Napier Parking

Mole69

I have received a parking ticket from Napier - I parked with my disabled mother & elderly grandmother at a new car park, I walked them across to the restaurant where we were having a family meal before moving my car to the car park at the rear of the restaurant (couldn't park there initially as there are lots of steps at the rear & I couldn't managed both my mum & gran on my own)

I return moments later to find a ticket on my car - I had even displayed my mums blue badge in the window. However it transpires that blue badge holders are not exempt from charges - which it states on a sign on the entrance (which is an impossible part of the road to stop & read due to traffic behind as its on a sharp bend) the pay machine (which blue badge holders don't go to unless they see a sign telling them they need to & it was also placed on a sign which is 7 feet high - apparently so as not to obstruct passers by !!!

I appealed to the company but have had my appeal refused - I will now be approaching POPLA - would anyone have any sound advice. I have taken a photo of myself under the sign - which without a torch & binoculars I would of struggled to read had I of seen it initially anyway.

ampersand

Quoting from the excellent coupon mad - and countless other Threads:

Ticket in a private car park?... DON'T PAY IT! ''These supposed fines are the new Wild West - cowboys at supermarkets or housing estates - they're often unenforceable...they have no power to fine.'' (Martin Lewis).

CLICK on '>Parking Tickets, Fines & Parking>' end of the small blue 'Home>Forums>' link, top of the page, to see current threads.

Guys_Dad

From the POPLA web site.

Grounds of appeal

The grounds under which you can appeal the parking charge notice are as follows:

The vehicle was not improperly parked: e.g. that the vehicle was not parked where stated on the parking charge notice; that you believe you were still within the time you paid for; that the voucher was clearly displayed or that the conditions were not properly signed.

The parking charge (ticket) exceeded the appropriate amount: e.g. that you are being asked to pay the wrong amount for the parking charge or that the charge has already been paid.

The vehicle was stolen: e.g. that the vehicle was improperly parked after being stolen. However, the fact that someone else was driving your vehicle, for example a family member, friend or colleague, is not in itself a valid ground of appeal. The fact that you told the driver that they could only use your vehicle on condition they did not get any parking tickets is not a valid ground of appeal.

I am not liable for the parking charge: e.g. that you had sold the vehicle before, or bought it after, the alleged improper parking. However, the fact that you had paid to park the vehicle in the first place (even if, for example, the voucher was not clearly displayed) is not in itself a valid ground of appeal.

OK - do any of these apply? Not from your post so far.

Although many car parks allow free parking for disabled drivers/passengers, there is no compunction for landowners of PPCs to allow this.

So, if you do want to launch an appeal to POPLA with the intention of winning it, rather than ignoring them if they reject it, you need some winning arguments.

These will hinge on the PPC doing something wrong with their "process or procedure". The points about the signs are a start.

But do read the BPS COP and Appendix C as well. http://www.britishparking.co.uk/write/Documents/AOS/BPA_CodeofPractice_2013_v1.pdf

If you can trip them up on anything here, that's the way to win. Also demand to see the relevant clauses from their contract that allows them to penalise /charge you.

Remember that POPLA is based on the fact that by entering a car park, you have made a contract with the PPC/landowner. We might not agree, but that's their position. You then have to prove that the PPC in some way has transgressed thereby making the contract unfair or invalid to win at POPLA.

Good luck.

Mole69

I have now engaged (unprofessionally on their part) in a game if email tennis - I received my refusal of appeal & so proceeded to send them a photo of myself under the 7 foot sign. My only concern is that the car park appears to belong to them - would this change anything.

ampersand

Mole69 wrote: »

I have now engaged (unprofessionally on their part) in a game if email tennis
Why bother?

My only concern is that the car park appears to belong to them
-what proof have you of this?
#########
You are letting yourself be played by them.
Leave it.

Mole69

The main reason I believe the car park belongs to then is just because there are no other signs apart from theirs stating ownership of the car park. I will go back there tonight & have a look.

Guys_Dad

Mole69 wrote: »

The main reason I believe the car park belongs to then is just because there are no other signs apart from theirs stating ownership of the car park. I will go back there tonight & have a look.

That could be their slip up, of course. Look on some recent threads. there is a way to find out who owns the car park. Also badger the council to see that they are paying a business tax. Probably they will be as it is a chargeable park, but you never know.

Coupon-mad

Mole69 wrote: »

I appealed to the company but have had my appeal refused - I will now be approaching POPLA - would anyone have any sound advice. I have taken a photo of myself under the sign - which without a torch & binoculars I would of struggled to read had I of seen it initially anyway.

My posts #8 and #9 on this recent thread summarise my advice about Napier:

https://forums.moneysavingexpert.com/discussion/4506249

For a start they have breached the BPA Code of Practice in at least three ways - no grace period allowed, the signs are unclear, and they put a fake PCN on a car that was displaying a Blue Badge.

Read the BPA Code of Practice as linked on the BPA website and find all the breaches - does the ticket allow a 40% discount, is it for under £100, have a read of the CoP and spot the breaches! POPLA adjudicators seem to like informed appeals with lots of BPA Code breaches as well as contract law arguments ('I didn't even see the signs as they were so unclear/high/tiny wording/unlit, therefore no contract exists' that sort of thing...).

Draft what you are thinking of saying and post it here first for help to fine-tune it, after you've read and digested the CoP.



HTH