Hi, help required!

Flat930

Hi there, I've just received a mail from Napier parking stating that apparently I failed to pay a Fixed Charge Notice (although I'm the registered owner I was not the driver) at Jenger's Mead car park in Billingshurst, West Sussex. A ticket was purchased but, although the letter has photos of the car with the note attached, the penalty note wasn't there on returning to the car.

Reason for Issue was - failure to display a valid pay and display ticket

Can I (should I) ask them for a copy of the FCN? I've no evidence that this is valid and unfortunately the display ticket has long since gone (Issue date 28/8/2014 @ 13:56).

Seemingly because there's an 'ignored' FCN then I'm now being asked to pay the 'full charge' of £90.

What are my rights, have read a few threads but rules seems to change and circumstances of the parking companies do too?

Any help gratefully received!

cheers

Fruitcake

You need to start by reading the Sticky thread for NEWBIES. This has all the information you need including late appeals.


Complaints are to the BPA are in order by the sound of it since you never received the windscreen ticket. PPCs are known to remove this after taking photos, allegedly.


Treat the letter as an NTK and appeal using the template in the NEWBIES thread. Was the word "penalty" really used because that is unlawful? It is not a penalty or a fine, it is a speculative invoice.


Dates of the letter will be useful as will a scan and upload so the experts here can see it. Upload to tinypic or photobucket then paste the URL in another post on this thread but change the http to hxxp as newbies can't post links. One of us will then convert the link so it will work for everyone to see. Make sure you cover up personal info and the PCN number.


Do not pay, do not ignore, do not reveal who was driving.

Flat930

Many thanks, will do. the NTK arrived dated the 4th December for the 'offence' of the 28/8. I assume this means it's well outside of the 56 days stated in the thread (or is this a working days timeframe?).

Cheers

Redx

57 days or over means POFA 2012 doesnt apply

therefore they should chase the driver, who you refuse to name

the RK should send the template letter, adding that POFA 2012 no longer applies and they should cancel the speculative invoice

edit post #1 so it doesnt incriminate anybody (they read the forums)

Coupon-mad

Flat930 wrote: »

Many thanks, will do. the NTK arrived dated the 4th December for the 'offence' of the 28/8. I assume this means it's well outside of the 56 days stated in the thread (or is this a working days timeframe?).

Cheers

The Newbies thread covers that - I mention there that a PPC doesn't 'have to' use the POFA. Just means it's a non-POFA NTK (doesn't render it unenforceable). So the usual appeal approach applies which is why the NEWBIES thread is there at the top so we don't have endless threads we can't keep up with/can't answer in time, who all basically just need to read the top thread.

Flat930

Thanks, did read the thread but obviously not thoroughly enough. Unfortunately there's an awful lot of information there for people who do this as a one off and I was trying to clarify what is pertinet and what isn't!

many thanks for all of your help though, fingers crossed...

Cheers

Guys_Dad

http://i68.photobucket.com/albums/i4...0/IMAG0048.jpg

http://i68.photobucket.com/albums/i4...0/IMAG0047.jpg

From second, unnecessary thread.

Coupon-mad

Links don't work.

Guys_Dad

Coupon-mad wrote: »

Links don't work.

Try these
http://s68.photobucket.com/user/flat930/media/IMAG0048.jpg.html
http://s68.photobucket.com/user/flat930/media/IMAG0047.jpg.html

Coupon-mad

Is the letter headed up 'Notice to Keeper' and a 3-sided effort, with a statement on page 2 that Napier is the creditor? If so, then the fact it has arrived so late means there is no keeper liability and you will win on that basis, especially as you can truthfully say you were not the driver.

So send the usual template appeal from the newbies thread and come back for specific help at POPLA stage - where you MUST INCLUDE the fact the NTK is too late for keeper liability.

Flat930

Cheers, it's a two pager, unfortunately I can't seem to upload the photobucket images despite taking off the http:// prefix to the link...

tried scanning the how to's and sticky's but no luck as yet...

Thanks