HELP with Napier Parking Ticket Please

[Laineymee]

A few months ago I visited Willen Lake in Milton Keynes. I've never been there before.

 

I drove in the car park to go the the gym/spa and saw what I thought was an off road next to the gym.

 

I looked at the entrance to this road and there were no parking signs so I assumed a parking ticket was not necessary.

 

When I returned to my car I found I had a ticket for £45.

I then looked around and saw two parking signs nearby.

I have chosen to ignore the ticket

 

have received 3 letters so far

with the last one saying I now owe £80,

 

I can't appeal and they will take me to court if I don't pay.

 

Should I pay the fine?

Or should I try to appeal on the basis that it wasn't obvious that I needed to pay

due to lack of signs at the entrance to the road?

Or should I carry on ignoring it?

 

Thanks in advance.

Edited July 7, 2016 by honeybee13
Paras.

[honeybee13]

Hello and welcome to CAG.

 

Certainly don't pay anything until the guys here have talked to you about your case. The chances are you don't owe anything anyway.

 

A couple of things though, private parking companies can't issue fines, they usually call them Parking Charge Notices. We call them speculative invoices.

 

And does the letter say they 'will' take you to court or that they 'may'? If you're able to scan it up without your personal information, that would be great.

 

If the guys ask, are you able to go back there and take photos of where you parked?

 

Also, if you type 'Napier Parking' into the Search CAG box in the red strip at the top of the screen, you can see other people's threads about the same parking company.

 

One last thing for now, the forum guys use a lot of abbreviations, it makes typing faster. Here's a link to the stikky with translations for you.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?168275-Posting-in-this-Forum-and-A-Z-of-Motoring-Terms

 

HB

[Laineymee]

Thank you honeybee13.

 

The letter states that they intent to recover the costs from me.

They have also quoted some legislation being Schedule 4 of the protection of Freedoms Act 2012

and a landmark judgement on 04/11/15 where a parking company won a case.

 

 

Does this ring any bells with you and should I worry about these?

 

I will post a copy of the letter once I've figured out how to upload it.

 

I'm going to Milton Keynes on Saturday so will take some pictures of where is was then.

 

Many thanks.

[Homer67]

As you've ignored this for some time you can only really continue to ignore now.

 

They will send you some more scary letters and even some from the next desk on declaring to be a scary Debt Collector.

 

In reality the Debt Collector letters are toilet paper and DCA's have no power over you at all.

 

It is worth providing the forum with the date of the parking and the date of the notice to keeper

(sent to the registered owner) to see if they have complied with POPLA.

 

The 'landmark case' is nonsense and has only bearing on circumstances that are identical to that case

so more meaningless threats.

 

what you must not ignore is a letter before action or a court summons,

it is unlikely but if that happens come back for the defence.

[honeybee13]

Hello again.

 

To upload documents, you should be able to click on the word upload in my post and find instructions for what to do when you don't have 10 posts.

 

HB

[ericsbrother]

we need to see the content of the first letter you got through the post to see if they have any claim against you at all.

 

 

When we have seen that we will ask for more details of the event and signage

[Laineymee]

Thanks for your help so far guys. Attached is a scanned copy of the most recent letter.

letter.pdf

Edited July 7, 2016 by dx100uk
attachment had pers info showing and was huge 5Mb - sorted - dx

[ericsbrother]

we need to see the first letter, this is the one that can create a liability not anything they send later If they havent got the first one right they cant make the keeper liable and they know it.

[honeybee13]

Hello Laineymee. I've removed your post with attachments because one has your name on it and both show your car reg.

 

May I suggest an edit please, for your own anonymity?

 

HB

[Laineymee]

Please find attached the 1st and 2nd letter that was sent to me with personal details removed. Thank you.

1st Letter - 1.pdf

2nd Letter - 1.pdf

[ericsbrother]

well,

they say that the time for appeals has lapsed and that it wrong

but it doesnt matter because they are IAS members.

 

However, if they do start legal action against you it can be used as a defence to get the court to throw the matter back in their lap for an "independent" adjudicator to look at so they will have just wasted their money on court fees etc.

 

The rest of the letter is actually compliant so the wording on the signage as you enter the car park then becomes critical, any other signage if different will help you show that there wasnt a contractual obligation created by the first sign.

[renegadeimp]

Hi lainey, please edit your documents. Youve left personal info and reference numbers showing.

[AndyOrch]

Name still showing on 2nd letter...upload unapproved.