Ott?

Styoupid

Is the template letter on 'parking cowboys' too long? Or will it help with the POPPLA appeal?

I'm about to do battle again but this time ignoring isn't recommended. I have received the NTK and I'm preparing the appeal. The car was parked in a private car park with a blue badge visible in the windscreen. It wasn't parked in a disability bay. That's as simple as it gets.

I'm reading the forums but can miss things. Don't be afraid to steer me back on track if needed.

Umkomaas

Which PPC are you dealing with?

Also:

Date of event?
Windscreen or ANPR capture ticket?
Date on NtK?
Are you the Registered Keeper?
Or is the car on hire or a company vehicle?
Was the incident in England or Wales and do you live in E/W?
Are you under 18?

If we have the answers to above we can give you better advice than just commenting on your appeal to the PPC (and yes, it might be a bit OTT, but we'll come back to that).

Styoupid

The PPC is Nap.i.e.r parking.

The fixed charge notice was issued on 01/09/2013
Windscreen ticket.
The NtK was sent on 14/10/2013
I am the registered keeper but not the driver at the time.
The incident happened in England and I live in England.
I am over 18.

Thanks

Umkomaas

OK - the dates seem to be in order (for compliance purposes). Napier are fairly tame, but still need to be handled correctly. You must make sure that in any appeal you send you use the term 'the Registered Keeper', and under no circumstances do you reveal who might or might not have been driving. Everything in the third person.

So you need to write a 'soft' appeal which will inevitably be rejected. The purpose of this appeal is to hook a POPLA code from Napier and then develop a strong appeal to POPLA which can see this charge off.

Your soft appeal should just be a bit of context setting then a couple of short appeal points from the draft you initially posted. You don't need much more than a couple of paragraphs. Make sure you end it with - 'either accept this appeal and confirm cancellation of this charge or provide a POPLA code so this can be placed before independent adjudicators'.

I'm not sure how au fait you are with the rest of this process, but if you have a look at this template 'Walk Through' I've produced it will cover most bases. Here's the link:

http://forums.moneysavingexpert.com/showpost.php?p=63631860&postcount=3

Finally, if this was a retail park have you complained to the retailer(s) or if a general parking facility find out who the landowners are and complain to them. Complaints have worked many times in getting tickets cancelled.

Fergie76

Styoupid wrote: »

Is the template letter on 'parking cowboys' too long? Or will it help with the POPPLA appeal?

I'm about to do battle again but this time ignoring isn't recommended. I have received the NTK and I'm preparing the appeal. The car was parked in a private car park with a blue badge visible in the windscreen. It wasn't parked in a disability bay. That's as simple as it gets.

I'm reading the forums but can miss things. Don't be afraid to steer me back on track if needed.

Is there a charge for using this car park?

Are blue badge holders excepmt of any charge?

If so, does this only apply to car parked in recognised disabled bays?

peter_the_piper

What was the ticket for, don't think I missed it.?

Coupon-mad

The PPC is Napier parking.

Oooooh, now they are harder to beat at POPLA so bear that in mind. Napier use signs that say you are contractually agreeing to pay a charge to park. Not that the driver has 'breached the terms', so 'not a genuine pre-estimate of loss' won't be enough to rely upon.

Also Napier often own the car park (or a connected company does). So again it may be difficult to beat them on 'not the landowner/haven't got the status or landowner contract' when you get to POPLA.

The good news is that a person I helped on pepipoo forum has just told me that his POPLA appeal that was extra-carefully crafted, worked against Napier and he won the appeal. So have a read of LowEndTheory's thread on pepipoo parking forum, here:

http://forums.pepipoo.com/index.php?showtopic=77378

As you can see, Napier are also fairly nasty and litigious so you will need to be spot-on with appeal/POPLA deadlines being met. And make sure you get help with that POPLA appeal where 'no loss' won't be enough. If you join pepipoo and send a pm to LowEndTheory I expect he will see it and reply because he saw a pm from me last week asking for an update.

What was the ticket for, don't think I missed it.?

They usually have an operative hiding who watches a person walk away from a car then tickets it for not paying & displaying within 5 seconds, or being over a crack in the pavement or some such drivel. No attempt to mitigate any loss (but then again their signs are craftier than most).

Ticketing a car showing a disabled Blue badge is of course a BPA Code of Practice breach though, which is a good start for an appeal. But maybe the driver should have paid and displayed unless Blue Badge drivers get to park there for free (usually not in private car parks).

Hello Napier, if you are reading this, got stuffed at POPLA didn't you? !!!!!!!

Styoupid

There's an hourly charge for using the car park.
Blue badge holders are free as long as they are parked in a disabled bay.
The 'fine' was for failing to display a valid ticket.

Coupon-mad

Were the few disabled bays full then? Napier should have made a reasonable adjustment under the Equality Act 2010 as the car was displaying a Blue Badge, rather than only allow a certain number of Badge holders to have a concession (= patently unfair against other disabled people).

Anyway there's more than that so have a read of the whole LowEndTheory thread already linked. Check if unsure before sending each appeal stage wording - particularly at POPLA stage as it could be easily lost by relying upon the usual words that beat other PPCs.

Napier a re bit different and a bit harder to beat, that's all. But it can be done.

Fergie76

Styoupid wrote: »

There's an hourly charge for using the car park.
Blue badge holders are free as long as they are parked in a disabled bay.
The 'fine' was for failing to display a valid ticket.

As word of warning, don't rely on breach of article 16.5 of the BPA AOS COP in any appeal, as the BPA don't consider this to be a breach, despite the COP saying:

16.5 If your landowner provides a concession that allows parking for disabled people, if a vehicle displays a valid Blue Badge you must not issue it with parking charge notices

Styoupid

I have found out that Napier are contracted to run the car park and do not own the land. Should I have a go at contacting the land owners?