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  • FIRST POST
    • BPU
    • By BPU 13th Apr 18, 7:33 PM
    • 1Posts
    • 0Thanks
    BPU
    FCN for misuse of free parking
    • #1
    • 13th Apr 18, 7:33 PM
    FCN for misuse of free parking 13th Apr 18 at 7:33 PM
    Hi all, my wife had a parking ticket dispayed in her windscreen but I have now (as registered keeper) received a Fixed Charge Notice from Napier Parking because she was !!!8220;observed between a period of 11:47 and 11:52!!!8221;. I think they are accusing her of not going into the shop the car park belonged to. But if the car was there, why was a PCN not applied there and then ? Do they have to prove anything . This scenario is not covered in the newbie info.

    What is an FCN compared to a PCN .
    Who was observing her and what rights do we have ?

    Not sure what to do next. Thanks

    Bob
    Last edited by BPU; 13-04-2018 at 7:34 PM. Reason: Typo
Page 1
    • KeithP
    • By KeithP 13th Apr 18, 7:41 PM
    • 9,197 Posts
    • 9,371 Thanks
    KeithP
    • #2
    • 13th Apr 18, 7:41 PM
    • #2
    • 13th Apr 18, 7:41 PM
    This scenario is not covered in the newbie info.
    Originally posted by BPU
    Yes it is.

    From post #1 of the NEWBIES FAQ sticky thread:
    Q - ''I have read the NEWBIES thread but cannot find anything specific to my case...my case is different''.

    A - NO IT ISN'T. YOU DO NOT NEED SPECIFICS. FORGET THE DETAIL, MOST CASES ARE ALL THE SAME.

    Not sure what to do next.
    Originally posted by BPU
    Read the whole of post #1 of the NEWBIES FAQ sticky thread and send the appeal template.
    .
    • The Deep
    • By The Deep 13th Apr 18, 7:42 PM
    • 9,992 Posts
    • 9,804 Thanks
    The Deep
    • #3
    • 13th Apr 18, 7:42 PM
    • #3
    • 13th Apr 18, 7:42 PM
    Leaving site is almost impossible for a PCN to win in court. Indeed since Ibbotson, where the solicitor nearly ended up in jail, (the toothbrush case), none has tried. Read this

    http://www.davidmarq.com/bama/VCS%20v%20Ibottson.pdf

    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    Hospital car parks and residential complex tickets have been especially mentioned.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.
    Last edited by The Deep; 13-04-2018 at 7:44 PM.
    You never know how far you can go until you go too far.
    • Redx
    • By Redx 13th Apr 18, 7:44 PM
    • 19,213 Posts
    • 24,410 Thanks
    Redx
    • #4
    • 13th Apr 18, 7:44 PM
    • #4
    • 13th Apr 18, 7:44 PM
    if NAPIER have followed POFA2012, then they can hold the keeper liable for whatever the driver did (in which case it doesnt matter what rule the driver broke)

    usually their car parks are pay and display , the postal NTK should mention what error was made (especially if the driver accepted a ticket from a third party)

    if it was a free car park as you say, then she would not be displaying a ticket in the windscreen

    FCN is Fixed Charge Notice, but for all intents and purposes there was a notice issued to the driver on the day, and as that has not been acted upon they have issued a postal NTK to the KEEPER

    if they are accusing the driver of leaving the premises after having parked there, they may have trouble proving it in court

    their on site CEO would have done the observation and taken any pictures

    they do not have to affix a notice to driver to the windscreen , there is no requirement to do so

    they DO have to prove their case in civil court , if it gets that far
    Last edited by Redx; 13-04-2018 at 7:51 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Coupon-mad
    • By Coupon-mad 13th Apr 18, 8:40 PM
    • 61,458 Posts
    • 74,341 Thanks
    Coupon-mad
    • #5
    • 13th Apr 18, 8:40 PM
    • #5
    • 13th Apr 18, 8:40 PM
    We assume you have now searched the forum for Napier left the site or Napier FCN minutes and read all the other threads; it saves us typing the same advice again and again.

    You will find they use BW Legal if they try a (weak) court claim, but you will know from reading 'NEWBIES PLEASE READ THESE FAQS FIRST' that these are defendable and what to do if that happens (which does not include paying, nor getting a CCJ).
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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