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Napier Parking Billingshurst, PCN whilst on the phone buying a ticket
red_boots2
post Tue, 29 Sep 2020 - 16:28
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The paperwork hasn't been received yet so the keeper will post it up when received. Looking for some advice on my next steps please.

Driver of the Vehicle was in the car park for about 90 seconds before staff member from Napier Parking approached vehicle and reported it for not having a ticket. Driver was on the phone to their phone line at the time buying a ticket as their app was down and the parking machine was not accepting the coins. Driver took screenshots showing app was not working correctly.

Driver pointed out that they were on the phone buying a ticket to the staff member and was even stood by the sign with the telephone number on it. They were informed the report had already been put through and they should read the sign before parking.

Businesses in the shopping area informed driver the staff member likes to wait for people to get out of the car to get a ticket and as they go to the machine report them.

Photo of signage attached:

This post has been edited by red_boots2: Tue, 29 Sep 2020 - 16:29
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post Tue, 29 Sep 2020 - 16:28
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The Rookie
post Tue, 29 Sep 2020 - 16:53
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Raise Merry hell with the landowner, also tell the stores you’ll not be back until Napier get their attendant on a leash. Local rag as well.

You could sue the landowner for harassment but his agent.


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Jlc
post Tue, 29 Sep 2020 - 17:01
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Isn't this regarded as predatory?

QUOTE
27.3 Operators must not use predatory or misleading tactics to lure Drivers into incurring Parking Charges.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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ostell
post Tue, 29 Sep 2020 - 17:14
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Is there a sign saying you can pay by phone?

If there is it makes a nonsense of the must display condition

This post has been edited by ostell: Tue, 29 Sep 2020 - 17:15
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red_boots2
post Tue, 29 Sep 2020 - 17:32
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QUOTE (ostell @ Tue, 29 Sep 2020 - 18:14) *
Is there a sign saying you can pay by phone?

If there is it makes a nonsense of the must display condition


Yes there is using the 'Just Park' app, text or phone line. I'll shrink it down and upload it.

Attendant stated his doesn't make the rules he just enforces everyone listed on the sign. He was asked why his van didn't have a ticket as it was parked across the lines of the bay contravening their own rules.
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Sheffield Dave
post Tue, 29 Sep 2020 - 18:23
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was the call successful - i.e. did you manage to pay for parking? If so, do you have proof?
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red_boots2
post Tue, 29 Sep 2020 - 19:24
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QUOTE (Sheffield Dave @ Tue, 29 Sep 2020 - 19:23) *
was the call successful - i.e. did you manage to pay for parking? If so, do you have proof?


Yes it was thank you and I opted for the optional text message receipt as well for proof as although they claim it would appear in my app as a past booking it still hasn't.
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ostell
post Tue, 29 Sep 2020 - 19:29
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So just wait for the Notice to Keeper to arrive to see what they are accusing you of.

If it's for not displaying then ask them how they expect you to display an online payment
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The Rookie
post Wed, 30 Sep 2020 - 11:34
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There would also be a five minute grace period for you to have left within, so unless it took you longer than 5 minutes to pay there was no breach.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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Jlc
post Wed, 30 Sep 2020 - 11:48
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QUOTE (The Rookie @ Wed, 30 Sep 2020 - 12:34) *
There would also be a five minute grace period for you to have left within, so unless it took you longer than 5 minutes to pay there was no breach.

They're IPC...

They say:
QUOTE
13.1 Motorists must be allowed a sufficient Consideration Period so they may make
an informed decision as to whether or not to enter or remain on the Private Land.
If a Motorist chooses to reject the opportunity by entering or remaining on the
Private Land without reading terms and conditions, they may be deemed to have
accepted them immediately.


Rather bizarre to me!



In the present case you'd like to think the motorist would appeal that were simply using the supplied service to purchase a ticket over the phone, provides proof of purchase and the operator would apologise and thank them for their compliance. Sadly, I'm not convinced this will happen. wacko.gif One would hope such a case would be laughed out of court if it went that way.

This post has been edited by Jlc: Wed, 30 Sep 2020 - 11:52


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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red_boots2
post Wed, 30 Sep 2020 - 12:57
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QUOTE (Jlc @ Wed, 30 Sep 2020 - 12:48) *
QUOTE (The Rookie @ Wed, 30 Sep 2020 - 12:34) *
There would also be a five minute grace period for you to have left within, so unless it took you longer than 5 minutes to pay there was no breach.

They're IPC...

They say:
QUOTE
13.1 Motorists must be allowed a sufficient Consideration Period so they may make
an informed decision as to whether or not to enter or remain on the Private Land.
If a Motorist chooses to reject the opportunity by entering or remaining on the
Private Land without reading terms and conditions, they may be deemed to have
accepted them immediately.


Rather bizarre to me!



In the present case you'd like to think the motorist would appeal that were simply using the supplied service to purchase a ticket over the phone, provides proof of purchase and the operator would apologise and thank them for their compliance. Sadly, I'm not convinced this will happen. wacko.gif One would hope such a case would be laughed out of court if it went that way.


If it goes to Court, it goes to court rolleyes.gif I'm not going to be bullied by a profiteering company who saw me as 'easy pickings'.
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Jlc
post Wed, 30 Sep 2020 - 13:38
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QUOTE (red_boots2 @ Wed, 30 Sep 2020 - 13:57) *
If it goes to Court, it goes to court rolleyes.gif I'm not going to be bullied by a profiteering company who saw me as 'easy pickings'.

Absolutely! Napier had 47 hearings in 2019 so a court claim is quite possible but we're getting ahead of ourselves here.

Times are tough, so tickets have to be issued...


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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