Paid for parking but still received a fine - how to dispute and resolve ?

sky_rat

Umkomaas said:

In the email I put WITHOUT PREJUDICE as the heading. 

Why do you want to put that?

It came from here...

https://www.msl.co.uk/resources/news-insights/get-parking-ticket-legally/

... which says...

"Fighting a ticket
If you receive a ticket from a private parking firm DO NOT accept liability. Doing so will legitimise the ticket and give the chaser cause for continuing their pursuit. Instead, refuse to pay any ticket and include “without prejudice” on the letter as this will ensure that no information in the letter can be used against you."

sky_rat

This is the email reply I had from Napier this morning...

Good morning

Thank you for your email.

Unfortunately we do not accept appeals by email or over the telephone.

As detailed in the notice you received, if you wish to appeal, please follow our appeals process, either by;

1. Using our online appeals form  https://napier.zatappeal.com/, you will be given the option to upload any supporting documents and you will receive a confirmation acknowledgement once complete. 

OR

1. By post to; Napier Parking Ltd, Atterbury Lakes, Fairbourne Drive, Milton Keynes, MK10 9RG – please provide your full name, address, vehicle registration number, FCN reference any supporting documents along with a full explanation.

When we have received your appeal, your case will be placed on hold and the charges will not increase during this time. If you wish to appeal, please do not pay the FCN.

sky_rat

Rather than post a letter, I was tempted to hand deliver as the Napier head office address is only a mile from where I live

Although I dont know if they actually have an office with people working there, it might just be an address ?

D_P_Dance

You could possibly mark it "with prejudice"  read this

https://www.lexology.com/library/detail.aspx?g=d0d9d8d9-2f05-49f9-92d1-d68ec840ce6d

Coupon-mad

Why don’t you reply and tell them it is a formal complaint before you report them to the IPC and DVLA?

...and appeal as well.

...and stop reading stupid advice to add the words WITHOUT PREJUDICE to an appeal or complaint. That website hasn’t a clue what it means.

Coupon-mad

And REALLY IMPORTANT PLEASE: 

https://forums.moneysavingexpert.com/discussion/comment/78411172/#Comment_78411172

Please, please come back every week to check and make sure your voice is not missed from this final opportunity to take part in the Government Consultation, coming very soon!

sky_rat

So this is the letter I will print and hand deliver (if possible) or post - is there anything I should add/remove/modify before I send it ?

FORMAL COMPLAINT 

{my address}

Monday, 21 June 2021

Atterbury Lakes

Fairbourne Drive

Atterbury

Milton Keynes

MK10 9RG

RE: Fixed Charge Notice xxxxxxx

Dear Sir or Madam:

I was surprised and angry to receive this FCN, because I paid for the parking at the machine using my debit card prior to departure.

I have since contacted my bank and asked them to check for this transaction. 

My bank confirmed that ‘a payment of GBP 1.50 was authorised towards WILLEN LAKE CAR PARK MILTON KEYNES GB on 6 June 21. The time captured on the system is 17:04 UKT. As the merchant did not collect the payment, the pending amount was returned to your account after 7 days per the normal Visa procedure’.

My bank has provided this evidence in writing, for reference I have attached a copy to this email.

I also have a witness who was with me when I paid for the ticket as further evidence – this person paid for their parking using coins instead of a debit card.

For this reason I decline to pay the fine and I request that you confirm in writing that the FCN is invalid.

There is also a concern that the payment was not collected thus allowing an FCN to be issued.  This could have happened to other people who may have just accepted the fine and paid it, surely this is something that warrants further investigation by your Company.

This accusation made against my good name has only heightened the stress and anxiety I am currently under due to unforeseen personal problems.

A copy of this letter has also been sent to Ben Everitt, the local MP for MK North.

Please confirm receipt of this message, I await your response.

Regards

{my name}

KeithP

Dear Sirs is the correct salutation and Your faithfully the valediction.

The word fine should not be used.

sky_rat

KeithP said:

Dear Sirs is the correct salutation and Your faithfully the valediction.

The word fine should no be used.

Whats the alternative to using the word fine ?  Should I just put FCN ?

KeithP

It's a speculative invoice.