Napier Parking - missed 1st letter

alfrescom

Today I've received a 'final reminder' letter from Napier Parking, with an amount outstanding for "£100", as my fixed charge notice had not been paid.

They say if I don't pay within 14 days of the letter (which is actually in only a few days time!), that the fixed charge notice will increase to £160!!

I had no knowledge of any of this, so had a rake around and did actually find an unopened letter from last month from Napier Parking, with a photo of my car (I wasn't the driver) parked in one of their car parks, under the title of 'fixed charge notice'.

The driver on the day tells me they have no recollection if they paid that day or not (they were having a stressful day, though I appreciate that that is neither here nor there).

My issues are-
* £100 seems an AWFUL lot for a parking fine, when they may or may not have bought a ticket (I guess not if we've been sent this fixed charge notice)
* as I've missed the original 14 day for appeal, I've got no option to pay the original £60 "fine", and it's probably going to increase to £160 by the time I get round to replying...

This seems a pretty crooked way to operate. I don't think these are enforceable in Scotland, where I live. But I understand that doesn't matter as the incident took place in England.

Can anyone offer any advice of the best action to take now?
I probably would have paid the original £60 just to make it go away if I had noticed the 1st letter, though I don't agree with it.
It looks too late to appeal it now, I can't really afford £160. What are my chances of waiting til they (possibly) take me to court?

Really appreciate any advice at all.
I have read through other posts, and sorry if I haven't posted this properly, I'm just a bit stressed out by it, and couldn't see any other advice people who missed the appeal date by stupidly missing some mail!

Best regards

Umkomaas

If they wished to pursue you they would need to do that via the Sheriff Court in Scotland. They won't do that - it's more complicated than they are used to in the England/Wales court, and they'd have no prospect of recovering any of their costs. 

We never see any single private parking ticket pursued through the Sheriff Court - and despite where the charge arose, they would need to pursue you through your local court. 

You might get some silly letter hassle, but that's as far as this is going to go. 

Coupon-mad

As you live in Scotland, reply and say clearly that you were not the driver and as the POFA 2012 wording is not being enacted in Scotland until 2022 (and it won’t be retrospective) they have no cause of action against you as the registered keeper.  

The driver will not be named and you require them NOT to pass your data to any other third party agent, debt collector or roboclaim firm because the DVLA data in a nonPOFA case of a Scottish keeper was only supplied for the single purpose of enquiring who was driving.  You will not be supplying a name of the driver, as you have researched this rogue industry and have no wish for family to be bombarded by demands but the fact remains that the driver was not you, so the single purpose the DVLA data was supplied for, is now exhausted and has ended.

Attach proof if you have it, as to where you were (it will help to show you are truthful but isn’t vital).

Finish by telling them to erase your data now that the purpose for which it was obtained has reached a close.

Umkomaas

Within Napier's first letter to you, did it contain reference to the Protection of Freedoms Act 2012 (Schedule 4) and a (false) claim that they could hold you liable for the charge as the registered keeper?

alfrescom

Thank you both for taking the time to reply, it's really very appreciated.

So, to reply or just ignore it completely?!
If I ignore it, they'll just send me more threatening letters (that's ok, I guess, I can ignore them, though I don't really want to have to go to court... but that wouldn't happen in Scotland anyway?!)
But if I reply, stating as coupon-mad said, that I wasn't the driver etc and that POFA isn't being enacted in Scotland, they might leave me alone?
Or by responding at all, they might take that as encouragement that I'm engaging and continue to hassle me?

Fruitcake

Complain to the landowner and your MP about this unregulated industry. 
A vehicle keeper in Scotland cannot be held liable (yet) for a charge from a private parking company. The PPC may ask for the driver's identity, but that's as far as they are (currently) able to go.

Do watch out though because your dear leader has cynically imported a law from England and Wales, despite her protestations that she wants independence. When the supporting legislation is introduced next year, the Transport Bill (Scotland) will mean a person who was not in the car at the time of the alleged event can be held liable. 

KeithP

alfrescom said:

Or by responding at all, they might take that as encouragement that I'm engaging and continue to hassle me?

Or conversely, upon reading your reply, they may decide that tangling with you is going to be more difficult than they can be bothered with.

A dilemma. 

alfrescom

Umkomaas said:

Within Napier's first letter to you, did it contain reference to the Protection of Freedoms Act 2012 (Schedule 4) and a (false) claim that they could hold you liable for the charge as the registered keeper?

There was no mention of that act at all. However it does mention "if, after the period of 28 days beginning with the day after that on which the Notice is given (i) the amount of the unpaid Parking charge specified in this Notice has not been paid in full, and (ii) we do not know the name of the driver and a current address for service for the driver, we will have the right to recover from you, so much of that Parking Charge as remains unpaid"

alfrescom

Fruitcake said:

Complain to the landowner and your MP about this unregulated industry. 
A vehicle keeper in Scotland cannot be held liable (yet) for a charge from a private parking company. The PPC may ask for the driver's identity, but that's as far as they are (currently) able to go.

I'm happy to write to my MP, thanks. Do I write back to the company though?

And if the PPC ask me for the drivers identity, do I have to provide it?

Le_Kirk

alfrescom said:

Fruitcake said:

Complain to the landowner and your MP about this unregulated industry. 
A vehicle keeper in Scotland cannot be held liable (yet) for a charge from a private parking company. The PPC may ask for the driver's identity, but that's as far as they are (currently) able to go.

I'm happy to write to my MP, thanks. Do I write back to the company though?

And if the PPC ask me for the drivers identity, do I have to provide it?

I refer you to @Coupon-mad's answer and to the NEWBIE sticky.

KeithP

alfrescom said:

Fruitcake said:

Complain to the landowner and your MP about this unregulated industry. 
A vehicle keeper in Scotland cannot be held liable (yet) for a charge from a private parking company. The PPC may ask for the driver's identity, but that's as far as they are (currently) able to go.

And if the PPC ask me for the drivers identity, do I have to provide it?

No certainly not.

You are under no obligation to give them the driver's details and must not do so.