Final demand but didn't receive original letter

iammumtoone

I have received a Final demand which says I have lost the right to appeal as I am out of the time frame, however I didn't receive the original letter.
I did pay, I still have my ticket to prove it, plus it was one of those machines you enter your registration number so they KNOW I paid. They want £100 from me due to the fact supposedly the ticket wasn't displayed?? It was in the car but I don't have proof if it could be seen, will they have proof it couldn't be seen?
This is Napier Parking at a Rail staion
What is my next move? Do I complaint to national rail? (anyone know the email addrees to use?). Do I contact Napier Parking (not sure how to as I have no appeal details due to never receiving the first letter).
I have read the newbies thread but I cant see anywhere in there how to appeal because I paid. I dont see how I can agrue I didn't see any signs as I paid!
Thanks for your help.

Redx

Paying is your proof of contract , your receipt , evidence , but doesn't change anything at the moment

If the land is owned by network rail , complain to the TOC , not network rail

If it's private land next to a rail station , complain to the landowner , because I haven't seen any threads where Napier are involved at rail stations

You can email a SAR to the DPO at Napier to obtain missing documents and pictures and data

iammumtoone

Redx said:

Paying is your proof of contract , your receipt , evidence , but doesn't change anything at the moment

If the land is owned by network rail , complain to the TOC , not network rail

If it's private land next to a rail station , complain to the landowner , because I haven't seen any threads where Napier are involved at rail stations

You can email a SAR to the DPO at Napier to obtain missing documents and pictures and data

Thank you how can I find out who owns the land?
Also how do I stop the process whilst I submit the SAR and wait for their respone. The letters are scary with the fees keep going up, and I am scared of doing the work of going to court (i am hoping this will be easy as I just have to show my receipt?)
Thanks for your quick response.

iammumtoone

I now see what I did I put in a 0 (zero) rather than O when I entered my registration. Does this make a difference is my recepit still valid?

D_P_Dance

A judge would very likely think that it is.  

Nine times out of ten these tickets are scams, so consider complaining to your MP, sometimes it can lead to cancellation.,

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, and darfts have beenopened for publc consulatation,

Just as the clampers were finally closed down, so hopefully will many of these companies, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, under new legislation 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/

Please also read these and have your say

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

Le_Kirk

iammumtoone said:

I now see what I did I put in a 0 (zero) rather than O when I entered my registration. Does this make a difference is my receipt still valid?

It is defended as De minimis non curat lex, which means the law does concern itself with trifles.  The new parking code of practice is hoping to deal with that by making sure that keypads are "motorist friendly".  The relevant code of practice (BPA/IPC) should explain how minor keying errors are dealt with but as @D_P_Dance states, a judge is likely to be on your side.

D_P_Dance

https://en.wikipedia.org/wiki/De_minimis#:~:text=De minimis is a Latin,refuses to consider trifling matters.

Redx

The land registry will tell you who owns the land , for a small fee

This won't be as simple as showing a receipt for a keying error

Read the IPC CoP to see what it says about minor keying errors

iammumtoone

Redx said:

The land registry will tell you who owns the land , for a small fee

This won't be as simple as showing a receipt for a keying error

Read the IPC CoP to see what it says about minor keying errors

I looked at the IPC CoP and it doesn't mention anything about keying errors, the BPA one does, looks like I got unlucky on who they use as their "independant" body.  They do have a sign on their site get your reg right, so its not looking good.
I think I will take my chances at court. Unfortunely I do not have the time to fight by reading up on laws etc I am a single mum with a full time job with a child with additional needs. However I am preapred to go to court to let a judge decide and if they go against me I will have to pay up that that stage. I am aware I will still only have to pay the original amount worse case so its worth a try, all I will lose is a day off work and travel expenses (I would be grateful if someone can confirm if it gets that far it will be held in my local court and not the other end of the country)
Thanks

Le_Kirk

When you have submitted your defence and the claimant has signalled their intention to proceed, you will receive a N180 (DQ) form and on that form you put your local court.