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Napier Parking - still ignore?

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Comments

  • Coupon-mad
    Coupon-mad Posts: 150,138 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 11 January 2013 at 2:37AM
    Thank you. Just one more question - do you think the judgement in the case Napier won against Mr Yau in Milton Keynes last year (which they sent the transcript of in a previous letter) was very unusual then? It appears Napier managed to justify their loss of £80, which is what worries me. Everywhere else I've looked (this forum and others), people seem to be adamant that there's no way PPCs can justify such large amounts as actual losses and not penalties...


    Yes it's very very unusual. Out of 1.8MILLION fake PCNs issued by this scam industry last year, guess how many even went to a small claims court?

    A= just forty-nine.

    Of those, over half were lost by the PPC and of those 23 that were won it included default judgments where the motorist did not turn up, and badly defended cases like we assume that one must have been.

    And ALL the other 1.8MILLION cases would have involved sending threats of court where the PPC could - where they had an address. So it's 99.9% hot air!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • gmx
    gmx Posts: 7 Forumite
    Stroma wrote: »
    Well without seeing the judgement and what was used for the defence (if there was one?) how are we supposed to know ?

    Is it this one?

    debtrecoveryplus.***/cms/uploads/judgement.pdf
    (replace *** with co.uk)
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    gmx wrote: »
    Is it this one?

    debtrecoveryplus.co.uk/cms/uploads/judgement.pdf
    (replace *** with co.uk)

    The problem with that is we don't know what was being used to justify the £80 , what was the breakdown in costs ? Plus he had a very weak case in reality, been using the car park for years, didn't see the signs etc. he obviously didn't take advice from anyone.
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • gmx wrote: »
    Is it this one?

    debtrecoveryplus.***/cms/uploads/judgement.pdf
    (replace *** with co.uk)

    Yes that's the one. I assume that because the judge deemed £80 to be a fair amount, Napier must have done something plausible in their calculations, at least on paper. Anyhow, it seems that the odds are definitely with me on this so I will try not to worry & wait to see what arrives on the doormat next.

    Thanks again for all the advice/reassurance.
  • HO87
    HO87 Posts: 4,296 Forumite
    Just by way of confirmation Napier are that rare beast. They own the car parks they operate on whether that be:

    Station Approach, Fareham, Hants,
    Market Place, Olney, Bucks
    Jengers Mead, Billingshurst, Sussex
    Jermyn Street, Sleaford, Lincs
    Willen Lakes, Milton Keynes, Bucks
    Letchmore Road, Stevenage, Herts
    Tannery Road, Bridport, Dorset
    Station Car Park, Kings Lynn, Norfolk

    and others I've missed out - probably. Each car park is actually owned by a standalone company which will be part of the extensive de Savary family corporate stable. At Willen Lakes the family also operate the sports centre using another of its operating companies.
    My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016). :(

    For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com
  • I have a fixed charge notice from the above company. I have read information stating that these demands are invalid. I should be most grateful if you would confirm same. It took all of 17 seconds for the warden to register my vehicle not displaying a pay and display ticket and issue a fixed charge notice affixed to my windscreen. I am registered disabled and it takes me far longer than 17 seconds to obtain a p & d ticket. With thanks Anne Lucas
  • Coupon-mad
    Coupon-mad Posts: 150,138 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 27 March 2013 at 5:17PM
    anne_lucas wrote: »
    I have a fixed charge notice from the above company. I have read information stating that these demands are invalid. I should be most grateful if you would confirm same. It took all of 17 seconds for the warden to register my vehicle not displaying a pay and display ticket and issue a fixed charge notice affixed to my windscreen. I am registered disabled and it takes me far longer than 17 seconds to obtain a p & d ticket. With thanks Anne Lucas


    This bunch are notorious for this and in your case they have breached the Equality Act 2010 due to your disability - they HAVE to allow enough time for a disabled person to get a P&D ticket. Their demands are not just invalid but are also a disability discrimination issue - this needs to go to the papers, your MP and/or local Trading Standards office at the Council, as a serious complaint about their sharp practice - because we've had 2 or 3 posters saying the same thing about this notorious site.

    There was also a thread about them yesterday, I would not ignore them but would appeal and use POPLA appeals service too, explaining that Napier have broken the BPA code of practice in several ways (see thread linked below) and also have broken the Equality Act 2010 as you are disabled so they legally had to make a 'reasonable adjustment' of time to get a P&D ticket. Use those words and say that any contract is null and void if it seeks to break the law of the land.

    https://forums.moneysavingexpert.com/discussion/4518423

    Expect Napier to reject your appeal but make it a strong complaint and then come back to start your own thread please when it comes to drafting a strong POPLA appeal. To read about POPLA, read the forum, most threads talk about POPLA appeals, have a read over the long weekend and then write out your complaint to Napier. Here are the current threads on the forum from today, almost all about private parking companies and alsmost all mention POPLA appeals:

    http://forums.moneysavingexpert.com/forumdisplay.php?f=163

    HTH - don't ignore Napier as they own this car park, have a terrible reputation on this forum - and have been known to try a small claim against people which you can stop them even thinking about, by winning at POPLA and making them cancel the ticket at their expense.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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