Parking Charge from Napier Parking - Letter of Claim received, email sent

thefunkaygibbon

Oh good, another PCN!

Well, I assume it is a PCN, it only actually says "Parking Charge", which is new to me.

This charge was for staying a whole 10 minutes and 34 seconds in a car park that only shows signs for 24 hour parking charges. After seeing that, I left, but not before another vehicle prevented me from leaving. It is a tiny car park, with only one way in and out and enough room for one car to get to drive between the parked cars. Absolutely awful design.

Anyway, this post is to document my case. The letter came today, with a "date of sending" on the 7th March - 9 days ago (I genuinely think they send these 4 or 5 days after they claim to, to worry drivers more)

I have appealed today, using the standard template here.

Unfortunately, I cannot find the land owner's contact details other than a postal address.

Also unfortunately, Napier are part of IAS, changing fairly recently from POPLA, which is a shame.

Updates to follow

DE_612183

which car park?

thefunkaygibbon

The Dana, Shrewsbury. Opposite the prison if you know it

kryten3000

Also unfortunately, Napier are part of IAS, changing fairly recently from POPLA, which is a shame.

If you can call nearly 9 years ago recent! I've been helping people to fight unfair parking charges since 2017 shortly after Napier left the BPA AOS scheme. The landowner even told me POPLA was available, it was that recent a change.

thefunkaygibbon

oh, I went purely off their own information which claimed it is a recent change. Teach me to believe anything they say

thefunkaygibbon

So, I have now received confirmation that they are not accepting my appeal, no surprise there really.

kryten3000

As expected. Just ignore them now. You'll get a letter from BW Legal in a few months, then an actual Letter of Claim, possibly 2 or more.

Bromir

I've received the same thing for the same car park, for me it was for staying (not parking as I never left the vehicle nor even turned the engine off) for a whole 5 minutes while we tried to use the app which said my vehicle was "not covered" by their car park.

My appeal was also turned down by them so I guess it's just a case of wait for the BW Legal letters and reading/ignoring those. My questions are:
How long do these letters usually take to arrive?
Has anyone actually had their claim taken to court? If so how did you fare?

thefunkaygibbon

I am going to IAS. I know it is relatively pointless, but the way I see it is that should this go through to court the appropriate steps have been taken.

The argument that I am using for appealing to them is that there was no acceptance of contract, and according to the International Parking Community guidelines that they claim to adhere to, there is an industry standard consideration period.

Bromir - in terms of "I haven't parked, the engine was running and I didn't leave the vehicle", that is unfortunately a none starter. I thought of that but according to the law stopping the vehicle outside of traffic is considered parking. However, you have the same as me. You considered parking, decided you didn't agree to the terms (or in your case, you were not allowed to accept the terms) so left.

I will save the response on the very small chance that I win this appeal

thefunkaygibbon

instant rejection. The reply come in less than 30 minutes

Jame4ters

Makes you wonder if they even read your submission.