Napier Parking - Aggressive Letter

RaptorBlue

Received a nice aggressive/threatening letter from Napier Parking (as attached) Is this bluster or do they/have they taken people to court and won?

Some context, I have admitted to be owner of the car, but not driver (it was actually my son that had the car when this happened) he told me he bought a ticket and displayed it. As he didn’t get a physical penalty notice(as on windscreen) he threw away the ticket. Apparently it was on the dashboard but had gone "under" the front so maybe not seen by the enforcement person.

So a week later I receive a letter in the post from Napier and I look on this forum and follow the advise. They refused my appeal, as did IAS, which the forum said would happen.

This letter turned up on Friday, so now do i pay or chance it and see if they do go to court, which sounds like they will do. Maybe they have become wise to what’s happening and taking a harder stance....or this is still all bluster.

Would very much appreciate any thoughts on the way forward, to me its not the amount they ask for so much, its more the principle that my son did pay and I have no reason not to believe him as this has never happened to him when he’s parked here before (which he does on a regular basis)

Trainerman

Don't they just make you laugh. They will struggle to add their famous extra fees now, seeing as the incoming Government code bans them. So your option is to wait and see if they try Court, and then take them on there. You will get more farcical debt collector letters in the meantime, but they cannot visit and they cannot affect your credit rating until after you have been to Court. Even then , you would have to lose ( not many do) AND not pay.

So read up on the Newbies so you can see what the process is and what defences are available. By the way, was there anyone with the driver who could sign a statement saying that payment was made ?

Umkomaas

Can we see Napier's first letter to you - the 'Notice to Keeper' (not interested in any reminder, just the first letter), please post up a scan redacted of any personal data, but leave all dates on it showing. 

The letter you have now is pretty much a standard shot at squeezing you for money following a loss at the second appeal stage.  It doesn't mean you must pay it, only a Judge can tell you to do that. It's at court where you can argue your principles. We can help with an almost complete defence template. We help most motorists to win at court - if a PPC takes it that far. Napier sometimes do, sometimes don't. 

95Rollers

It's the usual standard templated threatogram from these companies. 

In theory they can take you to small claims court, but their success rate in court is very poor.  Napier have taken cases to court, they've lost many. If you search the forum you'll find out more details on these cases.

The "Independent" Appeals Service is far from independent! It is owned by IPC who are the trade association which Napier pay into so their primary objective is to favour their clients. The IAS only uphold 4% in favour of thr motorist!  So it was a dead cert you'd have it rejected.  BUT don't worry as its NOT legally binding on the motorists and won't have any bearing in court. 

They cannot give you a CCJ.  The only time a CCJ can be given by a Court Judge is if someone fails to engage with court on service of papers - or a Judgment is found in a Claimants favour and the and person losing thr case fails to comply with a payment or other order. Even then procedures and attempts to engage with that person must be evidenced as taking place before the CCJ can be administered. 

These parking firms and their debt collectors/ solicitors etc are always banding around threats of CCJ, Bailiffs, destruction of credit ratings, warrants and even being publicly shamed on national TV!!!

The best bet is to ignore, sit tight and wait for court. I recently went to court and won. Court wasn't daunting- it was via MS Teams and a much Fairer and transparent process than their own inhouse and "Independent"(cough cough) appeals processes. 

RaptorBlue

Thanks for the quick and helpful responses everyone. Attached is the initial Notice to Keeper letter, hopefully that helps.

I’m aware that this is how these type of business work and its mostly bluster, but thinking is a reason of "I(or my son) paid but the ticket was not seen) going to fly in Court if it gets to that stage or is a Judge going to think, well anyone can say that sunshine, so pay up!

Obviously at that point I would (to avoid any CCJ nonsense) but there would be court fess, interest, etc added so £60 goes to £100...goes to few hundred potentially.

Certainly don’t want these charlatans to win, but just trying to be pragmatic and realistic if they do go to Court, based on what you’ve all seen better to stump up now, see if they go that far then agree before court or go the whole hog and see what a Judge says?

Unfortunately been in court settings before for other civil claims so I have an idea, but never for anything parking related.

Online there are more photos than the two attatched, none see, to show the ticket which is the issue, spoken to my son again and he insits it was there but "hideen" which isnt great.

Thanks again.

Trainerman

Have they been told who the driver is? If not. I do not think that letter is PoFA compliant and you if are the keeper, you are not obliged to tell them who the driver is.

Also, is there anyone who can sign a statement about paying?? Could help a lot

RaptorBlue

As advised on here I only admitted i was the regsitered keeper, I have not indicated who the driver is to them in any appeal/communication.

My Son(whis only 17) can do that I suppose, what would it have to say? Would I send it direct to Napier?

Im guessing they may say now the driver is indetified and known to me i need to pay, so not sure how to play that, but will take the advise as given here.

Trainerman

No, Don't tell them.  That is the point !!

Umkomaas

The NtK is PoFA compliant, so not what I was hoping for. No great deal, most PPCs are, at last, getting their NtKs in line with PoFA (it's taken them almost 10 years!). 

Obviously at that point I would (to avoid any CCJ nonsense) but there would be court fess, interest, etc added so £60 goes to £100...goes to few hundred potentially.    

There'll be no 'CCJ nonsense', all of that is totally within your control. I don't know where you get your 'goes to few hundred potential'?  Not much more than £200 in the real world. 

Trainerman

Hi @Umkomaas. Is it not missing the specific quote of the PoFA act that would make it compliant?

Umkomaas

I'm not sure which one you are referencing.