Parking ticket - appeal from IAS rejected - HELP!!

Thumbelina1812

Hi all I need some help please. I received a parking ticket from Napier Car Parking back in October. Basically it was for a Train Station Car Park which I bought online, when arriving at the car park I parked in what seemed to be the over flow car park (adjoined to main car park) and the only signage when going through to this car park (you don't leave one to get to the other) is to say tickets from the train station are not valid from this point, I bought my ticket online from what I know now to be another parking company not from the train station so had no reason to think it wasn't valid. As said I have appealed through IAS but it was rejected, a common thing I have since heard. As it's £100 and Napier made mistakes through their appeal, have sent me 'bullying' emails stating they HAVE taken people to court and won, ambiguous signage and basic what could be seen as entrapment as the car parks flow into each other. I do not want to pay this and feel it's unfair. Do I ignore their letters or do I have to let them actively know I still feel the ticket was unfair? Thanks very much in advance.

KeithP

Ignore everything now unless or until you receive either a Letter of Claim or official court correspondence.

At which time you should be reading post #2 of the NEWBIES FAQ sticky thread to discover how to deal with it.

Please post any further questions you may have at that time on this thread.

waamo

IAS appeals are absolutely futile. They will often give the most ludicrous reasons not to allow them.

One thing you can do is find out if the land you were parked on is covered by railway byelaws. If they are you have something up your sleeve to use later.

Thumbelina1812

Thanks very much Keith P, much appreciated!!

wammo, I have emailed the train company but had no reply, will try again. What is it in the byelaws I can use?

waamo

Thumbelina1812 wrote: »

Thanks very much Keith P, much appreciated!!

wammo, I have emailed the train company but had no reply, will try again. What is it in the byelaws I can use?

Several points. Land covered by byelaws isn't relevant land for the purpose of transferring liability from the driver to the keeper. In other words they have to chase the actual driver. If they don't know who that is that is their problem.

They can only get the details of the registered keeper from the DVLA who may, or may not, have been driving.

Another point is that byelaws are proper criminal offences, not made up fees from a parking company. If it was to go to court it would be a magistrates court and you would be fined. A parking company really doesn't want to do that as they don't see a bean. Not only that the offence "times out" after a mere 6 months.

That is why you aren't getting an answer. They won't want to tell you as they know that by telling you they are rumbled.

KeithP

Thumbelina1812 wrote: »

I have emailed the train company but had no reply, will try again.

That is slightly worrying.

Does the train company now know the identity of the driver or owner, or registered keeper?

beamerguy

Well said Waamo

Thumbelina1812

No the train company doesn't know all I've had is letters from Napier, the parking company. When emailing the train company they will only have my email address and I asked if they realised they had two parking companies running what seems to be one car park, I think I did say I received a ticket.

Not sure what I do now? Do I try and ring the parking company, and say what? I have tried to look up if the car park I was parked in is covered by the byelaws but it doesn't say but the other part of the car park definitely is, they state it on their website.

waamo

Write to Napier and ask under what grounds they hold you responsible? Is it due to byelaws or under POFA? Tell them you do not admit to being the driver so wish to know what makes you liable?

The answer, if you get one, will be illuminating. A refusal to answer will be equally illuminating.

Thumbelina1812

Thanks, but have I not admitted to being the driver by appealing and stating what happened?

waamo

Thumbelina1812 wrote: »

Thanks, but have I not admitted to being the driver by appealing and stating what happened?

Have they told you what makes you liable for the charge? It is the driver who is responsible unless they can legitimately transfer liability to the keeper under the Protection of Freedoms Act (POFA).

POFA can't be used on certain land. So what makes you liable? Does POFA apply or are they assuming you are the driver?