Napier / BW Legal - Court Claim, Court Claim recieved for our Company |
Napier / BW Legal - Court Claim, Court Claim recieved for our Company |
Thu, 17 Jan 2019 - 14:50
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#1
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Member Group: Members Posts: 42 Joined: 21 Oct 2011 Member No.: 50,514 |
[attachment=60999:CCClaim1_Redacted.jpg]Hello,
Received a Fixed charge Notice, notice to keeper, etc etc, then BW Legal letters, final demands, and now a County Court Claim. We did not / have not responded to anything as yet, and intend to acknowledge service with the court. I have attached a copy of the court claim. The Vehicle is registered to our company. I am the company Director and Secretary, but I was not the driver of the vehicle at the time of the alledged offence. Any advice as to how best to defend this would be greatly appreciated. This post has been edited by djsky: Thu, 17 Jan 2019 - 18:18 |
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Thu, 17 Jan 2019 - 14:50
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Thu, 17 Jan 2019 - 15:04
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#2
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Member Group: Members Posts: 564 Joined: 15 Nov 2017 Member No.: 95,103 |
Do you still have the NtK - can we have a look at the dates issued etc? More details around the parking would be helpful without identifying the driver...
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Thu, 17 Jan 2019 - 15:54
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#3
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Member Group: Members Posts: 42 Joined: 21 Oct 2011 Member No.: 50,514 |
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Thu, 17 Jan 2019 - 16:54
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#4
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
That notice does not comply with the requirements to hold the keeper liable, only the unknown driver. Post up the other pages please to check.
Log on to the web site stated using the password and acknowledge the claim, with nothing in the defence. This gives 33 days from date of issue to get the defence to the court. Repost that claim form with the password deleted. Search round the forum and start writing your defence, but post here for critique first. It looks as though your defence will be no keeper liability. If the keeper is the company then a body corporate cannot be the driver. This post has been edited by ostell: Thu, 17 Jan 2019 - 17:01 |
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Thu, 17 Jan 2019 - 16:59
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#5
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Member Group: Members Posts: 419 Joined: 22 Oct 2018 Member No.: 100,530 |
You've left some identifying stuff on the NtK.
They fail to use PoFA correctly - they haven't invited you to nominate the driver or pay is one obvious miss that I've spotted. That means they can't transfer liability from the driver to the keeper. Issuing a charge for 1 minute and 9 seconds - laughable! I guess the only person who could pay and display in time so wouldn't get a ticket is Usain Bolt. The experts will come and tear this to shreds for you shortly You will need to acknowledge the claim online, then you have extra time to prepare your defence. |
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Thu, 17 Jan 2019 - 17:14
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#6
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Member Group: Members Posts: 564 Joined: 15 Nov 2017 Member No.: 95,103 |
As the others have said - lack of observation - you need to actually be able to go get a ticket. And read the signs... a ten minute grace period is more resonable.
Wheres the car park - that could be the side of an adopted road from what I can see. It might not be relevant land. Regardless the keeper liability isnt there and a robust defence might head them off the pass, although they might bank on a company just paying as the cheaper and quicker option so they might be after what they think is a soft target here. |
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Thu, 17 Jan 2019 - 17:26
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#7
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Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
Napier can argue that it doesn't need POFA because the company is liable for the actions of its employees
As this is a van, it's more difficult to argue that the driver wasn't on company business I don't think it will be enough to say that stopping five minutes for a sandwich made it private use The other problem for the OP is that, as the defendant is a company, any hearing will be at Napier's home court not his own |
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Thu, 17 Jan 2019 - 18:08
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#8
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Member Group: Members Posts: 6,898 Joined: 15 Dec 2007 From: South of John O'Groats, north of Cape Town. Member No.: 16,066 |
LOADS of identifying detail on court claim and PCN. Needs editing.
-------------------- Cabbyman 11 PPCs 0
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Thu, 17 Jan 2019 - 18:14
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#9
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Member Group: Members Posts: 42 Joined: 21 Oct 2011 Member No.: 50,514 |
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Thu, 17 Jan 2019 - 18:27
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#10
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Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
I would also remove date, time, location and vehicle model
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Thu, 17 Jan 2019 - 18:31
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#11
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Member Group: Members Posts: 42 Joined: 21 Oct 2011 Member No.: 50,514 |
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Thu, 17 Jan 2019 - 19:00
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#12
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Member Group: Members Posts: 6,898 Joined: 15 Dec 2007 From: South of John O'Groats, north of Cape Town. Member No.: 16,066 |
-------------------- Cabbyman 11 PPCs 0
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Thu, 17 Jan 2019 - 19:25
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#13
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Member Group: Members Posts: 42 Joined: 21 Oct 2011 Member No.: 50,514 |
As the others have said - lack of observation - you need to actually be able to go get a ticket. And read the signs... a ten minute grace period is more resonable. Wheres the car park - that could be the side of an adopted road from what I can see. It might not be relevant land. Regardless the keeper liability isnt there and a robust defence might head them off the pass, although they might bank on a company just paying as the cheaper and quicker option so they might be after what they think is a soft target here. What influence does the fact if the road is adopted or unadopted have? Cannyman has kindly posted a google map image of the road. Looks like our van was parked right underneath a parking sign in the second from end space on the right. |
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Thu, 17 Jan 2019 - 19:42
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#14
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
Looks like they've got the keeper liability in order.
The private parking companies cannot operate on adopted roads, though the "attendants" often go outside their areas. Check the council's list of adopted roads |
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Thu, 17 Jan 2019 - 20:22
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#15
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Member Group: Members Posts: 42 Joined: 21 Oct 2011 Member No.: 50,514 |
Looks like they've got the keeper liability in order. The private parking companies cannot operate on adopted roads, though the "attendants" often go outside their areas. Check the council's list of adopted roads The road is not adopted unfortunately. Do I have anything to go on? I have no problem attending court, as it looks like they are based in Milton Keynes which isn't too far for me. |
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Thu, 17 Jan 2019 - 22:32
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#16
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Member Group: Members Posts: 419 Joined: 22 Oct 2018 Member No.: 100,530 |
Yes, you still have the observation (grace) period. They have to allow enough time for a driver to read the signs and either accept, buy a ticket and display it or decide "nah, too dear" refuse and leave. They have only shown an observation period of 1 minute 9 seconds (hence my Usain Bolt comment!).
That's just one angle - the experts will probably find more for you. |
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Fri, 18 Jan 2019 - 09:08
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#17
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
THats one, the other would be signage and whether they have sufficient authority to issue contracts in their own name.
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Fri, 18 Jan 2019 - 09:23
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#18
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Member Group: Members Posts: 564 Joined: 15 Nov 2017 Member No.: 95,103 |
Looks like they've got the keeper liability in order. The private parking companies cannot operate on adopted roads, though the "attendants" often go outside their areas. Check the council's list of adopted roads The road is not adopted unfortunately. Do I have anything to go on? I have no problem attending court, as it looks like they are based in Milton Keynes which isn't too far for me. West Sussex council seems to think it is adopted. Question is how much of that parking area is the highway - I suspect you might be unlucky. https://www.westsussex.gov.uk/planning/loca...nd-charges-map/ |
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Sat, 19 Jan 2019 - 14:07
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#19
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Member Group: Members Posts: 42 Joined: 21 Oct 2011 Member No.: 50,514 |
West Sussex council seems to think it is adopted. Question is how much of that parking area is the highway - I suspect you might be unlucky. https://www.westsussex.gov.uk/planning/loca...nd-charges-map/ This shows otherwise... I've marked in a green X roughly where the vehicle was parked. The red line on the road indicates not adopted, and blue is adopted. |
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Sun, 20 Jan 2019 - 01:53
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#20
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Member Group: Members Posts: 18,751 Joined: 20 Sep 2009 Member No.: 32,130 |
I suggest you remove the post about the sandwich, as PPCs read this forum. Remove it NOW.
You were not there so you don't know that the driver was not simply reading the sign or getting change to pay and display. |
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