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Napier Letter

edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
9 replies 726 views
Spanial102Spanial102 Forumite
3 Posts
edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
Hello

I am hoping for some advice on my next plan of action against a parking fine from Napier.

I sent the first appeal letter copied from your Newbies post and it has been rejected, which I assumed it would be. Napier have emailed to say that I can now appeal to IAS which reading your treads seems a waste of time?

My question to you experts is: What do I do now? Appeal to ISA? If so how does this work? Or what?

I am sorry in advance if this has been answered elsewhere and maybe if it has someone can suggest a link to show me the answer as there is so much info here it is difficult to find it!


I attach the reply from Napier below.

Please note that:

No windscreen ticket was attached the vehicle
The photos sent to me showing evidence of the vehicle show only a 6 minuet difference in time from the first image to the last which seems unfair and proves that the parking officer made only 1 visit to the vehicle/car park.

Here is a copy of the letter:

Thank you for your appeal received on **/06/2017 regarding the above detailed Fixed Charge Notice
(FCN). We have reviewed the case and considered the comments that you have made, together with
the evidence that we are holding. Our records show that the notice was correctly issued as your vehicle
was parked in breach of the clearly displayed Terms and Conditions of Parking.
We do not need to know the ID of the driver as we will seek to recover the unpaid charges from you as
the registered keeper once certain conditions are met.
The landowner ************* have assigned us the parking rights. The driver entered
into a contact with us, which was breached as they failed to display a valid ticket.
Photos are enclosed. Our devises are synced electronically and we will provide further evidence of this
to a Court if required.
We reject any charges you attempt to levy against us for whatever reason.
We are therefore unable to cancel the Fixed Charge Notice as it was issued correctly. Your options now
are as follows;
- Pay the Fixed Charge Notice at the rate of £50 by **/07/2017. We must advise you that once this
settlement rate passes it may not be offered again or further extended. If 14 days passes the full
amount of £90 is payable by **/07/2017. Payment options are contained later in this document.
You have now reached the end of our internal appeals procedure.
PLEASE DO NOT PAY THE CHARGE IF YOU WISH TO APPEAL FURTHER. PAYMENTS ARE
ACCEPTED IN FULL AND FINAL SETTLEMENT.
- Make an appeal to the IAS - The Independent Appeals Service provides an
Alternative Dispute Resolution scheme for disputes of this type. As you have complied with our internal
appeals procedure you may use, and we will engage with, the IAS Standard Appeals Service providing
you lodge an appeal to them within 21 days of this rejection.

PLEASE NOTE that if you wish to appeal to the IAS, you will lose the right to pay the charge at the
discounted settlement rate (if a discounted settlement rate has been re-offered), and should your
appeal be rejected by the IAS you will be required to pay the FULL charge.
If you choose to do nothing we will take further action to collect the full charge of £90 via our debt
recovery procedures and may proceed with Court action. We will also seek our additional charges/costs
incurred in collecting the payment.
Yours sincerely,
Enforcement Department
Napier Parking Ltd.
PAYMENT OPTIONS: Payments are accepted in full and final settlement. Please call 0845 452 45 37
and follow the instructions given, payments can also be made online by visiting
napierparking.co.uk OR postal payments to: Napier Parking Ltd, Atterbury Lakes, Fairbourne
Drive, Atterbury, Milton Keynes, MK10 9RG. Please ensure you write your Fixed Charge Notice number
and vehicle registration number clearly on the reverse. Please do not send cash through the post. If you
are using the postal service to send payments we would advise that you send the payment by a
recorded/registered form of mail to ensure delivery.

Replies

  • edited 30 June 2017 at 7:27PM
    Ian011Ian011 Forumite
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    edited 30 June 2017 at 7:27PM
    Spanial102 wrote: »
    PAYMENT OPTIONS: Payments are accepted in full and final settlement. Please call 0845 452 45 37 and follow the instructions given.
    Since 13 June 2014 it has been illegal to offer a premium rate 0845 number for this type of enquiry. This is detailed in Regulation 41 of the Consumer Contracts Regulations 2013, published by BIS.

    Additionally, failure to declare call costs alongside a premium rate 0845 number is a breach of Ofcom regulations in force since 1 July 2015.
  • Coupon-madCoupon-mad Forumite
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    Just ignore them, no IAS.

    Come back at claim stage. Napier have recently used BW Legal for claims, and they are useless!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • RedxRedx Forumite
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    the NEWBIES sticky thread gives you the correct advice for this saga

    and it states that any IAS appeal is a waste of time and could prejudice your "case" due to an unfavourable outcome

    the choices are simple

    pay up in full , or IGNORE

    if you do the latter (which we usually recommend) , then be prepared to defend a court case in the small claims , within 6 years (after the flurry of useless DCA letters) - in which case come back if you receive an LBC or an MCOL within those 6 years

    thats it , in a nutshell - in simple and easy to understand language

    pay , or ignore

    if you choose ignore, prepare for a court case

    there is no "magic bullet" , no easy option - if there was it would be listed in that NEWBIES sticky thread

    this is legalised entrapment , and you have fallen for it
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • ratechaserratechaser Forumite
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    Coupon-mad wrote: »
    Just ignore them, no IAS.

    Come back at claim stage. Napier have recently used BW Legal for claims, and they are useless!

    Which appears to be a rather self defeating change of approach - Napier seemed to have a bit of a fearsome reputation, from previous threads I've read. Sounds like that will fall by the wayside, and even more so if they are leaving themselves open with silly issues like using 0845 numbers...
  • Coupon-madCoupon-mad Forumite
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    Yes you are right, I am guessing Mr De-Savary is tired of the time taken to prepare cases for court, and is making more money by virtue of the fact that so many uninformed victims, or total numpties, pay up when they see an 'official looking letter' from BW Legal.

    Napier used to take their own cases to claims and win. Yet BW Legal are easily beaten, if people know how.

    I bet this is a numbers game, and pays off.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • To all of the above that have given me advice - Thank you. It is reassuring to know I have some help out there against this. I choose to ignore. In fact I did the same with an NCP charge and they eventually just went away - probably easier targets out there.

    Not sure 100% what Redx means by 'this is legalised entrapment , and you have fallen for it"

    Are you saying that with an IPC operator that people should 100% ignore and not even make the 1st appeal? If so then this contradicts the Newbie Thread which has a template.

    I am sure that the 'warden' was hidden somewhere waiting to pounce. 6 minuets is hardly enough time to read the T&C's!
  • The_DeepThe_Deep Forumite
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    You can cause them sdome extra work, and cost them money, by raising the matter of the premium rate numbers in writing with you local Trading Standards Department.

    Also, if you really want to twist the knife, ask you local Council if the car park signs and cameras are legal, have they applied for planning and advertising consents.
    You never know how far you can go until you go too far.
  • Hi Everyone

    I now have a letter from BW Legal telling me that I now owe £150. They say I have 16 days from the date of the letter (last week) to pay.

    They carry on to say that 'we will seek our client's instructions to commence legal proceedings against you in the form of a County Court Claim Form in the County Court'

    Shall I ignore this?

    Your advice as always is most reassuring.
  • waamowaamo Forumite
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    Spanial102 wrote: »
    Hi Everyone

    I now have a letter from BW Legal telling me that I now owe £150. They say I have 16 days from the date of the letter (last week) to pay.

    They carry on to say that 'we will seek our client's instructions to commence legal proceedings against you in the form of a County Court Claim Form in the County Court'

    Shall I ignore this?

    Your advice as always is most reassuring.

    I think you missed this earlier.
    the NEWBIES sticky thread gives you the correct advice for this saga

    and it states that any IAS appeal is a waste of time and could prejudice your "case" due to an unfavourable outcome

    the choices are simple

    pay up in full , or IGNORE
This discussion has been closed.