Fixed Charge Notices
- PARKING ON PRIVATE LAND
Napier Parking operates on private property and land. By parking on a Napier Parking site, each motorist is bound to agree to certain Terms and Conditions of Parking. Those Terms and Conditions are clearly displayed at the entrance of the land and also throughout the area.
Napier Parking Ltd issues a Fixed Charge Notice (commonly called a Parking Charge Notice) to vehicles that fail to comply with the Terms and Conditions of Parking in a car park. Each Fixed Charge Notice clearly states the reason as to why the notice was issued. In most cases a Fixed Charge Notice will be fixed to the vehicle or handed to the driver. In certain circumstances the notice may be posted to the registered keeper.
- THE LEGALITY OF FIXED CHARGE NOTICES
We pursue cases through the County Court system should they remain unsettled. To demonstrate the legality of out Fixed Charge Notices please view our News section for a selection of cases that we have to take to Court.
Supreme Court of the United Kingdom – Landmark Court Decision.
On 4th November 2015 a landmark judgement was handed down in favour of a private parking company who took a motorist to court for non-payment of a parking charge. Further details are available here:
This case was seen as an important case as the ruling sets a legally binding precedent on similar cases for the United Kingdom. Napier Parking therefore strongly advise that if you are unsure of your legal position you should seek independent legal advice.
- WHAT YOUR OPTIONS ARE IF YOU RECEIVE A FIXED CHARGE NOTICE
If you receive a Fixed Charge Notice, you should either pay the Notice or appeal the Notice. If you pay a Fixed Charge Notice within the first 14 days, you will have the opportunity to pay a discounted settlement rate. The discount will be at least 40% of the full charge. If you do not pay the discounted rate, you must ensure the full rate is received within 28 days from the date of issue.
If you wish to dispute liability of a Fixed Charge Notice (FCN) then you may appeal in writing to us (the Creditor) named above. Appeals must be received within 21 days beginning with the day after that on which the notice is given. You must provide your full name and address, the vehicle registration number and the Fixed Charge Notice number at the top of your Notice and your full reasons for contesting liability otherwise your appeal will not be processed.
Appeal decisions should be provided within 28 days. In the event that your appeal is unsuccessful then we will provide you with the appropriate details enabling you to lodge an appeal to the Independent Appeals Service. Details of the appeals procedure can be found at www.theIAS.org.
The Independent Appeals Service (www.theIAS.org) provides an Alternative Dispute Resolution scheme for disputes of this type. Napier Parking will engage with the IAS Standard Appeals Service providing you comply with their internal appeals procedure as detailed herein and that thereafter you lodge an appeal to the IAS within 21 days of rejection.
If you do appeal and do not hear from Napier Parking within 28 days then please make contact, do not assume that your appeal has been successful.
If you ignore the Notice or fail to pay when requested, Napier Parking may take further action to recover the sum you owe. This can result in additional charges being applied to the Fixed Charge
Notice and may result in a County Court Judgment.
The driver of the vehicle at the time the notice was issued is liable to pay the Fixed Charge Notice in the first instance. However, under the Protection of Freedoms Act 2012, the registered keeper can, under certain circumstances, become liable for the unpaid parking charges issued on private land.
For full details of the Act, please go to legislation.gov.uk.
- INDEPENDENT ADVICE
If you have received a Fixed Charge Notice, you may wish to have some independent advice. We suggest that you take advice from a qualified solicitor lawsociety.org.uk or from Citizens Advice citizensadvice.org.uk. Napier also recommend that you read the advice provided by the Know Your Parking Rights campaign, this can be found at knowyourparkingrights.org.
- INDEPENDENT PARKING COMMITTEE
Napier Parking Limited are members of The Independent Parking Committee’s Accredited Operator Scheme. The Independent Parking Committee Ltd is an organisation that was created to fulfil the role as an Accredited Trade Association within the parking industry.
The IPC operates a Code of Practice that encourages good practice and facilitates the fair release of data where there is a right to recover parking charges. The fair release of data is instrumental in protecting the rights of land owners and now has statutory recognition since the 1st October 2012 with the enactment of the Protection of Freedoms Act.
The Independent Parking Committee assumes its name from the Committee which ultimately presides over compliance issues with its members and the Independent Appeals Service. The Committee is comprised of independent representatives so as to ensure impartiality and fairness and to encourage the good practice of members. The IPC is not required to be independent of parking operators. The IPC provides services to its members and supports them.
The decisions on appeals and serious disciplinary matters are entirely independent from the IPC, its members and from any company associated with the IPC. All appeals are adjudicated upon by a qualified solicitor or barrister. The IPC does not provide any legal services. More information on the IPC can be found at www.theipc.info