted for now as they’re such reasonable and ethical companies…)

I’m half tempted to pay it but it goes against all my principles and we’ll never win if we keep doing so 

Coupon-mad

It's not a fine.

Zero chance of a CCJ.

No-one here gets one.

You know how much court claims are for because every other thread shows claim forms.  This is going over ground already covered every day on this forum.

Read a few court claim threads!  

There is no risk as long as you don't move house and not tell them, such that a claim form goes to an old address and you miss defending.

Not gonna happen is it?!  This is easy.

Sit on your hands.  There is no dilemma.

WombwellBlade

Coupon-mad said:

It's not a fine.

Zero chance of a CCJ.

No-one here gets one.

You know how much court claims are for because every other thread shows claim forms.  This is going over ground already covered every day on this forum.

Read a few court claim threads!  

There is no risk as long as you don't move house and not tell them, such that a claim form goes to an old address and you miss defending.

Not gonna happen is it?!  This is easy.

Sit on your hands.  There is no dilemma.

I’ve not actually seen any yet I’ll admit 😂 not been scouring too much as I’ve been chaotically Christmas shopping. Just taken in the newbies stuff again like last time. 

When will it turn from ‘sitting on my hands’ to ‘defending’ though? That’s the bit I’m struggling to grasp at the minute 

Coupon-mad

 No need to scour.

Every thread except yours is about a claim!  We do them several times a day.

LBC stage is when you respond.

Le_Kirk

WombwellBlade said:

1. I’ve not actually seen any yet I’ll admit 😂 not been scouring too much as I’ve been chaotically Christmas shopping. Just taken in the newbies stuff again like last time. 

2. When will it turn from ‘sitting on my hands’ to ‘defending’ though? That’s the bit I’m struggling to grasp at the minute 

1. Time to do some reading then!

2. When a N1 claim form drops through your letterbox (provided your address is up-to-date on your V5C and the PPC knows it) but of course you will already have had a letter before/of claim.

WombwellBlade

Got a letter from BWLegal on behalf of Napier today demanding £100 + £60. 

I take it it’s time to stop ignoring them now?

WombwellBlade

It’s not a letter of claim, just an initial contact. 

Here is what’s said:
We have been instructed by Napier Parking Limited in relation to the balance due for the above Fixed Charge Notice (`FCN`). The balance due includes the £100.00 FCN charge, plus our client’s debt recovery costs of £60.00, which were detailed in the FCN and/or our client’s terms and conditions. The terms and conditions were clearly displayed on our client’s signage at the contravention location. As you have failed to either make payment, or raise a valid appeal that resulted in your appeal being upheld, the balance due remains outstanding and we require payment in full by 23 April 2024.

We appreciate this may have been an oversight, or you may have experienced some difficulties that have meant you have not paid our client. We want to work with you to prevent this matter escalating to legal proceedings and if you cannot afford to pay the balance in full, we can find the right repayment plan for you. We have numerous methods available for you to contact us, from our contact centre, webchat and also our Customer Portal. However, if you fail to make payment or contact us to discuss repayment, or provide reasons for non-payment by 23 April 2024, further collections activity (which could be, where relevant, letters, emails, calls, SMS) will continue.

Pre-approved monthly plan
With our client’s authority, we are able to offer a pre-approved monthly repayment plan; we have considered what disposable income you may have available and the amount has been agreed based on what may be affordable for you. You can repay the balance by a pre-approved monthly instalment amount of £15.00 if set up by 23 April 2024.

What makes it even easier to get set up and resolved is that you do not need to call us to accept this offer. Just log in, or register to use our Customer Portal at portal.bwlegal.co.uk. The pre-approved plan is ready for you to accept on our portal, however if you struggle to register, please call us on 0113 487 0430 and we can assist you.

Next stages if we do not hear from you
If you do not make payment of the balance in full or accept the pre-approved offer by 23 April 2024 then your case may proceed to our legal process and the next letter from us would be a Letter of Claim. We want to assist you and avoid any unnecessary legal action, so it is important that you contact us within the specified time so that we can work with you to resolve your account. Call us today on 0113 487 0430 ; we are keen to assist you and settle this matter without the need for your case to escalate to the legal process.

Appreciate any help with this. As I’m determined to take this all the way. Just want to know the best way to do it. 

I’ve admitted it’s me who was driving, as I’ve paid for the initial hour I’m more than happy to do that. But the machine was broke, and the JustPark app doesn’t allow you to pay retrospectively. Appeal of course rejected. 

Coupon-mad

Ignore it and wait for the LBC.