Napier Parking - still ignore?

Coupon-mad

Clueless2012 wrote: »

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!

gmx

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

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.

Clueless2012

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

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.

anne_lucas

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

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.