Fixed Charge Notice - Napier Parking MK

Coupon-mad

classylady2010 wrote: »

I did not see any of the signs posted at all. Only the one where the disabled bays are communicating to bay users that they were for disabled badge holders only There were no t's & c's anywhere near them or in the view of the driver or any passengers.

I am going to send my version. This is making me so ill and is making my disabled condition worse.

Oh please don't just lose. We want you to send the right version. If you lose this at POPLA Napier will take you to court. Yet POPLA is winnable!

classylady2010 wrote: »

No Notice to Keeper as yet
No mention of driver

T&Cs - I get msg unable to post here. Not even the l link.

We know, we already told you how to get round that, why do newbies never read it when we say this?! Change the http to hxxp in the link you want to post.

And if you haven't had a Notice to Keeper and have never said who was driving, then you have another POPLA point of appeal. 'No keeper liability' due to no service of a NTK.

classylady2010 wrote: »

Ok got my POPLA appeal together. I want to send photographic evidence submitted by parking company in their letter of rejection. I am unable to cut and paste it (tried to no avail) so is it best just to print he correspondence from parking company and post to POPLA. Or can someone help me with this so can send online.
Tx

Only post to POPLA if you have time. What's your POPLA code expiry date? Use the Parking Cowboys 'POPLA code checker' I've linked in the Newbies thread post #3.

4consumerrights

classylady2010 wrote: »

No Notice to Keeper as yet
No mention of driver

T&Cs - I get msg unable to post here. Not even the l link.

Whilst I am not sure of the semantics of this case - due to a lot of editing


if Classylady appealed a windscreen ticket and received a POPLA code then no notice to keeper would arrive.

TheFlamingRed

Coupon-mad wrote: »

Oh please don't just lose. We want you to send the right version. If you lose this at POPLA Napier will take you to court. Yet POPLA is winnable!

We know, we already told you how to get round that, why do newbies never read it when we say this?! Change the http to hxxp in the link you want to post.

And if you haven't had a Notice to Keeper and have never said who was driving, then you have another POPLA point of appeal. 'No keeper liability' due to no service of a NTK.



Only post to POPLA if you have time. What's your POPLA code expiry date? Use the Parking Cowboys 'POPLA code checker' I've linked in the Newbies thread post #3.

Her code expires on 23/09/2014, so she still has several days left. This was said on post 16.

I am so confused as it seems many posts of this thread were deleted. But it seems she posted a first draft, which I have not seen as it appears to have been deleted, where you state it seems basic. I don't know how basic. It would be best if it was indeed reported CL.

Moreover, even if you are not going to post your appeal again, make sure you come back when you get an evidence pack from them, it will need to be rebutted properly. Practice trying to upload a document to this forum over the next several days such that you can post their evidence pack in the forum without delays (you'll only have a few days to rebate such evidence and you don't want to spend two of those days simply trying to upload the information we need.) I assume no GPEOL is going to be your main argument CL!

bod1467

OP sounds like someone who would be better off engaging the services of Parking Ticket Appeals Service. Only £16 to her and the hassle and stress go away.

classylady2010

Dear Sir or Madam,

Ticket number: XXXXXX
Vehicle registration number: XXXXXX
Issuer: XXXXXX

On the above date an invoice was issued on the car windscreen as a Fixed Penalty Charge for not displaying a Pay and Display parking ticket on a disabled bay. I am registered disabled and the registered keeper of the car but I believe it was unfairly issued. The car was parked there because advice was given to park in the overflow car park across the road from the theme park. Unbeknownst, the wrong car park was entered.

There was insufficient signage
There were no large BPA standard signs when the car park was first entered therefore there was no idea of any alleged contract or restrictions. This means no contract can be formed with the landowner and all tickets are issued illegally. The car park in question has no clear signage to explain what the relevant parking restrictions are. There is/was categorically no contract between the driver and Napier Parking. No signs were observed.

UNCLEAR AND NON-COMPLIANT SIGNAGE
There was no clear signage at the point of the disabled parking bay. The photographs taken by the ticket issuer (as enclosed) of the parking restrictions imposed at the car park is somewhere in the car park. The photograph taken did not include the signage at the point at the disabled bay where the car was parked and in fact no such signs with full terms are visible at these disabled bays, only the discriminatory/misleading 'Blue Badge only' sign. I say that the signs in that car park do not comply with the BPA Code of Practice requirements and fail to properly warn/inform the driver of the terms and any consequences for breach (as in the case of Excel Parking Services Ltd v Martin Cutts, 2011).
It is a specific requirement of the BPA Code of Practice paragraph B(18.9) that there must be very clear terms & conditions signage at a height where a disabled driver could have read them when actually parking in a disabled bay - indeed without even needing to get out of the car. There is no contract with the site that permits levying charges; contemporaneous photos of the actual signs on site taken from the view of the driver of a car where the car in question was parked.

I require XXXXXX Parking to provide POPLA with evidence that its signage is compliant with BPA rules upon both entry and where the car in question was parked.

The charge is disproportionate and not a genuine pre-estimate of loss
The invoice for a payment of £40 as noted within the Parking Charge is a punitive amount that has no relationship to the loss that would have been suffered by the Landowner. The BPA code of practice states:

19.5 If the parking charge that the driver is being asked to pay is for a breach of contract or act of trespass, this charge must be based on the genuine pre-estimate of loss that you suffer.

19.6 If your parking charge is based upon a contractually agreed sum, that charge cannot be punitive or unreasonable.

I require XXXXXX Parking to provide a detailed breakdown of how the amount of the 'charge' was arrived at. I am aware from court rulings and previous POPLA adjudications that the cost of running the business may not be included in these pre-estimate losses.

The amount charged is not based upon any genuine pre-estimate of loss to the company or the landowner.

According to the Unfair Consumer Contract Regulations, parking charges on private land must not exceed the cost to the landowner during the period the motorist is parked there. In this case, the £40 charge being asked for far exceeds the cost to the landowner. The invoice slapped on my dashboard detailing the cost of this penalty must reflect the damages suffered by the company issuing it and it is my opinion that to have such excessive charges for a few hours parking is unfair.

Furthermore, I require that the XXXXXX Parking show POPLA proof that they have the right to charge and pursue motorists before they have the time to complete and exhaust the process of appeals. I understand that I have 28 days from appeal rejection date to further appeal. Napier contacted me twice since loss of my initial appeal to them, once by letter dated 01/09/2014 and again Monday 8th September via text messaging on my mobile phone regarding this penalty charge which under this harassment and intimidation has stressed me out further and has a detrimental effect on my disability. I shall be writing to BPA regarding this harassment.

I do not see how I would put myself in such a position deliberately. I am a registered disabled law abiding driver and have been for over 20 years and always follow the rules in terms of parking regulations for blue badge holders and any costs incurred whether I am the driver or passenger. There was never an intent to avoid payment should clear instructions had been observed at the time. This was a genuine misunderstanding and I feel very disheartened that my initial appeal was rejected.

I respectfully request POPLA assessor to consider my points and order Nxxxxs Parking invoice be cancelled.

TheFlamingRed

A couple of things I can see from a quick scan.

1: Headings are not clear. You should number them, bold them and add a paragraph at the top as a quick summary.

2: Use the higher fee and claim that is not a GPEOL, not the discounted fee for paying early. Once you are on the other side of POPLA, that lower fee will not exist. I also think you can argue more on GPEOL but I will let someone more experienced make comments on that.

Coupon-mad

4consumerrights wrote: »

Whilst I am not sure of the semantics of this case - due to a lot of editing

if Classylady appealed a windscreen ticket and received a POPLA code then no notice to keeper would arrive.

That's good - their bad!! And they're bad too!!

classylady2010 wrote: »

Ok got my POPLA appeal together. I want to send photographic evidence submitted by parking company in their letter of rejection. I am unable to cut and paste it (tried to no avail) so is it best just to print he correspondence from parking company and post to POPLA. Or can someone help me with this so can send online.

I will work on a bit of a re-write for classylady2010, as this is making her ill. I will post again here at the weekend as I am a little busy for a couple of days and need time to do this for you. Also I don't recommend you send the appeal until just before the deadline anyway.

Classylady2010 give me a while to reply again here. No rush as I don't want you to appeal too soon! Timing is important in this case. When you do submit the appeal you can just refer to 'the photos in the rejection letter' (you don't have to attach them as evidence for POPLA, because the PPC has to).

classylady2010

Thank you CM Just going back to this website is making physically ill. Not because of the website but the nature of the reason why I keep referring back to it.

Coupon-mad

I have sent you a pm asking a couple of quick questions and would like to email you the appeal, if you can reply to my questions and include an email address for me. It's a long POPLA appeal so you may have to email it to POPLA or put a brief synopsis in the POPLA online appeals box and attach the actual full appeal as a PDF.