PCN from N@pier

oddjobly

Hi i have become a little lost i got a PCN from N@pier in Waterlooville Central Car Park on 27/11/2015 initially i ignored till i recieved Notice to Keeper, i appealed using the template provided by this forum and have now recieved paperwork saying they refused my appeal.
They sent the popla paperwork but also sent copies of a case that apparently went to Portsmouth County Court in which the "Apellant" ended up with a £826 fine?
The thing is i recieved the PCN originally for "transferring a Ticket from another vehicle" this did not happen and the ticket was clearly displayed on my dashboard which made the whole thing absurd i am not sure which road to turn at the moment and need some help so i follow the right path! please someone help?

Redx

not sure what help you think you need

you get a pcn

you appeal to popla

if its refused by popla then you either pay of N*P take you to court , the choice is yours but if you have a good case and the original ticket with your VRN on it then you may well win in court (popla dont accept mitigation like correct tickets), so you will need to use other appeal points listed in POST #3 of the newbies sticky thread

bear in mind it will be an uphill struggle against them as it always is

I assume you have a popla code ?

oddjobly

yes have popla code,dont have ticket with VRM these are still old style just have to buy a ticket with time on no VRM, i did think it was black and white i just thought that the forum was here to help make sure it didnt get to court stage, didnt realise it was more russian roulette!

Redx

this company are one of the hardest to beat, so yes its more like russian roulette, you arent up against numptys here and you should not underestimate them like the fool that had to pay that bill they sent you copies of !

its real, not a game

they allege you received a transferred ticket, you say not, you cannot prove it either way, you have no ticket any more ? , you have no evidence to prove your "story" , you are not a legal eagle - they are

presumably you tried this defence on them in your appeal, they turned down your appeal, so they dont believe it and have told you so

by all means try and win at popla using the examples listed in the blue words link from the newbies thread, so maybe not a gpeol (unless its a contract) , bad signage etc

maybe see if the PPA will take it on over at prankster or cowboys ? (this will cost you)

no I have no ties with PPA and I have never used them, just giving you free advice only

I have helped win cases at popla against several companies , not sure I would wish to take this mob on though , especially if they think they have evidence of what they allege

sounds like its your word against theirs , with them holding all the cards and knowing the law and prepared to go to court and to win

so yes, I agree, russian roulette , with them loading the bullets and spinning the mag whilst you are blindfolded

oddjobly

ha funny enough i kept the ticket which i had clearly displayed but they are saying they fined me for transferring the ticket, ie accepting a ticket from another driver as they had only been five mins,and had paid for the full time! from what i am reading these guys seem to cotton on to all the tricks obviously by secreting themselves neatly into the forum, "hi Nappy employees!"

Cygnus_Alpha

oddjobly wrote: »

ha funny enough i kept the ticket which i had clearly displayed but they are saying they fined me for transferring the ticket, ie accepting a ticket from another driver as they had only been five mins,and had paid for the full time! from what i am reading these guys seem to cotton on to all the tricks obviously by secreting themselves neatly into the forum, "hi Nappy employees!"

So how did they know it was transferred? Did they see it happen or have cameras???

Redx

either it did happen, or it didnt

without VRN verification on this ticket (like employed by many parking companies) its your word against theirs, but none of that is likely to matter at popla

I would think most or all of the parking companies read these forums , hence the warnings in the newbies sticky thread

yet many members post as if its a closed forum and start saying I parked here blah blah , as if big brother wasnt watching and as per a private conversation

Cygnus_Alpha

Redx wrote: »

this company are one of the hardest to beat, so yes its more like russian roulette, you arent up against numptys here and you should not underestimate them like the fool that had to pay that bill they sent you copies of !

I have just read about this judgement which is from about a year ago.

I have no knowledge of this PPC but the defendant really did himself no favours. Firstly he seemed to admit to the breach of contract at the beginning of the case at which point his defence and counterclaim fell away.

Costs can only be awarded if one of the parties behaves unreasonably and the defendant opened himself up to this by defending a claim and then admitting to it.

The PPC also turned up in person to testify which always helps.