Napier FCN parking in a disabled bay - claim form received

[ericsbrother]

they arent currently takingyou to court, just making more noise about it. They know thta they are likely to lose any defended claim so they try and get you to pay up by way of nuisance calls and letters.

[dx100uk]

Have you had claim form or not?

[southcoastguy]

I don't think I can fill out the form yet as I've not received the court papers but it looks like that is where we are headed.

The last communication was received from Napier this weekend after going back and forth in email exchanges.

 

I claim that the parking bay was not clearly marked as disabled (in comparison to the adjacent bay)

so contested the £95 fine (£50 if paid in 14 days).

 

 

I appealed to Napier and then to The IAS.

Both failed on ground of contract blah blah blah.

 

 

The IAS emailed me the outcome.

Napier claim to have posted a letter on 7th May which I never received.

 

 

I started receiving debt chase demands from DRP for over £150.

I complained to them and Napier saying I received no notification (all previous correspondence was by email so why was this by post etc). Napier agreed for me to pay £95 via DRP (which would incure additional handling costs).

I complained. Napier now make the below offer.

 

Napier state:

To make our position perfectly clear to you we will NOT be cancelling this charge and it is our intention

as we have made clear to pursue you to County Court if payment is not made. You may wish to seek

independent legal advice if you are unsure of your position.

 

Once your appeal to the IAS was rejected we wrote to you 07/05/16 giving you time to pay but you did

not make the payment. In court we will produce a copy of that letter and our reasonable attempts to

settle this case since then.

 

In one FINAL attempt to bring this matter to a close without having to resort to litigation we will give you

the opportunity to make payment directly to us again.

 

 

Please now make payment of £95.00 by calling

0845 452 45 37 or by visiting our website. We do not charge a processing fee for your payment.

Be aware we reserve the right without further warning to issue County Court proceedings against you

should you fail to settle this matter within the period stipulated.

 

We have addressed all of the points you have raised and we regret that due to the time taken on this

matter we reserve the right not to reply to any further correspondence that you send prior to us issuing

court proceedings.

 

 

I notice there are no time frames in the above communication. Is this deemed a notice-before action letter? What would I expect next? When is it likely that (shoudl I still chose not to pay) that I would face additional costs levied for court action and solicitors etc...

[ericsbrother]

this is not a N1 claim form nor is it an LBA,

just another begging letter so why are you getting your knickers in a twist?

 

 

there are hundreds of threads that have the well tread path of court action to choose from but you choose to believe that yours is somehow following a different procedure in law.

 

Your main problem is that you insist on actually giving them some credence by communicating with them.

 

 

This may cause them to try their luck at court where they wouldnt dare if they thought you were just standing your ground becasue you knew you were right and didnt need to tell them.

 

Stop it and they will soon stop sending you letters. Block their email address and phone number, if they have used that.

[dx100uk]

yep

why did you enter into pointless letter tennis....

 

 

just makes them think they have a mug at the end of their line

and one more threat will frighten you into paying.

 

 

another point...go look carefully ...where does it say ANYWHERE its a FINE????

 

 

its NOT its a speculative invoice ..

 

 

you were told to ignore everything bar a claimform from a COURT way back in MAY

but you've continued to converse with them...

whatelse do you expect..to win the letter tennis..not a chance.

 

 

so ignore everything now

 

 

unless you get an N1 Claim Form sent to you from Northampton Bulk court...