FCN for misuse of free parking

BPU

Hi all, my wife had a parking ticket dispayed in her windscreen but I have now (as registered keeper) received a Fixed Charge Notice from Napier Parking because she was !!!8220;observed between a period of 11:47 and 11:52!!!8221;. I think they are accusing her of not going into the shop the car park belonged to. But if the car was there, why was a PCN not applied there and then ? Do they have to prove anything . This scenario is not covered in the newbie info.

What is an FCN compared to a PCN .
Who was observing her and what rights do we have ?

Not sure what to do next. Thanks

Bob

KeithP

BPU wrote: »

This scenario is not covered in the newbie info.

Yes it is.

From post #1 of the NEWBIES FAQ sticky thread:

Q - ''I have read the NEWBIES thread but cannot find anything specific to my case...my case is different''.

A - NO IT ISN'T. YOU DO NOT NEED SPECIFICS. FORGET THE DETAIL, MOST CASES ARE ALL THE SAME.

BPU wrote: »

Not sure what to do next.

Read the whole of post #1 of the NEWBIES FAQ sticky thread and send the appeal template.

The_Deep

Leaving site is almost impossible for a PCN to win in court. Indeed since Ibbotson, where the solicitor nearly ended up in jail, (the toothbrush case), none has tried. Read this

http://www.davidmarq.com/bama/VCS%20v%20Ibottson.pdf

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

Redx

if NAPIER have followed POFA2012, then they can hold the keeper liable for whatever the driver did (in which case it doesnt matter what rule the driver broke)

usually their car parks are pay and display , the postal NTK should mention what error was made (especially if the driver accepted a ticket from a third party)

if it was a free car park as you say, then she would not be displaying a ticket in the windscreen

FCN is Fixed Charge Notice, but for all intents and purposes there was a notice issued to the driver on the day, and as that has not been acted upon they have issued a postal NTK to the KEEPER

if they are accusing the driver of leaving the premises after having parked there, they may have trouble proving it in court

their on site CEO would have done the observation and taken any pictures

they do not have to affix a notice to driver to the windscreen , there is no requirement to do so

they DO have to prove their case in civil court , if it gets that far

Coupon-mad

We assume you have now searched the forum for Napier left the site or Napier FCN minutes and read all the other threads; it saves us typing the same advice again and again.

You will find they use BW Legal if they try a (weak) court claim, but you will know from reading 'NEWBIES PLEASE READ THESE FAQS FIRST' that these are defendable and what to do if that happens (which does not include paying, nor getting a CCJ).