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Napier Parking - parked for under 2 minutes
LHall123
Posts: 1 Newbie
Hi all.
I have received a Fixed Charge Notice from Napier Parking with the vehicle observed for under two minutes.
I was thinking of using the "one size fits all" first appeal which doesn't name the driver. However, I was unsure whether the third paragraph holds much legal weight ("If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.")
Reason being, there would have been no record of payment (the driver returned to the car once they realised a ticket was payable and left the car park). There is also an explanation for the PCN: "failure to clearly display a valid ticket / permit" and they have provided photographic evidence.
I have also seen on this forum that Napier tend to roundly reject appeals and don't give you a POPLA code. Should I still use the first appeal above, or is it worth appealing on the grounds that 1min 49sec does not constitute a genuine pre-estimate of loss. Or is that approach now obsolete?
Many thanks
I have received a Fixed Charge Notice from Napier Parking with the vehicle observed for under two minutes.
I was thinking of using the "one size fits all" first appeal which doesn't name the driver. However, I was unsure whether the third paragraph holds much legal weight ("If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.")
Reason being, there would have been no record of payment (the driver returned to the car once they realised a ticket was payable and left the car park). There is also an explanation for the PCN: "failure to clearly display a valid ticket / permit" and they have provided photographic evidence.
I have also seen on this forum that Napier tend to roundly reject appeals and don't give you a POPLA code. Should I still use the first appeal above, or is it worth appealing on the grounds that 1min 49sec does not constitute a genuine pre-estimate of loss. Or is that approach now obsolete?
Many thanks
0
Comments
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Send the appeal template in blue from the first post of the NEWBIES. Send it unaltered from The Keeper. Read up on what to do if/when it is rejected.
Of course Napier won't issue a PoPLA code because they are not BPA members.
Make sure you are looking at current information as anything that mentions a genuine pre-estimate of loss is at least five years out of date.
What happened when you complained to the landowner?
Have you complained to your MP yet about this unregulated scam?
Please comment on the new draft parking code of practice.
I married my cousin. I had to...I don't have a sister.
All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks2 -
Should I still use the first appeal above, or is it worth appealing on the grounds that 1min 49sec does not constitute a genuine pre-estimate of loss. Or is that approach now obsolete?Obsolete.
And there is no POPLA for IPC firms.
Just do the template appeal and like any IPC firm, there is no second stage independent appeal worth trying, so ignore them after that unless a Court claim arrives. Napier tend to use BW Legal. Read some recent Napier/BW Legal threads and you will see, we win in court!PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD1 -
Its been obsolete for 5 years now.1
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