Deciding to go to POPLA but failing to do the work, makes it very simple for a parking company to make a claim. They just attach the POPLA decision to the claim, and leave the defendant to do the work in trying to retrieve the situation. Lesson for this, is if you do intend to use POPLA or the IAS, do the work first.
Note: Napier no longer use POPLA but now use the IAS as their decisions lean heavily towards those that pay them, the parking companies.
IN THE [INSERT NAME ] COUNTY COURT
NAPIER PARKING LIMITED
[INSERT NAME ]
PARTICULARS OF CLAIM
1. [INSERT NAME ] Car Park is a pay-and-display car park located at [Insert Location ]. Napier Parking Limited offers parking to members of the public on a contractual basis. The Terms and Conditions of Parking are advertised throughout the car park.
2. On [Insert Date] vehicle [Insert VRM] (a Mercedes) was observed to be parked in breach of the Terms and Conditions of Parking in that there was no pay and display ticket, or permit, clearly displayed.
3. It was a contractual term that breaches of the Terms and Conditions of Parking would be met with the issue of a Fixed Charge Notice in the sum of £90.00 and further that the Claimant would be entitled to recover additional costs incurred through attempts to secure recovery of debts owned.
4. The Defendant appealed the Fixed Charge Notice on [Insert Date], in that appeal the Defendant identified themselves as the driver of the vehicle.
5. The Claimant rejected the Defendant's appeal on [Insert Date] on the basis that there were no legitimate reasons given to justify the cancellation of the Fixed Charge Notice. The Claimant therefore offered the Defendant the opportunity to pay the charge at the reduced settlement rate or to appeal to the independent appeals service Parking on Private Land Appeals (POPLA).
6. The Defendant chose to appeal to POPLA (the statutory independent appeals service introduced for dispute resolution involving parking on private land). In its decision of [Insert Date], POPLA found in the Claimant’s favour. The Defendant was informed that payment of £90 should be paid to us within 28 days from the date of their decision. To date no payment has been received.
7. The Claimant seeks liquidated and ascertained damages for breach of contract in the circumstances described above.
8. Further the Claimant is entitled to and claims interest upon such damages as may be awarded to her pursuant to the provisions of section 69 of the County Courts Act 1984, at such rate and for such period as the Court deems appropriate.
AND the Claimant claims:
(l) Damages, £90.00.
(2) Interest thereon pursuant to section 69 of the County Courts Act 1984.
STATEMENT OF TRUTH
l believe that the facts stated in these Particulars of Claim are true.
[Signed & Dated] :
Address for receiving documents: Napier Parking Limited. Atterbury Lakes, Fairbourne Drive, Milton Keynes, MK10 9RG.