Parking Fine in Boston

nigelbb

Are you sure that this is a Napier car park?

Here are Napier's T&Cs for the Boston Central Car Park, Boston

http://www.napierparking.co.uk/assets/Uploads/PDF/Boston-terms-and-conditions.pdf

The OP seems to have a charge for leaving the site while there is nothing in the T&Cs about leaving the site.

If indeed the car park is run by Napier then 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.

So the charge is a for a breach of contract although I believe that Napier can be more inventive in their 'genuine estimation' of losses than other PPCs.

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/assets/Uploads/PDF/Boston-terms-and-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/OC372919/BOSTON-CAR-PARKS-LLP/companies-house-docs#other-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/914778997/JAMES-NICHOLAS-JOHN-DE-SAVARY/directors-shareholders#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/911710911/NICHOLAS-DE-SAVARY/directors-shareholders#people

mark24369

Tesco are the Landowners

4consumerrights

mark24369 wrote: »

Tesco are the Landowners

How did you find that out - they are seriously misrepresenting the landowner here then according to them Boston LLP are landowners - their own company! (see above post and click on company webchecks!)

Coupon-mad

mark24369 wrote: »

Tesco are the Landowners

That would be interesting - 'Colliers' run Tesco holdings I think and have not taken kindly to cases where they have had to step into a PCN dispute. But the t&cs suggest it's Boston LLP who are a dormant company, as pointed out already.

You/the other poster can have some fun appealing this one I suspect. Are Napier in the BPA still or IPC?

I am at work and can't check too many links & sites except of course...MSE.

nigelbb

Coupon-mad wrote: »

Are Napier in the BPA still or IPC?

Still in the BPA Ltd AOS (at 15:42 on 9th January according to the website anyway).

mark24369

The manager of B and M told me this morning.So if Tesco are the landowners surely Napier are wrong by using T and C of somebody who doesn't actually own it? Where can I find out who actually owns the land? Will the council tell me, Also if the owners are Tesco would this be in my favour when appealing to POPLA when Napier are using Boston LLP t&c.

4consumerrights

mark24369 wrote: »

The manager of B and M told me this morning.So if Tesco are the landowners surely Napier are wrong by using T and C of somebody who doesn't actually own it? Where can I find out who actually owns the land? Will the council tell me, Also if the owners are Tesco would this be in my favour when appealing to POPLA when Napier are using Boston LLP t&c.

Mark it is better if you ask specific questions that you want answered on your own thread - where you will receive personal tailored advice. Even though this OP has a FCN for the same car park they have not come back since. You on the other hand already have a POPLA code - do do not waste it as it is only valid for 28 days from the date issued by the PPC.

I have answered your question above on your own thread.:)

Coupon-mad

mark24369 wrote: »

The manager of B and M told me this morning.So if Tesco are the landowners surely Napier are wrong by using T and C of somebody who doesn't actually own it? Where can I find out who actually owns the land? Will the council tell me, Also if the owners are Tesco would this be in my favour when appealing to POPLA when Napier are using Boston LLP t&c.

Yes it will. Get a screenprint right NOW of that t&c page, if that's the same webpage mentioned in Napier's ticket and or signage (check, of course, that they haven't updated their ticket with a new webpage!). Can you get it in writing, maybe by a gently prodding email to B&M, that Tesco are the actual landowners. And read this thread which was in the Successful Complaint about PPCs sticky thread up the top of the forum:

RETAIL PARK, COLLIERS/TESCO (THE RANGE WERE USELESS - DISABILITY DISCRIMINATION) & PARKING EYE (AFTER COURT PAPERS ISSUED!) - http://forums.pepipoo.com/index.php?...6&#entry876636

You could bite the bullet and write to Colliers straight away as there's an address on that thread, tell them B&M said the landowner was Tesco and you understand they act as Tesco's representative company on the property side of things...and can they confirm this car park is owned by them and that they have authorised this parking regime seeing as the t&cs appear to still show 'archive details' of the old owner which is odd...

I am hoping Brad69 is reading all of this and has appealed as keeper, same as mark did, and doesn't rush the POPLA appeal wording. We can help with that but it sounds like mark is set to get some facts established first that will help both posters. Brad69 and mark should compare notes urgently by pm I suggest, with mark bearing in mind that his POPLA deadline restricts him to have to submit the POPLA appeal in January really.

4consumerrights

@Coupon - both Mark and this OP (apparently in contact with Mark) have both received emails from Napier cancelling their charge - see Mark's thread.