N@pier

tbird0062

Hi, following happened. My wife and I went in the evening to a gym at Will3n Lak3s. We were assuming that there is no parking charge in the evening and did not even read the signs at the parking place. When we returned to the car, we found a FCN on the wind screen for "FAILURE TO DISPLAY A VALID PAY AND DISPLAY TICKET". Under normal circumstances we would pay the discounted charge of £ 40. However, having read through the forum, we consider to appeal. We are a little bit concerned because this is against [EMAIL="N@pier"]N@pier[/EMAIL] and we understand that they are some of the more "sophisticated" companies.

We would like to know from experienced forum users if it is still a realistic option to go the appeal route instead of paying £ 40. Thanks

4consumerrights

First thing to realise is N@pier will be watching this thread like a hawk - they will copy posts and what you say as evidence!

do NOT respond to any pms unless by a trusted regular.

Secondly - we cannot make the decision for you regarding making an early payment. You will need to weigh up the balance of making a formal appeal or paying the reduced amount.

Personally I would appeal this but then I'm an argumentative so and so and know how this company operate -

This parking company do own some of the car parks where they operate - but you are safe with this one as it owned and run by a charity.

I take it you have not appealed yet to the first stage nor have you waited for a notice to keeper to arrive. This may arrive out of time
and having seen a couple - they are not usually compliant under POFA for pursuing the RK as not all the relevant information is given.



So perhaps when the RK of the vehicle receives this FCN - as a friend you could come back to the thread :;)


If you decide to take this on and appeal - a specialised appeal will be necessary - it would be better to do this off forum due to their spying techniques.


You should also be aware that this company do issue court claims.

the choice is yours - I have given you an appraisal. You need to weigh up the balance.

Coupon-mad

Personally I would appeal as well. I am pretty sure we've seen that N+pier* don't own Will3n Lak3s*, and I recall helping someone with a POPLA appeal which won v this lot, a while back. It will need to be worded very well! We can help if you are up for it and if you lost then POPLA would only expect you to pay the full amount (£80?) or N+pier will proceed to court. But equally, you may well win at POPLA with a decent appeal. All or nothing, or pay £40 now - you decide!

If you decide to appeal then now is not the time - await the first letter, as advised in the NEWBIES FAQs sticky thread.




* you may wish to edit your first post and title, showing the PPC's name only as 4CR and I have done, so it doesn't come up with a general search of forum posts for this name & location.

nigelbb

Helpfully T&Cs for this car park are posted on their website although they really only apply if they are on display at the actual car park. Signs referring you to the website are not sufficient. Anyway they don't own the car park.

The T&Cs refer to

charges applied under a Fixed Charge Notice if you breach these Terms and Conditions of Parking

If you fail to comply with these requirements, then we may charge you an £80 Fixed Charge Notice.
(c) The £80 Fixed Charge Notice represents liquidated and ascertained damages.

therefore a standard 'Not a genuine pre-estimate of loss" appeal to POPLA should see them off although you must be prepared to pull apart any pre-estimate of loss that they may present to POPLA.

kirkbyinfurnesslad_2

I disagree

You are likely to lose against n+pier esp if its a P+D , N+pier are hard beat on GPEOL, they also own or lease their car parks

But wait for the NTK to arrive, however i would consider paying the £40

Coupon-mad

I don't think they own Will3n Lak3s though - I think I have helped someone win at POPLA at that site before. KIFL can you change the PPC name please to N+pier?!

tbird0062

Thanks for all your replies so far. As a newbie I won't interfere too much with your comments. But I found on the internet a POPLA decision from 19 September 2013 which allowed appeal for GPEOL because N+pier failed to justify the charge.

kirkbyinfurnesslad_2

Done for you mrs )

Coupon-mad

kirkbyinfurnesslad wrote: »

Done for you mrs )

LOL!!! Thanks Mr!

Coupon-mad

tbird0062 wrote: »

Thanks for all your replies so far. As a newbie I won't interfere too much with your comments. But I found on the internet a POPLA decision from 19 September 2013 which allowed appeal for GPEOL because N+pier failed to justify the charge.

That may have been the one I helped with as it was before Christmas and was at Will3n Lak3s - I think the poster was on pepipoo. I don't think this is a lost cause so if you are up for it then wait for the first Notice to Keeper - as long as you are the keeper.

4consumerrights

kirkbyinfurnesslad wrote: »

I disagree

You are likely to lose against n+pier esp if its a P+D , N+pier are hard beat on GPEOL, they also own or lease their car parks

But wait for the NTK to arrive, however i would consider paying the £40

Not this one KIFL

this is definitely owned by this lot

http://www.theparkstrust.com/parks/willen-lake-north