Napier FCN

KUPPI

Hello there. So I received a FCN through the post from Napier asking for £90

As the evidence they have sent me 2 pictures, one of back of car, another one of ticket on the dashboard.

I have checked that sign yesterday, and it really doesnt even say that there will be 90 quid charge for somebody for leaving the site.

hxxp://s1160.photobucket.com/user/Sabre699/media/IMAG2985_zpsqr1e581m.jpg.html?sort=3&o=3

Please help with any sort of advice. What should i do next, what should be my first step?

Many thanks.

The_Slithy_Tove

KUPPI wrote: »

Also ive checked that sign yesterday, and it really doesnt even say that ill be charged 90 quid for leaving the site.
http://s1160.photobucket.com/user/Sabre699/media/IMAG2985_zpsqr1e581m.jpg.html?sort=3&o=3

Good point. While they may blather on about proceeding directly to the store, etc. etc., it doesn't mention any sanction for not doing so. The causes for issuing a charge do not include leaving the site.

Edit: [STRIKE]Use the standard appeal from the NEWBIES thread in order to get a POPLA code. Save the details of the inadequate signage for POPLA.[/STRIKE] Napier are IPC now.

At the end of the day, we've only ever see one case of "leaving site" go to court, and the PPC only just got away with not being banged up themselves for contempt (look up VCS v Ibbotson).

Edit: see also this thread, which is pretty similar in circumstances: https://forums.moneysavingexpert.com/discussion/5607383

The_Deep

Leaving site claims are almost impossible for PPCs to win at SCC. They have to show that they made every attempt to mitigate their losses by informing the motorist that leaving the site could be a breach of contract. Also, leaving the site may have been allowed in the original planning permissions.

The appellant should demand that the Parking Weasel attends court so that he/she can be cross-examined. A witness statement by said PW will not cut it, and you shpold ask the Judge to declare that it is inadmissable.

KUPPI

Thanks for your replies with really useful info guys. Sorry couldnt post here sooner, was at work, my first overtime in like 2.5 years on sunday, since i was really scared that ill need to pay those FCNs even tho i havent done anything wrong. ;[
Can somebody please advise me what should i do, should i appeal on their site, and if so, what should i write in there? Or should i just ignore them since there is nothing they can really do, or they can ?
Thanks in advance, KUPPI.

Fruitcake

KUPPI wrote: »

Thanks for your replies with really useful info guys. Sorry couldnt post here sooner, was at work, my first overtime in like 2.5 years on sunday, since i was really scared that ill need to pay those FCNs even tho i havent done anything wrong. ;[
Can somebody please advise me what should i do, should i appeal on their site, and if so, what should i write in there? Or should i just ignore them since there is nothing they can really do, or they can ?
Thanks in advance, KUPPI.

You appeal using the IPC template from the NEWBIES thread, adding carefully, without revealing the driver's identity, that there is nothing on the signs that say an occupant of a car will be required to pay anything for leaving the site.

Send it by whatever method it tells you to use on their PCN/NTK.

You should also edit your initial post to remove information about who did what. Only ever refer to The Driver and The Keeper, who are two different people as far as anyone is concerned.

KUPPI

Thank you very much indeed, Fruitcake.
Will keep you guys informed on whats going on.

KUPPI

Edit: [STRIKE]Use the standard appeal from the NEWBIES thread in order to get a POPLA code. Save the details of the inadequate signage for POPLA.[/STRIKE] Napier are IPC now.

Are they really IPC. Just want to make sure, cos i just googled it, and found one website where it says they are BPA. Just want to double check with u guys, cos dont want to make any mistakes.

hxxp://parkingfine-appeals.co.uk/company-search/

And could you please explain me what is the difference between BPA and IPC, and what can really happen if ill copy paste the wrong template ?

Thanks in advance, KUPPI.

Fruitcake

KUPPI wrote: »

Edit: [STRIKE]Use the standard appeal from the NEWBIES thread in order to get a POPLA code. Save the details of the inadequate signage for POPLA.[/STRIKE] Napier are IPC now.

Are they really IPC. Just want to make sure, cos i just googled it, and found one website where it says they are BPA. Just want to double check with u guys, cos dont want to make any mistakes.

hxxp://parkingfine-appeals.co.uk/company-search/

And could you please explain me what is the difference between BPA and IPC, and what can really happen if ill copy paste the wrong template ?

Thanks in advance, KUPPI.

They are most definitely members of the IPC Accredited Operator Scheme.

https://theipc.info/aos-members/n

There are two trade associations. Membership of one or the other allows them to get keeper details from the DVLA.

The BPA have a fairly independent appeals system, and usually finds for the motorist if the member does not follow "the rules."
The IPC uses a kangaroo court where you are virtually guaranteed to fail a second stage appeal. This is why in most case (in my opinion) it is only doing the first stage appeal with an IPC member, which is what you will be doing.

There are two appeal templates. One tells you it is for BPA members, and is in blue text. The one you want says it is for IPC members, and is in black text. The BPA template is not relevant to an IPC operator and will get you an immediate rejection.

The IPC template it to start a dialogue and show that you have been reasonable should it get to court.

KUPPI

Sorry, i just have a lot of question in my head and cant get them out all in one post.

do i need to appeal within first 14 days, or within 28 days, or on 26th day asi have read. Or it doesnt really matter ?

Thanks in advance, KUPPI.

Coupon-mad

Doesn't really matter because Napier will decline it and anyway, where does the NEWBIES thread say that you have to delay an appeal to a postal PCN? It doesn't. That's a tactic for windscreen tickets.

Far, far more important is that you close the door (although the horse has bolted...) and EDIT OUT all reference in this thread about who flipping well parked the car!!!!!

KUPPI

Hello, everyone. So, im back with rejected appeal from napier.
Basically they are saying that they have reviewed case together with comments and evidence they have (which are couple of pictures of vehicle) but their records show that the notice been issued correctly and they are not going to cancel it.
So they are waiting a payment of 50 quid within 14 days, if not then its 90 quid. And if its not paid then they intend to issue a court claim should i as a keeper fail to settle this matter.

Guys, i need your help. What should be next step? Should i reply them that they do not have any evidence that shows that driver havent been in store and has left the site. And should i send them back the picture of sign which they also send me as a proof and saying that the sign is extremely clear, even tho sign doesnt say that 90 quid charge may be issued if driver leaves the site.
hxxp://s1160.photobucket.com/user/Sabre699/media/IMAG2985_zpsqr1e581m.jpg.html?sort=3&o=3

as an appeal i used template from this site which is for IPC members.
they havent really answered the question - 1. Who is the party that contracted with your company and are they the landowner?

Please help. Thank you in advance.