Appeal failed - next step?

Jeppo

This is an update from a previous post I can't seem to find. I'll be grateful for any useful advice as to what my next move is (or not!). A few summary details about my case:

1. Parked on a PPC, bought ticket, placed on dashboard.
2. On return to car I noticed I was issued with PCN, my ticket had slipped further down the dashboard (gust of wind?) and was not available for inspection.
3. I admitted I was the driver, I appealed to Napier, then appealed to IAS, explaining what had happened.
4. My appeals have been dismissed, I still have my paid ticket as evidence.

Part of the reply I just received from the IAS states:

It is the driver’s responsibility to ensure that a ticket is purchased and that this ticket is correctly displayed in the vehicle. By allowing the vehicle to be parked without a valid ticket properly displayed, even if mitigating circumstances exist, the Appellant became liable to pay a charge. It is clear from the evidence provided that no ticket was properly available for inspection at the time that the PCN was issued. I note the Appellant may have obtained a ticket however this point is largely irrelevant, as the issue here is that the ticket was not correctly displayed.

Whilst having some sympathy with the Appellant, once liability has been established only the Operator has the discretion to vary or cancel the parking charge based on mitigating circumstances. I am satisfied that the Parking Charge Notice has been issued correctly and accordingly this appeal is dismissed.

Interestingly, I received a letter from Napier a few days before the result of my IAS appeal was even known to me, threatening 'notice' of 'intended' court action! Absolute scammers.

At what point do I stop ignoring the letters?

Coupon-mad

Your thread is here, you could have found it by merely clicking on your own username when logged in:

https://forums.moneysavingexpert.com/discussion/5531747

Your appeal was not intended to 'win' - the PPC would never cancel the charge! Why did you appeal to the IAS, that was bound to lose.

At what point do I stop ignoring the letters?

I would respond to a Notice of Intended Court Action (LBCCC) from the parking firm. There are plenty of threads about responding to a LBCCC.

Napier haven't sued in every case recently but in the past they were quite litigious. We've seen them 'sell' some of their PCNs to MIL Collections, who are actually easier to beat in court than Napier.

So reply robustly to the LBCCC and see what happens. Never ignore court papers. Cross your fingers if they arrive, they are from the mess that is 'MIL' not from Napier, but either way you can defend and it doesn't affect your credit rating even if you lose (then pay).

Please ask a Board Guide to merge your threads now. We need this on your other thread, all in one place.

Jeppo

Your appeal was not intended to 'win' - the PPC would never cancel the charge! Why did you appeal to the IAS, that was bound to lose.

I appealed to the IAS because I have read persuasive arguments on this board that it was best to do this, regardless of the outcome.

So reply robustly to the LBCCC and see what happens.

I'll give it a shot, though having read some past threads about Napier, it seems I couldn't have picked a worse PPC to challenge.

Coupon-mad

I appealed to the IAS because I have read persuasive arguments on this board that it was best to do this, regardless of the outcome.

I think just one poster of all the regulars here believes IAS is worth trying - I've never seen 'persuasive arguments' plural from anyone and I firmly believe a loss at IAS puts people on the back foot. Even if just psychologically.

Do be aware that Napier have not featured in court at all recently (they used to rock up in person with some success; not now!):

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

BMPA: ''Our recommendation for this operator: Ignore all but court/solicitor letters but keep paperwork''.

On this forum, we've seen one MIL Collections claim for a 'PCN' they purchased from Napier and one Gladstones claim in progress 'for' Napier is posted here:

https://forums.moneysavingexpert.com/discussion/5514645

That one is not on the BMPA listing for Napier (which shows no court hearings known v Napier for two years, so hardly a worry) because it hasn't gone to a hearing yet. That case and yours well never have a hearing. Gladstones normally muck up somewhere along the line.

So, if you get a MIL letter or Gladstones letter about court, or court papers with either of those names on, you will find it easier to defend than if Napier themselves tried a court claim, IMHO. I would respond to the Napier letter denying liability and see what happens next. If it's MIL or G's then have some fun with it and defend with our help, because both normally end up discontinuing the case where a MSE forum defence has been submitted. MIL and G's claims are among the easiest to write defences for (subtly different in wording but we have lots of examples).

It's not as if it's a huge amount of money at stake, nor is there any risk of a CCJ nor huge added costs, even if you lost. So, same advice as here - complain about the entire rotten industry, including the 'kangaroo court' of the IAS:

https://forums.moneysavingexpert.com/discussion/5543321

That thread shows you why the IAS is considered worthless and it links to our campaign to make sure lots of people seize the day and write to your MP and Mrs May/Mr Corbyn, while the DCLG are considering the private parking industry.

It would be an unmitigated disaster for consumers if the IPC were handed the power to run/ruin/pillage Local Authority car parks, too. Yet that's what they seem to want and seem very cosy with the DCLG:

http://www.theipc.info/local-government-membership

NONONO!

Jeppo

Thanks for this information. The BMPA website has some pretty useful stuff there. I have just sent off a letter of complaint to my MP using some of the info I have been provided with. I'm also just adding some finishing touches to my response to Napier's LBCC and that will be sent off asap.

I have every intention of pursuing this to court if necessary. I don't care if I lose, I'm just mad as hell.

Having mentioned it to my parents and a couple of other people, it's surprising how many people have been bullied by these companies into coughing up large sums of money. And these are genuine cases of well-meaning individuals who didn't see any notices, or who typed in the wrong number, or (like me) had a ticket flip, or move out of sight.

These companies are just symptomatic of the kind of business culture we have allowed to develop in this country: privatisation to the lowest common denominator with no regard for the interests of the public.

Coupon-mad

Jeppo wrote: »

These companies are just symptomatic of the kind of business culture we have allowed to develop in this country: privatisation to the lowest common denominator with no regard for the interests of the public.

Well said.
:T