Hi All,

Please, I need urgent help. I lost the case against Napier Parking in Country Court.

I parked the car on the access road on the verge. I was confused by the road sign on opposite road which shows terms and conditions. And I thought the sign in front of my car shows that I can't park on the main road.

Because of that judge decides that I breach terms and condition between me and Napier parking.

What do you think? Are do is worth to appeal Judge decision or pay fine. (FCN)

Thank you

napier parking.pdf

Did you enter into any correspondence with them at all or did you just ignore their letters? Where is your defence?

Not worth it

Set aside/appeal costs more than the judgement

Put down to experience sadly

Was it a forthwith judgement or montly sum?

you used completely the wrong arguments for this site, it is well known on this forum and Napier havent on another claim there.

Unfortunately this is the end of the road and you ahve to pay up.

If you get another parking charge notice come here first and we will be able to help you and hopefully avoid going to court in the first place.

My defense was:

WITNESS STATEMENT OF

1. I'm ____________ the defendant in this claim no ________. The facts in this statement are true and come from my best personal knowledge.

2. I make this witness statement to support my defense again Claimant’s – Napier Parking Limited

3. Claimant claims in Claimant Background section 5 and SIGNAGE section 35 that Claimant is Accredited member and Approved operator and is full compliance with IPC code of practice for private enforcement on private land and unregulated car parks. This code of practice gives recommendations in regards to the signadge within the car parks and the Claimant follows these recommendations.

I‘m willing to know from what date Claimant start follow this code of practice with recommendations on they operated land, because after their issued me with Fixed Charge Notice they changed FCN signs and build additional signs around the road. Difference between old and new signs plan shows on pictures nr.1,2,3,4 and 5, please, see attached photocopies.

4. Claimant claims in Claimant Background section 6 and 7, that Claimant issued FCN on the terms and conditions displayed on site plan page 3 and 4 of RK1 and ONE sign displaying the Terms and Conditions which shows at page 5 of RK1.

According to the Independent Parking Committee - Code of Practice PART E ` Schedule 1 - Signage Signs should, where practicable, be placed at the entrance to a site. Otherwise, the signage within the site must be such as to be obvious to the motorist. Repeater Signs You are required to provide a sufficient number of signs on each site commensurate with its size and other characteristics to ensure that any parking conditions are adequately brought to the attention of the motorist.

5. Claimant claims in Claimant Background section 8 and 9, that all motorist follows the terms and conditions of the Site. Which terms and condition displayed on signage “ACCESS ROAD”. Claimant claims in “THE DEFENDANT’S BREACH OF THE TERMS AND CONDITIONS “section 11, that the defendant’s vehicle was parked at the Car Park in full view of the claimant’s sign displaying the Terms and Conditions.

If Claimant not sure which agreement he offers, this contract cannot be complete if the terms and conditions if even are not fully laid out. These conditions must not be vague or ambiguous. A contract will not usually be seen as legally binding if the terms and conditions are unclear.

6. Claimant claims in section 23, that defendant does not deny parking or stopping his vehicle on the verge, in breach of the terms and conditions. In section 27 claimant claims that defendant never appeals FCN within 21 days.

First I never got the formal letter from claimant within 21 days and second I never have been made an agreement with Napier Parking Limited.

7. Claimant claims in LOCUS STANDI section 32, that Claimant has a legitimate commercial interest to issue FCN.

IPC Code of Practice PART E Schedule 5 – Parking Charges state as damages to an operator of breaching Terms and Condition.

I believe that the details and the facts in this statement are true.

__________________

Dated this 5 September 2018

Hi,

No, I thought that signs are misleading and I'm ignoring the letters. I read some forums

just pay up, you have no chance of winnng an appeal and that will just cost you a shed load of money anyways.

Next time you get a parking claim come here first, you defence is incoherent and without loads of other stuff not convincing