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Napier / BW Legal - Court Claim, Court Claim recieved for our Company
djsky
post Thu, 17 Jan 2019 - 14:50
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[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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post Thu, 17 Jan 2019 - 14:50
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bearclaw
post Thu, 17 Jan 2019 - 15:04
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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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djsky
post Thu, 17 Jan 2019 - 15:54
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NTK attached.


This post has been edited by djsky: Sun, 20 Jan 2019 - 04:04
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ostell
post Thu, 17 Jan 2019 - 16:54
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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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Ollyfrog
post Thu, 17 Jan 2019 - 16:59
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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 laugh.gif

You will need to acknowledge the claim online, then you have extra time to prepare your defence.
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bearclaw
post Thu, 17 Jan 2019 - 17:14
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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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Redivi
post Thu, 17 Jan 2019 - 17:26
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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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cabbyman
post Thu, 17 Jan 2019 - 18:08
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LOADS of identifying detail on court claim and PCN. Needs editing.


--------------------
Cabbyman 11 PPCs 0
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djsky
post Thu, 17 Jan 2019 - 18:14
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QUOTE (cabbyman @ Thu, 17 Jan 2019 - 18:08) *
LOADS of identifying detail on court claim and PCN. Needs editing.


Do you just mean the VRN?
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Redivi
post Thu, 17 Jan 2019 - 18:27
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I would also remove date, time, location and vehicle model
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djsky
post Thu, 17 Jan 2019 - 18:31
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Page two of NTK, sorry.

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cabbyman
post Thu, 17 Jan 2019 - 19:00
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https://goo.gl/maps/SXsNkcDYpCn


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Cabbyman 11 PPCs 0
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djsky
post Thu, 17 Jan 2019 - 19:25
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QUOTE (bearclaw @ Thu, 17 Jan 2019 - 17:14) *
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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ostell
post Thu, 17 Jan 2019 - 19:42
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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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djsky
post Thu, 17 Jan 2019 - 20:22
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QUOTE (ostell @ Thu, 17 Jan 2019 - 19:42) *
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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Ollyfrog
post Thu, 17 Jan 2019 - 22:32
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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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nosferatu1001
post Fri, 18 Jan 2019 - 09:08
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THats one, the other would be signage and whether they have sufficient authority to issue contracts in their own name.
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bearclaw
post Fri, 18 Jan 2019 - 09:23
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QUOTE (djsky @ Thu, 17 Jan 2019 - 20:22) *
QUOTE (ostell @ Thu, 17 Jan 2019 - 19:42) *
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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djsky
post Sat, 19 Jan 2019 - 14:07
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QUOTE (bearclaw @ Fri, 18 Jan 2019 - 09:23) *
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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SchoolRunMum
post Sun, 20 Jan 2019 - 01:53
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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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