Fixed charge notice received for extremely short accidental stay in private car park

fineapple

Hi everyone,

I've been issued a fixed charge notice in the post from Na.pi.er parking. The charge was for failing to display a ticket while parked in one of their pay-and-display car parks. The observed time is 3 minutes long, and occurred on a weekend morning.

Unfortunately I didn't find this wonderful forum until after I submitted an internal appeal, which was rejected (surprise surprise). As a result they have my details, who was driving the car etc. I hope this is not a death sentence as the newbie thread might have me believe.

My reasons for appeal were that I believed I was parking in a separate shop's free car park (the two car parks are attached and signposted reasonably well, though from where I was parked the distinction wasn't clear). At the time I simply believed I was in a car park that was free for customers of the shop in question, and not in a private pay-and-display car park. As such, I hadn't purchased a ticket at all. Signs are visible for both car parks at the single shared entrance, though it's unclear when inside the car park where one ends and another begins. I also stated 3 minutes was an unreasonable amount of time for a charge, though now I respect that's not exactly a strong argument with these people.

What's the opinion here? Should I bother going for an external appeal given they have all my information? I feel I may have a case owing to the misleading signage but it's not concrete, they do have photos of the car very close to one of their signs. On one hand I really fancy going for a extensive and verbose appeal to make them give up, but on the other hand now that they have my info I feel it could be wasted effort and cost me the reduced charge time limit.

This company uses the IAS as their external appeals supplier, and while they are also members of the BPA they have not provided me with a POPLA reference.

Thanks in advance for any thoughts you may have on my situation, I'm happy to give more details if needed.

Redx

You won't get a Popla reference because they are not BPA AOS members , but are IPC AOS members

As the newbies thread explains , an IPC IAS appeal is usually futile , never recommended on here

Our view ? Tell it to the judge , let them decide the outcome ( or pay the charge )

Not seeing signs etc won't help because it is the driver's responsibility to check

I cannot see any good defence points , other than poor signage and markings , grace periods etc

Your choice to make

The_Deep

I also stated 3 minutes was an unreasonable amount of time for a charge, though now I respect that's not exactly a strong argument with these people.

But it might well be with a judge. Grace periods appear to apply here, read the BPA code of practice, and get your MP on board as nine times out of ten these tickets are scams.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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.

Coupon-mad

I've been issued a fixed charge notice in the post from Na.pi.er parking. The charge was for failing to display a ticket while parked in one of their pay-and-display car parks. The observed time is 3 minutes long...

But the car was there longer.

Napier always show a small and specific period of observation. This is always the case. Please read other Napier threads. This is not about 3 minutes.

Unfortunately I didn't find this wonderful forum until after I submitted an internal appeal, which was rejected (surprise surprise). As a result they have my details, who was driving the car etc. I hope this is not a death sentence as the newbie thread might have me believe.

No, makes no difference, see other Napier threads, all the same these days with claims from BW Legal. Always defendable and all the same!