Napier Parking FCN: Ticket in Side Window

bluenutt

Hello all,

Had a read of the newbie thread before posting. Some useful info in there particularly the standard "first appeal" template. I searched historic threads but couldn't find anything quite matching, but am willing to heed the advice that "YOUR CASE IS NOT UNIQUE" if someone wants to point at another thread and tell me to keep quiet.

Basically I'm writing the basics here to see if it is worth appealing. If this is a borderline case I will pay the early "bribe" to save myself the hassle.

The scenario:
- Parked at a private parking firms pay and display lot
- Paid for a ticket in change (no license plate), as I could not open my door much due to the car next to me and was in a rush, stuck it in the side window
- Returned to my car to no windscreen ticket (while other cars did have windscreen tickets I noticed)
- Drove off happy as larry as assumed I had no ticket given they obviously hand out windscreen notices ususally. I disposed of my ticket as I believed there was no issue.
- Received a "Fixed Charge Notice - Notice to Keeper" in the post with two pictures of my front windscreen stating the reason for charge was "Failure to clearly display a valid ticket/permit". This notice appears at first glance to comply with most of the regs i've read here.

I haven't been back to take pictures of all the signs yet, but the thrust of my argument wouldn't rely on signs anyway. I would prefer to focus on the fact that:

1) A ticket in the side window is able to be seen from the side of the vehicle with a cursory glance. I believe it was clearly displayed. Why are there no photos of my vehicle from even a slight angle, and are all fully front on.

2) Why was I not given a windscreen ticket when other vehicles were? If I could have seen I had a ticket I could have kept hold of the ticket as evidence that I paid for my stay.

The combination of these two factors seems to make it seem as though there was a deliberate trap in which I couldn't fight an appeal.

Would be interested to hear your first impressions. I will post photos of signs and my NTK if people think i've got a decent chance of winning.

Thank you for your time.

Redx

You won't find many Napier threads on here because the name is usually altered or partially obscured so that Napier cannot find it as they read this forum to find threads and use them in court if the driver has outed themselves , as many do on public forums

This all boils down to a decision by a judge , in court , any opinion is irrelevant because it's just an opinion , you have yours and they have theirs , so a referee in the form of a judge decides , VAR or not

Either the driver broke the parking contract , or not

It's obvious that neither you nor the Driver didn't read this 18 month old advice

https://www.moneysavingexpert.com/team-blog/2017/05/throwing-pay-display-ticket-away-use-cost-100/

The choice is yours , but this won't go away easily and any appeal will likely be rejected and Napier have 6 years to try a court claim for breach of contract

It's likely that they are the landowner too , so little point in complaining

But only a judge can decide this if you don't pay up in full , so be aware of what you are getting into