Nap**r parking fixed charge notice

dgwave73

Firstly, thanks for the wealth of info and expertise on this forum. However, even having read the Newbie threads and lots of other related info, I seem to be going round in circles somewhat and am beginning to get a bit blown away by the legal aspects of all this.
I have had a fixed charge notice from Nap**r from a P&D car park in my local town. I have found the draft appeal letter from post 2 of the newbie thread but am a bit concerned that some of the points contained within may now be out of date? (such as the keeper/driver issue now being irrelevant?) The post also says to use the template UNLESS your notice is from Nap**r - what is the alternative?
Is there a link to a more current appeal letter or will the newbie one suffice still?
Napier sound more switched on legally having read some of the recent case reviews or is that the case for most of these companies now.? They are within timescales (8days to service of Notice) and mention creditors etc so seems quite tight?

One point I would like to clarify is that they have the observed time on my notice as 22 seconds! The vehicle was left to go and get change for no more than 3 or 4 minutes, yet has incurred the charge. I think they must have watched the driver walk past the payment machine and pounced. Is the short time mitigation or grounds for challenge?
:mad:

Many thanks

dgwave73

Also, the date of the notice was 8th May - I was abroad when it arrived until the 23rd so need to get an appeal in within 28 days of the 8th May yes? Only 8 days to get a reply in....

Captain_Krunch

I would keep it short and sweet.
The driver entered the car park, had a look at the signs. The driver decided not to enter into a contract with Napier and exited the car park after 4 minutes. No contract was entered into. You want a code for popla .
Napier might be one of those companies that goes straight to debt collectors so the advice might be to appeal sooner .read the newbies sticky its probably there but Im off to bed now.

dgwave73

Hello!! Anyone there?
The Newbie Sticky is great but right at the top it mentions using an appeal template UNLESS your notice is from one of several companies, including Napier. What is the alternative? need to get my reply in within 7 days. Thanks

Captain_Krunch

Captain_Krunch wrote: »

I would keep it short and sweet.
The driver entered the car park, had a look at the signs. The driver decided not to enter into a contract with Napier and exited the car park after 4 minutes. No contract was entered into. You want a code for popla .
Napier might be one of those companies that goes straight to debt collectors so the advice might be to appeal sooner .read the newbies sticky its probably there but Im off to bed now.

What I said here. Draft a letter and post it up here if you want to before sending it.

Umkomaas

They have a reputation of being 'difficult' to deal with. But the reality of the situation is this - you need to go through the appeals procedure, initial (inevitable rejection), get POPLA code - submit forum-checked appeal to POPLA. If you win at POPLA - game over for the PPC; if you lose at POPLA the decision is not binding on you.

There's no silver bullet to getting you off this charge, you need to follow due process and see where that gets you. Contrary to a 'general understanding' the PPC is not litigious - depending on which of the two links you read (below), they either issued no small court claims last year, or just 2. (ParkingEye in contrast issued 30,000).

http://parking-prankster.blogspot.co.uk/2015/03/court-cases-2014-2014.html#comment-form

http://crtcases.appas.org.uk/htdocs/court_tabular.php

Use the initial appeal from the sticky - leave out the 'rant' paragraph (it's old hat now). Just add a final paragraph about the driver being only there for 4 minutes; be sure never to reveal who was driving, so no 'me, myself or I' in any correspondence.

You need to amend your posts so far in this thread (the PPC reads these) to remove anything that suggests who might have been driving.