Napier "Fixed Charge Notice"

timtomtam

Hi,

I received a "Fixed Charge Notice" recently from Napier Parking for "Failure to display a valid pay and display ticket" at one of their Willen Lake car parks. They have just rejected my initial appeal and so was thinking about submitting a POPLA appeal, but have read on these forums that Napier are not as straight forward as some other companies with regard to a POPLA appeal.

Do you think it is worth submitting a POPLA appeal or would it be less hassle to pay the charge?

Thank you!

Marktheshark

Do you mean a "parking charge notice"

timtomtam

I'm not sure what to officially call it, but the paper attached to the windscreen literally says "FIXED CHARGE NOTICE".

Edit: Says on their website "Napier Parking Ltd issues a Fixed Charge Notice (commonly called a Parking Charge Notice) to vehicles that fail to comply with the Terms and Conditions of Parking in a car park.", so yes you're right it seems that it is a "Parking Charge Notice".

bod1467

They are using that wording to be deliberately confusing and obtuse, expecting people to be mislead into thinking it is a Fixed Penalty Notice and so having more authority than a simple invoice.

The_Deep

Read this

https://forums.moneysavingexpert.com/discussion/5054056

and do a forum search, there are plenty more. Be warned, you have chosen the wrong marine, Mr de Savary does not like bilkers

Coupon-mad

I would try a POPLA appeal but it may well lose unless you are really clear about the issues and the fact they include the POPLA fee and a £2000 legal invoice in their GPEOL as an artificial way to make the figures add up, yet legal cases are too remote to factor in and the £2000 invoice has never been explained or broken down (it's far too convenient & ridiculous that POPLA have swallowed it sometimes). It's discussed on other threads, difficult to win compared to some but can be done - one I wrote was refused then another similar one was accepted by POPLA!

Guys_Dad

I live in MK. Got to say that their notices are many and pretty clear.

What will they do? No one can be sure but they have taken it to court and won see http://www.napierparking.co.uk/assets/Uploads/PDF/Yau-Judgement.pdf

The_Deep

Best to put up a good appeal, if you lose consider paying Napier, you would have a mountain to climb if you went to court

http://www.napierparking.co.uk/assets/Uploads/PDF/Court-judgements/Napier-V-Lander-SUMMARY.pdf

http://www.debtrecoveryplus.co.uk/cms/uploads/judgement.pdf

Jo_Poweredbychocolate

I have to say I had a n59pi3r penatly notice just before christmas, for failure to display ticket

( i purchased ticket, put it on dashboard ) several people used my car during the day and one person moved it for me ( we were storing baggage in there ) and ticket moved down dashboard so couldn't be seen

I ended up paying reduced fine after reading everything on here as it seemed to point I'd only lose with these vultures and I really didn't want to pay any more than I had to

was gutted as I'd purposely bought my ticket as I'd been warned they were hot :-(

bod1467

In your case you paid. If you still had the P&D receipt then you could have used that as evidence that there was no loss, therefore there could be no additional losses flowing from the alleged contravention.

OP doesn't say whether or not they bought a P&D ticket.

peter_the_piper

Jo_Poweredbychocolate wrote: »

I have to say I had a n59pi3r penatly notice just before christmas, for failure to display ticket

( i purchased ticket, put it on dashboard ) several people used my car during the day and one person moved it for me ( we were storing baggage in there ) and ticket moved down dashboard so couldn't be seen

I ended up paying reduced fine after reading everything on here as it seemed to point I'd only lose with these vultures and I really didn't want to pay any more than I had to

was gutted as I'd purposely bought my ticket as I'd been warned they were hot :-(

Why on earth did you not ASK on here before donating money to their beer fund? Very few lose at POPLA when they have help from here.