Unfair ticket at BM carpark Boston

mark24369

The warden told me to email his company to appeal against the fixed charge notice.So I emailed them and received a reply.This reply included a POPLA appeal form and a verification number.So should I send my appeal to popla or wait for an official NTK letter?
many thanks

Redx

the problem here is you have probably now identified yourself as driver in following his advice instead of mine , so may have thrown away key appeal points

if you had followed MY advice you would have waited for the NTK but impatience shone through and you followed the advice of the same guy who should have warned you about going "off site"

anyway, too late now, so

you have 28 days to get an appeal in to popla , so no you cannot wait for an NTK or you will be too late for popla, I already mentioned this previously

so now work on a popla appeal and put a draft here for checking , minus any personal info , make sure this is done and sent off within the next fortnight just to be sure, but do not send it without checking on here first

there is another thread same as yours from the same car park this week, so check what he is doing too, as you may both need the same advice

nigelbb

OK, it is a Napier car park. Here are the T&Cs for this particular car parkhttp://www.napierparking.co.uk/assets/Uploads/PDF/Boston-terms-and-conditions.pdf

Here is the crucial definition from the T&Cs:-

(b) “Fixed Charge Notice” is the document by which we notify you of the additional charges which the driver of a vehicle has incurred as a result of any breach of these Terms and Conditions of Parking. This has the same meaning as a Parking Charge Notice [“PCN”] for the purpose of an appeal to POPLA.

They are claiming damages for breach of contract so an appeal on the basis that the charge is not a genuine pre-estimate of loss should be a winner at POPLA.

4consumerrights

Boston car park has undergone a revamp according to Napier's website.

Napier are so helpful in providing all t&c's and ownership details though:

http://www.napierparking.co.uk/asset...conditions.pdf

FCN looks to be just for standard breach of terms and conditions of parking so no GPEOL>

The landowner is cited as Boston LLP - designated as a dormant company at companies house:

http://companycheck.co.uk/company/OC...ther-documents

Sadly Savary snr and jnr do own the car park - full list here - but are seriously misrepresenting this on the parking contract - possibly legal and tax concealment also.

http://companycheck.co.uk/director/9...holders#people

However a flicker of good news is that both the Savary's have been very naughty in creating two director ID's each - Companies House will frown against this ....... breach of companies act etc.

Prove here at Napier parking - same address for both director id's just a slight variation in name (dropping middle and "DE")

http://companycheck.co.uk/director/9...holders#people

mark24369

B and M told me it belonged to Tesco!!!!

Redx

this article not long ago also points at it being tesco

http://www.spaldingtoday.co.uk/news/latest-news/disabled-driver-s-call-for-leniency-over-fine-1-5479483

it lists a different PPC however

its also not that long ago that Tesco kicked out a ppc (PE ?) on a b&m store site due to tesco not giving permission for any PPC to be there

Coupon-mad

Good point Redx. This one is getting interesting.

mark24369

So Napier are using T&C by somebody who actually doesnt own it if Tesco is actually the landowner.I better print out the T&C with Boston LLP on it.Could get interesting to send this to popla?

Redx

I would try a complaint to tesco and see what they say, they may not even know that B&M have employed a PPC , or they may give you info on the landowner if its changed

dont let that deflect you from your current draft for a popla appeal though

ie:- do both

4consumerrights

Very interesting indeed Redx as Coupon states (but for two charges!)

this article not long ago also points at it being tesco

http://www.spaldingtoday.co.uk/news/...fine-1-5479483

it lists a different PPC however

From the paper (published 11 September 2013):

The private car park, once owned and run by Boston Borough Council, now belongs to Tesco Holdings and is managed by G24 Ltd.
B&M Bargains rents it.

Quoted from their terms and conditions page:

2. OWNERSHIP OF CAR PARK/ASSIGNMENT OF RIGHTS.
(a) This Car Park is owned by Boston Car Parks LLP.
Boston Car Parks LLP has entered into a contract with us whereby all rights and obligations concerning the management and administration of the parking services at the Car Park are assigned to us

So if Tesco Holdings own the land and B& M Bargains rent the car park - where does the misrepresentation of landowners which states Boston Car Parks LLP (a dormant company set up by the directors' of Napier using different company director ID's at companies house fit in.......... fraud and deception clearly come to mind!


Napier claim on their Services page:

http://www.napierparking.co.uk/services/

A national car park operator which specialises in owning and managing car parks and private land.

We could certainly have a lot of fun here.

@Mark - please do not lose sight of your POPLA code which should be your priority - but you could as Redx suggested write to Tesco and find out - point out the newspaper article.

The sure way of finding ownserhip is the land registry - if the car park is listed separately that is - this costs £3 for an internet download and about £15 for a postal copy - the latter is certified and is admissable as court evidence whereas the £3 version is not.