Napier Denied Appeal

moneysaver223344

Napier Denied Appeal

Unsurprisingly Napier have decided to deny my recent appeal against a Fixed Charge Notice relating to an incident in a previous post.

Simply put, the driver had a valid Pay and Display ticket however did not display it correctly. Having been given advice on the forum I appealed to Napier with the following letter:

Re PCN number: xxxxx
VRN: xxxx
Make:xxxx
Model:xxxx
Colour: xxxx

Responding as: Keeper

Dear Sir / Madam

The driver purchased the pay and display ticket before the PCN was issued, therefore they would appear not to have breached any contract which may have been formed. <Proof of pay and display ticket attached>

We believe there to be no breach of contract, the parking tariff was paid within the period the driver was apparently being observed.

We find the pay and display tickets used at xxxx car park to be non-adhesive. We believe any subsequent failure to display a valid ticket to be the fault of the parking operator for failing to provide tickets that are fit for purpose.

I have kept proof of submission of this appeal and look forward to your reply.

Kind regards
Xxx xxx

I have now been offered a POPLA appeal and have been given my verification code to do so. My letter also mentions “By law we are also required to inform you that Ombudsman Services provides an alternative dispute resolution service that would be competent to deal with your appeal.”

Unless anyone thinks otherwise I will proceed with POPLA. The advice on Newbies thread is very clear, use the template and ensure you respond as Keeper.

I am unsure about using the normal template as it has the ussual bits about signs being unseen or ambiguious, as the vechile is pictured right next to a massive sign at time of offence.

Shall I go to POPLA with similar letter as I posted above or is template recommended for results?

The_Deep

Why have you started another thread on this matter?

Quentin

moneysaver223344 wrote: »

Unsurprisingly Napier have decided to deny my recent appeal against a Fixed Charge Notice relating to an incident in a previous post.

http://forums.moneysavingexpert.com/showthread.php?p=70319691#post70319691

Ask a board guide to merge your 2 threads into one

Redx

moneysaver223344 wrote: »

Napier Denied Appeal

Unsurprisingly Napier have decided to deny my recent appeal against a Fixed Charge Notice relating to an incident in a previous post.

Simply put, the driver had a valid Pay and Display ticket however did not display it correctly. Having been given advice on the forum I appealed to Napier with the following letter:

I have now been offered a POPLA appeal and have been given my verification code to do so. My letter also mentions “By law we are also required to inform you that Ombudsman Services provides an alternative dispute resolution service that would be competent to deal with your appeal.”

Unless anyone thinks otherwise I will proceed with POPLA. The advice on Newbies thread is very clear, use the template and ensure you respond as Keeper.

I am unsure about using the normal template as it has the ussual bits about signs being unseen or ambiguious, as the vechile is pictured right next to a massive sign at time of offence.

Shall I go to POPLA with similar letter as I posted above or is template recommended for results?

apart from sticking to your old thread, with the bit highlighted in BLUE you clearly have not studied the NEWBIES sticky thread

the TEMPLATE from the keeper is for the PPC , in your case Napier, it is NOT intended for popla and nothing tells you that it is intended for popla

using that template above will result in a fail at popla, I guarantee it

there are no POPLA templates, each popla appeal is bespoke , so you definitely will not find a popla template

so you would not use either of those options, not the keeper appeal and not a template

you draft your own popla appeal

if you had studied the NEWBIES sticky thread you would have read post #3 , which deals with popla, and links examples of appeals drafted by other members , you would use these as guidance in helping you to draft your own bespoke popla appeal

you will find it hard to win your case, maybe not impossible, but definitely hard, because Napier are one of the few PPC,s that seem to know what they are doing , probably own the land, will have a contract, the signs "may" follow BPA guidelines , and it would appear you failed to obey the rules

so not sure why you decided to appeal and not pay up ?

if the reason for this is that you have a good idea on what will win your case at popla , fine , draft it up and enlighten us please

by all means use the usual legal arguments for your popla appeal , but its going to have to be exceptional to beat Napier

good luck, and do a lot more reading and research, much more than you have done so far anyway (because you dont appear to have read post #3 at all)

and as suggested above, pm crabman and ask him to merge your threads, for continuity, dont start new threads unless its a different matter or different incident

I am amazed they gave you a popla code, unless the incident happened before 01 march 2016 ? (when they moved to the IPC) , the advice I gave in the previous thread was because I believed this was an IPC and IAS case , not a BPA or POPLA case