Notice to Keeper - Napier Parking

ShrimpFriedRice

Hi forum,

Been done in by Napier parking, other half has received NTK as the car is registered in her name.

Dad has dementia and told me his tablets were ready to collect, bit of a rush so I went in to town to sort, only to get there and actually check on his phone + with my sister (turns out she gets the reminders :facepalm:) and it wasn't ready so then buggered off again.

Letter says we drove in and drove out about 7 minutes apart which is probably about right. Will the the default template be a hiding to nothing with Napier? Worth even mentioning the situation with my dad?

Have used that car park loads and always had assumed there was a grace period anyway but hey-ho. Surprised they can issue on in-out and don't need any evidence that the vehicle was actually parked up!

I'd be a bit more bullish with it but as my wife has received the letter I don't want her mucked around loads :(

Redacted front + back of letter on post images:

https:// postimg.cc /gallery/D0WcNZp

Jame4ters

Have you read the “Newbies” thread?

Is the NTK POFA compliant?

Car1980

Easier to post on the forum

Car1980

Looks fine to me POFA-wise.

Was there a pay by app option? With non-payment I always think it's a good idea to pay what was owed on the app and keep the evidence, even if it's a different day. That way at least you can defend any court claim (Napier are quite litiguous) from the position of not knowing, rather than looking like a non-payer.

Then email them with the evidence and say their signs were insufficient but as a goodwill gesture you have paid the shortfall. They won't accept it but tough luck.

Do this as the keeper, don't mention who was driving.

Then ignore them, but you have the option of transferring liability from your wife to you any time before a court claim is issued.

Coupon-mad

I like the above stance and paying by app makes it possible. Don't drive in that day, obviously! You're paying by app without the car being there, as a goodwill gesture. Puts you in a great position.

I would also DENY PARKING. Say you left without accepting any contract (explain why) and therefore you gained no amenity from the site. Quote the CMA's Open Letter from July! The detailed opinion about consideration periods.

(The above is a complaint not an appeal).

ShrimpFriedRice

Sorry it's taken so long to reply, thank you both for your input :)

Appeal lodged so we'll see if we make any headway… Although maybe that's hoping for a miracle lol

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82092337#Comment_82092337

What about the complaint suggested?

ShrimpFriedRice

Ah I think I've gotten the myself muddled then - I wove the CMA letter into the appeal, apologies Coupon-mad. Are you suggesting that we lodge a separate complaint directly to Napier? And is that still something worth doing post-appeal rejection, as...

Unsurprisingly, the appeal has been rejected with some rather strong wording (and zero response to bits of the CMA letter). Not particularly a fan of them saying goodwill = liability in particular. Next step would be a fruitless appeal to IAS I assume?

Coupon-mad

"to assist we enclose a photo of the driver"!

Wow.

Is that photo a clear image of the driver's face?

Just ignore them now. Nasty firm.

Engage ONLY if you move house and come back to us here on this thread, if they try a small claim. You haven't admitted liability for £100 (only the tariff) and you've paid the tariff and they accepted it.

Napier didn't return it and the bottom of that reply says 'PAYMENTS ARE ACCEPTED AS FULL AND FINAL SETTLEMENT' so your payment stands as that, and the contract on the sign (which probably didn't say 'payment must be made before leaving') is concluded!