Parking charge number

QueryQueen

Please advise the best action to take for the Parking Charge letter received:

is there any specific wording to use to respond?

Gr1pr

What legal points do you believe might work if you appeal to Napier ?

Not paying the full amount for the full duration of being onsite is their allegation

I presume that only one hour was paid for ?

Any appeal would be rejected leaving you no better off, unless you pull a rabbit out of the hat with a valid legal challenge. ?

You are probably best to Ignore

QueryQueen

would it be advisable to pay the fine ?

I was of the understanding that sometimes the private parking companies do not need to be paid

cooldude255220

Can you please post a picture of the back of the notice also?

cooldude255220

Also, it looks like the keeper is a registered company.

Is the vehicle leased, or is it owned by the keeper?

ChirpyChicken

https://forums.moneysavingexpert.com/discussion/comment/82024109#Comment_82024109

Of Course you never pay

cooldude255220

I am assuming that

1. the rear of the Notice looks like this; and
2. the vehicle is owned by the keeper and is not a hire vehicle.

It appears to me that the NtK is not POFA-compliant for two reasons.

Paragraph 9(2)(e) of Schedule 4 requires that the notice must:

state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper (i) to pay the unpaid parking charges; or (ii) if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver

I don't think the Notice includes this information.

Paragraph 9(2)(f) of Schedule 4 requires that the notice must:

warn the keeper that 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 charges specified under paragraph (d) has not been paid in full, and (ii) the creditor does not know both the name of the driver and a current address for service for the driver the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;

I don't think the Notice includes this information in bold.

If the notice does not comply with POFA, then the creditor cannot recover the charge from the KEEPER.

They still have the option of pursuing the DRIVER. Luckily, as this is a company vehicle, there isn't a named individual as the keeper which makes this even harder for them.

So, I would appeal to NAPIER as the KEEPER. DO NOT IDENTIFY THE DRIVER. I would keep it short and sweet. Feel free to copy the quoted text. However, Napier will undoubtedly reject the appeal.

That leaves the second stage appeal. Unfortunately, Napier are members of the IAS, who have a reputation of being very unfair when it comes to adjudicating appeals.

However, despite the common advice on this forum, I would suggest that you do appeal to the IAS. Why?

1. Because about 25% of cases are conceded by the Operator before the IAS gets chance to adjudicate on them.
2. Because win or lose at IAS, the Operator has to pay the IAS, so why not make it a bit more expensive for them
3. Because you might just get lucky and get an adjudicator who actually does their job properly instead of just siding with the operator.

Just make sure to know going in that winning an IAS appeal is a long shot, and don't panic if and when you lose.

If you do want to appeal to the IAS after Napier reject your appeal, I have put together a much more indepth appeal for you to use at that stage here - you would just need to change the parking charge number in the word document to whatever it is, but everything else should be ready. Again, DO NOT IDENTIFY THE DRIVER.

QueryQueen

https://forums.moneysavingexpert.com/discussion/comment/82024236#Comment_82024236

(Image removed by Forum Team)

Thank you for the guidance.

This is the back. The vehicle is a company vehicle.

A parking ticket was purchased but expired 20 mins before leaving

Gr1pr

If its a company vehicle, in the name of the company, then its not the same as a vehicle registered to a person

Companies are not drivers

Is it addressed to the company. ? Or to an individual. ?

Car1980

The first piece of text is present, and the text in bold is an accompanying note and doesn't need to be present. Looks POFA compliant to me.

As it's an overstay, personally I would pay for another 2 hours on the app. Tell them you have done so with a screenshot and that the second hour is to cover the £2.50 DVLA fee and admin.

They won't buy it, but your defence (should ever you need one) is that you did pay, just late.

Their claim changes from no payment, to that you paid "wrongly". It just makes them look unreasonable as they haven't lost a penny, and you can bring in the de minimis aspect.

cooldude255220

https://forums.moneysavingexpert.com/discussion/comment/82024683#Comment_82024683

Where does the notice say that they do not know the name and address of the driver?

The second text in bold is not an acconmpanying note, it's part of schedule 4. In the same way that others bits of required information are in brackets in schedule 4.