Have NAPIER just made the most monumental !!!!!! up ever?

DocT92

Guys, 

I appealed a charge on 19th September and today received this .. 

REQUEST FOR MORE INFORMATION.

Thank you for your recent appeal. Your case is currently on hold.

Firstly POFA is not engaged in this case. The hire/lease company named you as the liable party. You seem to be

disputing liability for the charge.

Please note that the hire company did not provide us with the documents required to transfer liability under POFA.

Therefore we could not use POFA. If you are disputing liability we will revert liability back to the registered keeper

and hold them liable for the unpaid charges as is our right.

Be aware that if we undertake this transfer of liability back to the keeper and you have a contract with them, they

may charge you extra fees. Please refer to your contract with them.

Please confirm within the next 7 days if you were the driver, please email services@napierparking.co.uk . If we do

not hear from you then liability will be reverted and the keeper will be pursued.

I’m reading and re-reading this over and over again, it just doesn’t make any sense! 

They have stated categorically that POFA doesn’t apply, but then asking me if I want to transfer liability. What on earth ..  

My understanding is that POFA is the only mechanism they actually have to chase the keeper unless they know the driver of the vehicle at the time. Which they don’t. Nor have I told them. 

So what on earth are they going on about here. 

For full context, I was not the driver. I appealed correctly and in line with recommendations in this forum. The Parking Charge was actually paid on the day, albeit after the driver had left the car park. I’m not sure exactly what the T&C’s were for that car park. 

ChirpyChicken

Rock and a hard place.
I would simply email confirming you were the driver otherwise the lease firm will pay the charge plus a fee

DocT92

ChirpyChicken said:

Rock and a hard place.
I would simply email confirming you were the driver otherwise the lease firm will pay the charge plus a fee

Why would I do that? I genuinely was not the driver, I do not need to name the driver. They have stated POFA doesn’t apply, so they shouldn’t by rights have ever contacted me in the first place. 

I could be wrong, ill accept I’m wrong if I am, but surely this is a massive mistake for them to send me this letter. 

ChirpyChicken

DocT92 said:

ChirpyChicken said:

Rock and a hard place.
I would simply email confirming you were the driver otherwise the lease firm will pay the charge plus a fee

Why would I do that? I genuinely was not the driver, I do not need to name the driver. They have stated POFA doesn’t apply, so they shouldn’t by rights have ever contacted me in the first place. 

I could be wrong, ill accept I’m wrong if I am, but surely this is a massive mistake for them to send me this letter. 

Not at all
Are you leasing the car
If so the lease firm will charge you as above and have no hesitation in paying the pcn
They have made no mistake 
You could name the driver although I suspect they will simply end up transferring liability back to the keeper

Car1980

POFA is irrelevant if someone just pays it and doesn't argue liability.

It could a random philanthropist thinking he's doing you a favour. It's just in this case the hire company will happen to pay it and rely on a contract with the hirer to recover it.

Half_way

whya are the terms for the hire of the vehicle, and are they compliant with the consumer rights act?

Coupon-mad

Therefore we could not use POFA. If you are disputing liability we will revert liability back to the registered keeper
and hold them liable for the unpaid charges as is our right.

Ouch! This is NOT good for you.

Either provide the name & address of the driver or say you were driving.

YOU CANNOT LET IT GO BACK TO THE FLEET COMPANY. THEY'LL PAY IT AT £170.