Napier fixed charge notice

Sabre69

Hi all
Hope it's OK to post on here but I have read the newbies thread a day too late now and need help on what to do next.

2 weeks ago today I parked at my local B&M store as I wanted a couple of items. I got a free 1 hour ticket that said B&M customers only and put it on my dashboard. I could see a parking attendant had his eyes on me but thought nothing of it and went into the store. After a couple or so minutes I realised I might need quite a number of items so left via the entrance to find a trolley. I saw the attendant near my car across the car park and again thought nothing of it. I went out of sight to around the corner of the store where there is a trolley shelter, I was surprised to see there were no trollies in there, just one trolley on its own against the outside perimeter of the trolley shelter. As I was almost up to it I decided to take it but then noticed it wasn't a B&M trolley so decided against taking it. At this instance I noticed my son walking into town and shouted him as he should've been in college. We chatted for about 5 mins and I then went across the car park to find a B&M trolley which I got and proceeded into the store. I spent well over 35 minutes in there, bought nearly £13 worth of shopping and left 10 minutes before my ticket was up.
Last week I received a FCN through the post from Napier asking for £90 as I left the site. I went through their appeals process yesterday and told them that as I only went around the corner looking for a trolley that I did not believe I left the site. I also sent receipt from store and asked them to check B&M cctv. I also asked if they had proof I left the site.
Today I received an email back saying my appeal has been rejected along with a photo of a woman walking around the side of the building around that time.
For one it is a very blurry picture of the back of a woman and another even though it was pretty much in the same spot where I was walking up to the trolley I'm almost certain it isn't even me on the photo. I know that sounds daft but even though the photo is quite blurry It doesn't look like any coat I own or boots even. Also I can't even see how, if that was me, that he could've even got there that quick to take a pic even if he ran That's why I really do think it's someone else.
What should I do now? Do I appeal to IAS, do I reply to Napier and say that isn't even me see you in court or do I just ignore everything?
I have rang B&M and asked if I can use their CCTV if it goes to court to prove I was in there shopping but they said they can't as it's data protection. Does this also mean Napier can't prove what I was wearing and that it wasn't me?
I emailed B&M head office and they said they can't help. Also the manager of my local store said she's almost 100% certain that Tesco actually own the car park, even though there isn't one nearby.
What is the chances of either IAS or a judge siding with me? I know I can pay the alternative of £50 if paid within 14 days but I don't see why I should. I don't have the money to spare and I believe looking for a trolley that was leant against the outside fence of their trolley shelter isn't exactly leaving the site.
Any help would be truly appreciated as I've not stopped crying with worry for days. Thanks.

Guys_Dad

You need a boundary map of the car park. By admitting you left and went round the corner, then even if it is not you in the photo, it doesn't matter - you have admitted it.

The trolley shelter round the corner - does it have any markings on it that indicate B&M trolleys can use it? And have you been back to see if you can get a photo of the trolley shelter with B&M trolleys there?

What date did the incident happen and what was the date on the NtK?

What do the signs say re leaving the site?

Are there the same signs round the corner?

If you want help, please answer the questions

Sabre69

Thanks for your quick reply. It happened 2 weeks ago. I didn't admit to leaving the site as I was at the trolley shelter which is attached to the store and therefore don't believe I did leave the site. I thought it was weird that there were no replies in there as that's where I had got my trollies from in the past, but going back to the site again since I think they probably don't keep trollies there now even though they certainly did last time I went there.
The signs do say once leave site then ticket is invalid but like I said I believe the trolley shelter attached to the store isn't leaving the site. Can't believe I'm getting penalised for just going into a bargain shop trying to save pennies.
I don't know where their boundaries are sorry.

Redx

the LAND REGISTRY will know where the boundaries are (for a small fee)

you willl be Wasting your time with the IAS

n@pier have 6 YEARS to try a court case, WHICH THEY MAY WELL DO, then only a judge can decide

THERE ARE NO EASY ANSWERS UNFORTUNATELY

and the store are correct about CCTV , IT IS SUBJECT TO DATA PROTECTION , assuming they still have it

Sabre69

Thanks. That's a shame about the CCTV, does that also mean that Napier can't use the cctv either?

Redx

NAPIER wont be using or obtaining CCTV , neither will you

CCTV is not relevant here (even though it might have proved your story)

if this goes to court, cctv will not feature at all

Coupon-mad

What is the chances of either IAS or a judge siding with me?

The IAS, no.

A Judge, yes, a good chance.

Guys_Dad

Sabre69 wrote: »

Thanks for your quick reply. It happened 2 weeks ago. I didn't admit to leaving the site as I was at the trolley shelter which is attached to the store and therefore don't believe I did leave the site. I thought it was weird that there were no replies in there as that's where I had got my trollies from in the past, but going back to the site again since I think they probably don't keep trollies there now even though they certainly did last time I went there.
The signs do say once leave site then ticket is invalid but like I said I believe the trolley shelter attached to the store isn't leaving the site. Can't believe I'm getting penalised for just going into a bargain shop trying to save pennies.
I don't know where their boundaries are sorry.

I asked
What date did the incident happen and what was the date on the NtK?

What do the signs say re leaving the site?

Are there the same signs round the corner?


If you want help, please answer the questions

Sabre69

Hi
Sorry I forgot some of the questions. Happened on 9 Feb. Notice sent 14 Feb. No signs around corner of building. Can't attach photo of sign as don't know how to but basically says that once got ticket proceed to store and if you or any passenger leaves the ticket is invalid.

Redx

photos are uploaded to a hosting site like tinypic or photobucket

then copy and paste the url into your reply , changing http to hxxp before submitting it

Sabre69

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