Napier FCN Help Please!!!

Prakasht

I was issued a Fixed charge notice (FCN) for £80 by Napier Parking Limited inside my apartment parking lot for not displaying my parking badge on 14/06/2012. I just moved in to that apartment a week earlier and though the parking is allocated to that apartment my estate agent hasn't issued the parking permit yet, but regardless that parking bay is attached to my apartment and i am the tenant living in the apartment. So i appealed to Napier to cancel the parking charge explaining the above issue, while this was ongoing Napier issued another fine for the same reason on 18/06/2012.

I took this to the attention of estate agent and they said they will discuss this with Napier on this and Napier went completely quite on this with no correspondence from them. However after almost after 19 months out of nowhere i received 2 letters from The Thomas Higgins Partnership (Solicitors) stating that they represent Napier and asking me to pay £130 for each fine (£260 in total). This is the only contact from Napier since the issue of fine (19 months back).

I have the evidence of my appeal correspondence with Napier for reference.

I feel that this fine is totally unfair as it is my parking space and despite me explaining my case to Napier they had the audacity to issue another fine. I feel i don't have to pay this fine at all, Could you kindly advice me on what would be the best route to handle this situation.

Thanks,
Vincent

Coupon-mad

I would start by suggesting you read the LBCCC Fightback 'sticky thread' (one of the top 'FAQs' Notices stuck on the forum like a noticeboard) by retired solicitor, zzzLazyDaisy because you should treat this letter as a potential Letter before Claim.

Napier do occasionally try court and it seems in this case you've told them who the driver was as well, which has made things a little easier for them (in early 2012 the registered keeper could not be held liable...only the driver...but it sounds like you've told them who that was by appealing). I expect that's why they've scraped the barrel for some old cases and chosen yours as one of them to frighten with a letter.

Thing is, because Napier do try court cases (and they read this forum) you must tread carefully here. Read the LBCCC thread and plan an acknowledgement of what I suspect is a non-compliant LBC, and then a robust formal response as per the guidance thread. Do not reply to any pm from a fairly new poster in case it's the PPC themselves (honestly). But don't panic either, a potential small claim is no biggie and will decide the matter once and for all without affecting your credit rating and without massive costs (a typical Napier case they won, I recall, got them the grand sum of...£80...and that was it, the PCN amount only!). What I am saying is there is almost certainly NO ADVANTAGE to paying them now but you must be proactive with responses to every letter and let us know if you need help to defend a small claim in the end (which is no biggie, remember).

I take it Napier are not the landowners here? please confirm, because they do own some car park sites, or De Savary does (connected).

bod1467

What does your leasehold/freehold/deeds say about your parking space? Does it mention parking permits at all?

If it does, and the management company were lax in providing you with a permit, then you may have a counter-claim against them too.

If it doesn't then Napier have no valid claim at all - see https://forums.moneysavingexpert.com/discussion/4777418 as yours could be a similar situation.

Prakasht

Hiya,

Thanks for your kind info, apologies i was overseas on work.
I have been reading your legendary threads on this, and i am trying to find the landowner of the parking space now. meanwhile i have received this 'Letter before county court claim' on 31st Jan.

If the parking space is not owned/leased by Napier then i will try and see if i could get that cancelled by the appropriate land owner if not then i guess i will have to make the formal response to LBCCC before the 14 days deadline.

I will update you as i know more. Again thanks for your help.

Regards,

Coupon-mad wrote: »

I would start by suggesting you read the LBCCC Fightback 'sticky thread' (one of the top 'FAQs' Notices stuck on the forum like a noticeboard) by retired solicitor, zzzLazyDaisy because you should treat this letter as a potential Letter before Claim.

Napier do occasionally try court and it seems in this case you've told them who the driver was as well, which has made things a little easier for them (in early 2012 the registered keeper could not be held liable...only the driver...but it sounds like you've told them who that was by appealing). I expect that's why they've scraped the barrel for some old cases and chosen yours as one of them to frighten with a letter.

Thing is, because Napier do try court cases (and they read this forum) you must tread carefully here. Read the LBCCC thread and plan an acknowledgement of what I suspect is a non-compliant LBC, and then a robust formal response as per the guidance thread. Do not reply to any pm from a fairly new poster in case it's the PPC themselves (honestly). But don't panic either, a potential small claim is no biggie and will decide the matter once and for all without affecting your credit rating and without massive costs (a typical Napier case they won, I recall, got them the grand sum of...£80...and that was it, the PCN amount only!). What I am saying is there is almost certainly NO ADVANTAGE to paying them now but you must be proactive with responses to every letter and let us know if you need help to defend a small claim in the end (which is no biggie, remember).

I take it Napier are not the landowners here? please confirm, because they do own some car park sites, or De Savary does (connected).

Coupon-mad

Make sure they receive your response before day 14 just in case. Don't leave it until day 14 to post.

Prakasht

Will do, thanks very much.

Coupon-mad wrote: »

Make sure they receive your response before day 14 just in case. Don't leave it until day 14 to post.

Coupon-mad

Make sure it's very strong. If I have a gap in my inbox when you've prepared what you want to say based on Daisy's thread, I wouldn't mind you pming it to me to check in private. I may be able to help but this is one of the stickiest cases if they know who the driver was and if they do own the car park or lease it.

4consumerrights

You do need to respond to this letter as coupon says see daisy's thread - note though this is written with Parking eye in mind so the part about their legal department is not relevant - and reply before 14 days as they could then apply to Northampton bulk clearing for court papers.

Check if it meets Practice Direction - Napier have really splashed the boat out here as The Terrence Higgins Partnership offer a letter before action for a princely sum of £2.00 plus VAT:

http://www.thomashiggins.com/default.aspx

I was issued a Fixed charge notice (FCN) for £80 by Napier Parking Limited inside my apartment parking lot for not displaying my parking badge on 14/06/2012. I just moved in to that apartment a week earlier and though the parking is allocated to that apartment my estate agent hasn't issued the parking permit yet, but regardless that parking bay is attached to my apartment and i am the tenant living in the apartment.

The good news is that Napier almost certainly do not own this and they do claim to do residential car park management as part of their services on their website - with permits.

What does your tenancy agreement say about permit - you should also contact your landlord regarding the Estate Agents inefficiency here. Your local rent officer at the council may also be able to assist as you are entitled to peaceful enjoyment of your rented property.

Napier are doing court at the moment though so be proactive here.

The freeholder of the property and lease rights can be found on the land registry - it costs £3.00 for a email download - but this is not admissible in court and I believe either £12 or £15 for a court certified copy.

The fixed charge does not seem to be fixed any more though as it looks as if they have already added on £50 solicitors fees which they have not yet incurred!


Edit post crossed with some of coupons.

Prakasht

I am currently working preparing the response and once completed will push it to your inbox.

Thanks,

Coupon-mad wrote: »

Make sure it's very strong. If I have a gap in my inbox when you've prepared what you want to say based on Daisy's thread, I wouldn't mind you pming it to me to check in private. I may be able to help but this is one of the stickiest cases if they know who the driver was and if they do own the car park or lease it.

Prakasht

Thanks for the info.

4consumerrights wrote: »

You do need to respond to this letter as coupon says see daisy's thread - note though this is written with Parking eye in mind so the part about their legal department is not relevant - and reply before 14 days as they could then apply to Northampton bulk clearing for court papers.

Check if it meets Practice Direction - Napier have really splashed the boat out here as The Terrence Higgins Partnership offer a letter before action for a princely sum of £2.00 plus VAT:



The good news is that Napier almost certainly do not own this and they do claim to do residential car park management as part of their services on their website - with permits.

What does your tenancy agreement say about permit - you should also contact your landlord regarding the Estate Agents inefficiency here. Your local rent officer at the council may also be able to assist as you are entitled to peaceful enjoyment of your rented property.

Napier are doing court at the moment though so be proactive here.

The freeholder of the property and lease rights can be found on the land registry - it costs £3.00 for a email download - but this is not admissible in court and I believe either £12 or £15 for a court certified copy.

The fixed charge does not seem to be fixed any more though as it looks as if they have already added on £50 solicitors fees which they have not yet incurred!


Edit post crossed with some of coupons.

Prakasht

Thanks for the info.

Today I received a very unhelpful response from the estate agent stating that this has nothing to do with them (Napier wouldn't have issued the fine in first place if only my agent provided me the permit along with the move ).

I went through the rental agreement and surprisingly there is no mention of the parking space allocation at all (though the agent provided me the parking permit after a week's time by then i was fined twice by Napier). So does that make the estate agent not at fault here?

bod1467 wrote: »

What does your leasehold/freehold/deeds say about your parking space? Does it mention parking permits at all?

If it does, and the management company were lax in providing you with a permit, then you may have a counter-claim against them too.

If it doesn't then Napier have no valid claim at all - see as yours could be a similar situation.