ISA appeal rejected - further actions please?

swiftdesire

Hello,
Thank you for reading my post, I will gratefully receive any advice on how to proceed further.

1. I purchased a weekly parking permit to park at a car park operated by Napier.

2. Accidentally the permit was purchased against car B(wife's car) and not car A(my car) which I parked at the site.

3. Didn't realize the mistake as I got no communication from Napier stating the car against which the permit was purchased. They seem to have that info but I did not receive it.

4. I assumed everything went correctly as I was logged into the system when making my purchase and the only active car on my account was car A at the time. The system only allows 1 active car on an account at a time, so I didn't think it would allow me to purchase a weekly permit against car B.

5. The system didn't record this virtual permit on my account with Napier, probably because car B wasn't a registered car with them, I realized this when I checked my online account after getting the parking charge notices, 5 days worth at £60 each. All other virtual permits that I had purchased earlier and later against car A are present on the online account except the one purchased against car B.

6. I appealed with the ISA and they've dismissed my appeal.

7. Napier now want me to pay them £100 per day for the 5 days I parked and I am told I cannot appeal anymore anywhere now.

8. What are my options please? Is paying them £500 the best option to avoid further grief?

Thank you very much in advance.

Coupon-mad

I appealed with the ISA and they've dismissed my appeal.

Please just read post #3 of the NEWBIES thread where we ask for no posts asking for a next step after IAS/not bothering with IAS. It's stated there, not to be harsh, but because we don't have time on this busy forum to discuss a 'do nothing' stage.

Don't pay them unless a Judge tells you to; come back at court claim stage.

The_Deep

You now wait to see if Napier take you to court.

From what you have told us they might struggle, this seems more like a silly human error than a breach of contract.

Nine times out of ten these tickets are scams so consider complaining to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Umkomaas

What are my options please? Is paying them £500 the best option to avoid further grief?

Depends on your 'further grief' pain threshold!

Alternatively, await their next move and defend in court if necessary. While no one here will second guess what a Judge might decide, your case isn't one of malevolent or fraudulent parking, so would have plenty of options to defend.

Many Judges see a simple mix up of VRMs as a case of de minimis and dismiss charges.

But you'll need to put in the effort to research and understand the process - you will get some help on the way - unless you simply want to timidly open up your wallet and allow a private firm to put their hand into it and extract a monkey!

£500 for mixing up a number? - they wouldn't get 5p from any forum regular. If they want that much from you, make them work absolutely bloody hard for it!

swiftdesire

Thank you for your responses so far.
Sorry for bothering you with something that has been answered before, I'll find and read up the previous threads again.

I am not worried about going to court with it as I believe a judge will see the light but I am worried about them sending debt collectors my way, don't like the sound of people knocking on my door for money.

Quentin

They won't send anyone to your door


Ignore debt collectors


All explained in the FAQ - post 4

The_Deep

Aa you do not owe them any money unless a judge says so in court, they cannot enforce a non-existent debt.

All the information you require to fight this is available on the internet, all you have to do is find it, it is not rocket science.

pogofish

swiftdesire wrote: »

Sorry for bothering you with something that has been answered before, I'll find and read up the previous threads again..

The info you need is in a Sticky, not just previous threads - and you confirmed that you understood the location and importance of reading the stickies before posting as part of your signup...?

swiftdesire

Thank you all for your replies.

Went through the sticky now, sorry should have read before posting.

Will make a complaint to the MP as suggested.

Also called them up to try and reason with them once again hoping they'd see sense in cancelling the charge but they refused. I have no more appeals left to make to them, so I'll sit back and see now if they want to go to court to contest this charge.

Coupon-mad

I am worried about them sending debt collectors my way, don't like the sound of people knocking on my door for money.

You can't have read post #4 of the NEWBIES thread yet, if you think that ever happens (clue - never seen in over 10 years of me being here on this forum, because there is no agreed debt, no credit agreement to collect on).

Please come back at LBC stage. Post #2 of the NEWBIES thread explains that.