Private parking ticket

Redx

on a lot of pay and display car parks the reg number is entered into a machine and is printed on the ticket , it will also say its not transferable

the signs at that car park probably said this too

a search of this forum shows that as KIFL says napier do own a lot of car parks and may well have the legal right to take you to court, which they have done with others in the past , they have also won at popla too

they appear to have a retired judge or similar so know about the law and will use it

these questions that you are posing, you have the right to be taken to court and have them answered by a judge who will decide for or against, but in the case of napier I would think you will be on thin ice

so as KIFL is warning you about this , and he knows this subject and helps people in court etc, you should be wary of prodding the beast, in case it wakes up !

what you think isnt relevant, its what you can prove or disprove in court that remains relevant (or at popla)

this isnt a simple overstay on an aldi car park overseen by PE

girllikeme1

Damn. I'll just have to make sure I park in free car parks at least the next 20 times, to psychologically pay myself back!

Thanks for all yr help.

4consumerrights

@ OP - don't say on this open forum - as N*pier watch this like a hawk -

The accusation of transferring the ticket - how do they know ?

The ticket machines may be faulty or incorrectly callibrated

Very often the parking attendant watches motorists - again don't state here please but bet the observation time was less than 2 minutes before FCN issued

They claim it is a contractual charge - but this really is for breach of contract due to signage terms and conditions - also advertised on website.

some of their car parks are not owned (yet they purport to be so)

I like a N*pier challenge .....

however not sure KIFL would agree to this one

4consumerrights

@girllikeme1 - I am bumping this thread back up to alert you to some possibllities.

a) It is your call whether to pay the reduced amount or to appeal to POPLA.

b) It is not impossible to win at POPLA - but a special appeal for this lot needs to be written - regarding ambiguity of signage - forming contracts with driver and the charge neither being a GPEOL and an unlawful penalty; unfair terms and lack of VAT charged.

c) it is true that N*pier's directors have set up separate companies citing ownership of some car parks - and yes they do own some. There are however some discrepancies - and I do take an (Un)healthy interest in this company.

d) The allegation of transferring a ticket - would suggest that there was a parking attendant watching : this can be challenged on two/three basis: -

i) signage - ambigous and not clearly defined in many car parks - including the alleged contraventation here.

ii) If a parking attendant was on scene -then he had a legal obligation to mitigate the company's losses in this matter - and should have pointed this out if this was occurring.

iii) there is no loss incurred by a simple ticket transfer -

eg if (car) A buys a ticket for 3 hours and then after 1 hour gives the ticket to (car) B who remains on site for the remainder - there is no loss per paid parking provided that:

(car) A leaves the site and (car) B does not overstay the paid amount.
this can be argued more technically in a POPLA appeal.


if you would like to pm me the location of the car park - and details of the ticket (I will give you an honest appraisial regarding the car park ownership - based on research todate.

I would also be prepared to work off forum and write your POPLA appeal for you - and would be happy to confer with coupon mad on this via email.

For regulars please note - I have conferred with KIFL on this one and decided to offer to do this appeal outside of our company -

girllikeme1

Thank you, I think I'll just pay it though :-/ Do begrudge it as I think the rule is wrong and the parking attendant unethical for the reasons you've stated above... But I don't know enough about this to confidently challenge them (even with support) and don't have the time to give it my attention.

Napier are b@stards!!

Coupon-mad

That's a shame - Napier cases can be won at POPLA and me and C4Rights would write you the best POPLA appeal we can muster, if you are up for it. We are.

kirkbyinfurnesslad_2

Napier cases are between a rock and a hard place.

girllikeme1

I'll deliberate... Certainly will make them wait until day 14 before I pay it anyway, in case I change my mind!

Warden watched someone give me ticket as I struggled with pushchair and bags... Then watched me later buy another ticket to extend my stay (wasting more money!).

Morally I feel I'm on higher ground than them, but...

Coupon-mad

We reckon we'd probably win at POPLA. Can't give you 100% guarantee of course. You have me and 4CR offering to write your POPLA appeal between us. And your username is apt seeing as 4CR and myself are both female!