Napier Fixed Charge Notice

tl00

Hi Gurus of parking tickets,

I received a Napier Fixed Charge Notice today in NW London, in a middle of a block of new builds. I was visiting a friend who recently moved into one of the new builds, he gave me a parking permit but didn't know that it was only for the underground car park and not for the parking spaces outside the shops.

I've trawled through the newbies thread and apologise if I've missed something, but I understood the instruction to be: Post a new thread if the PCN is Napier as the templates won't be sufficient.

I'm also going abroad later this week for a couple of months, I hope this won't pose an issue to the appeal and if I receive letters or notices from Napier.

I posted this as soon as possible, can anyone advice me on how to proceed and whether I need to take pictures of the notice etc.

Appreciate any assistance, let me know if I need to provide anymore information.

Thank you.

Umkomaas

You need to get all your ducks in a row to beat these at POPLA. You need to do plenty of research and get your head around things better than if you were dealing with a general run of the mill PPC.

If you're going to be away, will you have the time for all this? Do you have arrangements in place for post to be dealt with/passed on to you? It seems you're going to be on the back foot, when you really need to be on the front foot with this lot.

If you've only just had a windscreen ticket, it will take between 29 and 56 days for the NtK to arrive. It's at that point you need to be getting on with this. It looks like you'll still be abroad? I'm presuming in this regard that you are the Registered Keeper?

There's no easy answer for you, even if you were not going abroad, other than get stuck in to plenty of research (use the forum search box to pull up other previous threads about this lot and read how others have dealt with them) and decide how you want to play this.

Napier do issue court papers (but tend to be selective around parking lots that they own) so if you get any court papers you must deal with them.

The British Motorists Protection Association provide a short appraisal of each of the PPCs - and include yours. They suggest ignoring them, but retain all the paperwork and see what develops. If you are to be away for such a long time you might want to consider this option. It's the 'easy' option at first glance (but not the one forum regulars here generally recommend); it may work, but it may bite you. As long as you don't get to the point where they issue court papers and you ignore these, then find yourself with a potentially life-ruining CCJ against your name, it's a possibility.

This is what the BMPA say:

http://www.bmpa.eu/companydata/Napier_Parking.html

So you have a decision to make.

The_Deep

Is the development one of these?


http://desavary.com/developments

tl00

Hi both,

Thank you for your response. Since I posted that last night, they managed to slap me with another one. I was parked in the Private car park with a resident's permit, the resident permits have been invalidated since February, but the tenant was not informed of this when he moved in 3 weeks ago (leasor / property mgmt's fault). I thought it was just the parking pay, so moved it down to an underground car park and found myself with another one the next morning. Turns out you register the registration number at the mgmt office.

I'm flying on Sunday, so am doing anything and everything I can today to get the landowners to cancel them both. It's not a De Savary development, and I'm hoping that works to my advantage, would anyone have any insight on how to write to the landowners, the mgmt office has told me who they are and I've emailed them explaining the situation (not sure if this is helpful).

Thanks!

The_Deep

It's not a De Savary development, and I'm hoping that works to my advantage,


If you dig deep enough I expect you will find a connection, the de Savarys have fingers in many pies.

Coupon-mad

Napier are very hard to beat at POPLA and read forums so remove anything about who parked the car. The keeper needs to appeal without saying who was driving.

I think the Aziz test {Aziz v Caixa d’Estalvis de Catalunya, Tarragona I Manresa [2013] 3 CMLR 5} is vital as part of your arguments as keeper that the driver would never have agreed to pay Napier this extortionate sum had the terms been fairly negotiated in advance with a blank sheet of paper.

http://www.parking-prankster.com/case-law.html

Search this document for the word Aziz to find a brief explanation:

http://www.palgrave.com/resources/sample-chapters/9781137475794_sample.pdf

I use the Aziz test in every POPLA appeal now. But in the first instance, just send Napier the usual template first appeal from the Newbies thread around day 25 (not late). And start working on your POPLA appeal without delay because Napier won't back down.

tl00

Thank you everyone for your insight and support.

The landowner rescinded both charges.

Thanks!

Coupon-mad

tl00 wrote: »

Thank you everyone for your insight and support.

The landowner rescinded both charges.

Thanks!

Hahahaha, you stuffed the De Savary attempt to fleece you then, well done!

:T:D

The_Deep

I suspect that PDS may well be the landowner.

bod1467

PDS = Peter De Savary?