A Victory Against Unfair Parking Practices : A Case Study of Napier Parking Limited vs. Leigh Ellwood

In a shocking display of predatory behaviour, Napier Parking Limited has issued an astonishing 41 Parking Charge Notices (PCNs) against our client, a tenant totalling a staggering £4,000. The client, seeking justice and relief, turned to our expert team for advice on disputing the tickets. Our investigation and subsequent defence strategy, led by the skilled ream , exposed the flaws in Napier's claims and ultimately led to a resounding victory for our client.

Upon reviewing the particulars of the claim, it became apparent that Napier's case was built on shaky ground. The location of the alleged contraventions was not particularised, and the terms relied upon, as well as the breach, were not clearly outlined. This glaring omission rendered the claim defective, and we advised our client to instruct Mr Jackson Yamba on behalf of Lawrence and Associates Solicitors to make inter alia an application to strike. Mr. Yamba, on behalf of Lawrence and Associates Solicitors LLP with his expertise in handling such cases, took the reins and guided our client through the complex legal process.

Napier was represented by BW Legal, a firm notorious in pursuing parking claims. Despite their reputation, our client remained undaunted and focused on building a robust defence. Following our application, the court issued an unless order against Napier, directing them to file a compliant particular of claim or face having their claim struck out.

In a surprising move, Napier filed a particular of claim that failed to comply with CPR 16.4(2)(ii) and (iii), which mandates that the Claimant specify if seeking interest, the date to which it is calculated, and the total amount of interest claimed to the date of calculation. The Claimant's omission of these crucial details is a glaring breach of the Civil Procedure Rules.

Our client filed a comprehensive defence, meticulously crafted to highlight the weaknesses in Napier's claim. Our client's witness statement, which formed the backbone of our client’s defence, provided a detailed account of the events leading up to the issuance of the PCNs. The statement revealed a pattern of mismanagement by the landowner, which had resulted in our client being unable to renew their parking permit. This, in turn, led to the issuance of multiple tickets, which Napier was now attempting to enforce.

At the final hearing, the advocate representing our client, highlighted the flaws with the amended particulars of claim with non-compliance with the CPR. The court, taking into account the argument presented, ruled in favour of our client, striking out Napier’s claim in its entirety. This victory was a testament to our expertise and dedication to fighting against unfair parking charges.

This case serves as a stark warning to Napier Parking Limited and other parking companies that engage in similar practices. Their aggressive tactics, designed to intimidate and coerce individuals into paying unjust fines, will not be tolerated. Our team will continue to fight against such behaviour, protecting the rights of individuals and upholding the principles of justice and fairness.

In this instance, our client's courage in standing up against Napier's bullying tactics has paid off, and they have been vindicated. We hope that this outcome will serve as a deterrent to other parking companies, encouraging them to adopt more transparent and fair practices. As for Napier, we urge them to reflect on their behaviour and consider the consequences of their actions. The courts will not tolerate non-compliance.

This case highlights the importance of seeking expert advice when dealing with parking disputes. Our client's decision to consult with us proved to be a wise one, as we were able to navigate the complex legal landscape and secure a favourable outcome. We urge anyone facing similar situations to seek professional guidance, as the consequences of not doing so can be severe.

In conclusion, our team is proud to have played a part in exposing Napier's aggressive tactics and securing justice for our client. We will continue to fight against unfair parking practices, protecting the rights of individuals and upholding the principles of justice and fairness.