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Napier Parking County Court Claim
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Patrick_O'Neill
Posts: 25 Forumite
My Friend has recently received a county court claim form from Gladstones Solicitors in connection with Napier Parking Ltd. They claim only states the date, reg and sum due £218.65 including amount claimed £143.65 , Court fee £25.00, Legal representatives costs £50.00 . Has anyone else received a claim form like this ? my friend intents to contend jurisdiction of this as there is no photographic proof of the car in question or original fine.
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Comments
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Napier have certainly issued proceedings in the past though I am unaware of them having used Gladstones before. Napier are somewhat unique in the private parking world in that they usually own the car parks they operate on (by own I include that the owner is an allied company) and have actually thought through their approach.
Gladstones, on the other hand, are a small solicitors company the directors of which also happen to be the directors of the IPC of which Napier are a member. They have gained a reputation of issuing proceedings on behalf of IPC members (though not exclusively) in such a way that is is clear that beyond the very basic outlines of a case they have no further knowledge. The approach is one that suggests that they work within strict budgetary constraints. In other words they spend the very least they can get away with.
When you state that you were minded to challenge the jurisdiction of the matter I wonder on what basis? Is you friend resident outside the jurisdiction perhaps or were you looking at the relationship between Napier the IPC and Gladstones?My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016).
For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com0 -
You're contesting jurisdiction? Or your friend is??
The PPCs read these forums. I strongly recommend that you remove exact amounts being claimed as they could identify the case.0 -
sorry my friend is0
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many thanks for your response . My friend is outside the jurisdiction and the letter has gave 3 options:
1) I intend to defend all of this claim
2) i intend to defend part of this claim
3) i intend to contest jurisdiction
do you advise jurisdiction or defend all of the claim i can send a copy of the claim across to you for your information.
many thanks for you advise0 -
Jurisdiction relates to whether the court can actually hear the case - if it happened in England or Wales and the keeper is in England or Wales then the jurisdiction is correct.
What you want to do is defend all of this claim; you dispute the whole thing, including any merit they claim it has.0 -
hi there thank you for your help , do you have any guidance on completing my defence letter?
many thanks0 -
Treat it the same as any other claim. You dispute everything such as:
That Napier has any actual rights to issue the ticket
That the incident never occurred
That the signage was sufficient to form a contract
That there is no loss or commercial justification
That as keeper there is no liability
You'll need to search for court defences on here and piece together the bits you feel are relevant. Anything you don't contest will be assumed to have been agreed.0 -
Patrick_O'Neill wrote: »hi there thank you for your help , do you have any guidance on completing my defence letter?
many thanks
You can't defend on behalf of your friend. Get him/her to sign up and join this thread otherwise messages between you will almost inevitably end with potentially costly mistakes.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
In Summary :
The particulars of Claim on the form read:
The claimant claims the sum of The Claimant claims the sum of £143.65 for parking charges and indemnity costs if applicable including £3.65 interest pursuant to S.69 of the county Courts Act1984 Rate 8.00% pa from dates above to 10/08/16. Same rate to judgment or (sooner) payment. Daily rate to judgement £0.03. Total debt and interest £143.65
having searched the forums on here i have came across a similar case in which the defendant's defence stated the following:
1 The claimant has provided no explanation whatsoever for the claim and discloses no cause of action
2 If the claimant alleges trespass, it is not the land-owner and may not bring any such claim
3 If the claimant alleges that the claim results from a contract, the defendant denies the existence of any contract
3.1 The defendant has the reasonable belief that the claimant does not have the legal capacity to offer parking
3.2 The defendant did not see any signs that could give rise to a contract. The defendant has since discovered one inconspicuous and unlit sign that could not be seen while driving
3.3 The location does not have any indication that it is a car park and the defendant had no reason to look for signs
3.4 Even if signs had been seen, the defendant would not have agreed to pay the claimant £150
4 If the claimant alleges a breach of contract, the amount demanded cannot possibly represent a genuine pre-estimate of any loss to the defendant and is therefore a penalty
5 The defendant has the reasonable belief that a qualified solicitor would not prepare such a claim that discloses no cause of action and puts the claimant to proof of the fact and that the £50 charge was actually incurred
6 The non-existent detail in the claim does not enable the defendant to provide a detailed defence. The defendant therefore invites the court to strike out the claim as disclosing no cause of action or to order the claimant to provide further and better Particulars of Claim
would this be suitable to use as my defence?
thoughts are appreciated
many thanks0 -
Patrick_O'Neill wrote: »The particulars of Claim on my form read:
Whose form?0
This discussion has been closed.
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