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       #Post#: 102438--------------------------------------------------
       Napier Parking Ltd NTK - Late Mobile App Payment - Boston
       Central Car Park
   DIR By: parkingfairy999
       Date: December 14, 2025, 5:32 pm
       ---------------------------------------------------------
       I am the V5C keeper of a vehicle that was parked at this car
       park on a dark rainy winter evening not long ago.
       Upon arrival, genuine attempts to pay were made but a technical
       glitch / stuck in a loop of "please delete and re register
       account" on the Ring Go parking payment mobile app prevented
       this.
       Later on in the evening, payment was made within 20 minutes of
       leaving the car park for the full duration of the stay after
       what I can only put down to a technical problem was resolved.
       This has been appealed and rejected.
       The appeal explained the technical issue, provided the payment
       receipt number and as the keeper, no admission of driver.
       They rejected saying breach of terms and conditions, payment to
       me made on arrival therefore the charge stands.
       Where do I stand with this? I am yet to appeal to IAS as its a
       IPC member, just to follow process, I do not believe they will
       be any more forgiving.
       Thank you for any advice / insight in to the issue in advance.
       Please see attached NTK
  HTML https://ibb.co/whDTxg0M
  HTML https://ibb.co/xKfZsNnr
       #Post#: 102466--------------------------------------------------
       Re: Napier Parking Ltd NTK - Late Mobile App Payment - Boston
       Central Car Park
   DIR By: InterCity125
       Date: December 15, 2025, 4:41 am
       ---------------------------------------------------------
       The first thing to understand is that these parking companies
       will always try and make the clients responsible for the
       numerous issues which occur with payment machines / ANPR
       failures / parking app glitches etc - this is of course contrary
       to consumer legislation but the firms and the appeals companies
       will ALWAYS skip over this in any appeal which you make.
       FWIW, the chances of this getting to a court hearing are
       miniscule. What you will get are loads of begging debt letters.
       Ultimately, you'll win this easily.
       #Post#: 102471--------------------------------------------------
       Re: Napier Parking Ltd NTK - Late Mobile App Payment - Boston
       Central Car Park
   DIR By: mickR
       Date: December 15, 2025, 5:11 am
       ---------------------------------------------------------
       the NTK, despite inviting the keeper to pay appears only to be
       holding the driver liable and has no mention of pofa so my guess
       is they are not relying on pofa for keeper liability (ive not
       seen a Napier Parking NTK before) if so [member=26]b789[/member]
       standard response will be suggested. wait for others to confirm
       #Post#: 102473--------------------------------------------------
       Re: Napier Parking Ltd NTK - Late Mobile App Payment - Boston
       Central Car Park
   DIR By: DWMB2
       Date: December 15, 2025, 5:17 am
       ---------------------------------------------------------
       If you are nearby enough to do so easily, getting photos of the
       signage would also help flesh out any arguments you might be
       able to make regarding the alleged contravention.
       #Post#: 102474--------------------------------------------------
       Re: Napier Parking Ltd NTK - Late Mobile App Payment - Boston
       Central Car Park
   DIR By: jfollows
       Date: December 15, 2025, 5:17 am
       ---------------------------------------------------------
       The NTK is very hard to read, but appears not to be
       PoFA-compliant, as [member=75]mickR[/member] observes.
       Napier couldn’t care less about whether or not the money was
       paid, since they probably don’t get it anyway, but if the terms
       and conditions are broken then they’re allowed by the land owner
       to pursue the driver for breach of contract and keep the money
       they manage to extract.
       #Post#: 102475--------------------------------------------------
       Re: Napier Parking Ltd NTK - Late Mobile App Payment - Boston
       Central Car Park
   DIR By: mickR
       Date: December 15, 2025, 5:20 am
       ---------------------------------------------------------
       --- Quote from: jfollows link ---
       >
       > The NTK is very hard to read, but appears not to be
       PoFA-compliant, as [member=75]mickR[/member] observes.
       >
       --- End Quote ---
       yes, it is a very poor quality pic of the front.
       #Post#: 102480--------------------------------------------------
       Re: Napier Parking Ltd NTK - Late Mobile App Payment - Boston
       Central Car Park
   DIR By: b789
       Date: December 15, 2025, 5:43 am
       ---------------------------------------------------------
       --- Quote from: mickR link ---
       >
       > the NTK, despite inviting the keeper to pay appears only to be
       holding the driver liable and has no mention of pofa so my guess
       is they are not relying on pofa for keeper liability (ive not
       seen a Napier Parking NTK before) if so [member=26]b789[/member]
       standard response will be suggested. wait for others to confirm
       >
       --- End Quote ---
       There does not need to be any mention of PoFA 2012. The only
       requirement is that all the conditions of the relevant PoFA
       paragraph—in this case, paragraph 9—are fully complied with.
       For paragraph 9, sub‑paragraph (2) is the relevant
       provision. As you can see, 9(2)(a) has not been complied with,
       or at least I cannot find it anywhere on the notice: there is no
       “period of parking” specified. PoFA is strict, and 9(2)(a)
       clearly states that the Notice MUST specify the vehicle, the
       relevant land on which it was parked, and the period of parking
       to which the notice relates.
       This notice does not mention any “period of parking”. It only
       refers to “time in car park” based on ANPR images. That is not a
       “period of parking”.
       The operator’s argument will conflate “time in car park” with
       “period of parking”. Parliament deliberately chose the words
       “period of parking” in PoFA 9(2)(a). That phrase requires the
       notice to specify the actual duration the vehicle was stationary
       and parked, not simply the total time between entry and exit.
       ANPR images only provide timestamps of arrival and departure;
       they do not evidence when or for how long the vehicle was
       parked. A car may be circulating, queuing, or waiting for a
       space—none of which constitutes parking.
       Because PoFA is a strict liability scheme, every statutory
       element must be met before keeper liability can arise.
       Substituting “time in car park” for “period of parking” is not
       compliance—it is omission. Failure to specify a period of
       parking means the notice does not satisfy 9(2)(a), and therefore
       the operator cannot rely on PoFA to transfer liability to the
       keeper.
       #Post#: 102757--------------------------------------------------
       Re: Nap.ier Parking Ltd NTK - Late Mobile App Payment - Bos.ton
       Cen.tral Car Park
   DIR By: parkingfairy999
       Date: December 16, 2025, 6:05 pm
       ---------------------------------------------------------
       Evening Everyone,
       Thank you for all your helpful replies
       [member=103]DWMB2[/member] - I have uploaded the signage and
       FYI, it seems alot more well lit via my camera than in reality..
       [member=636]jfollows[/member] [member=75]mickR[/member]- I have
       uploaded a hopefully clearer NTK document.
       [member=636]jfollows[/member],
  HTML https://shorturl.at/KqQsj,
       here
       is a companies house listing, the land owner is infact the same
       directors as the parking firm I believe. The car park address is
       listed on a charge.
       Here is the NTK in clearer format -
  HTML https://ibb.co/jZMvJxmh
       Here is the signage -
  HTML https://ibb.co/zTjVk61j<br
       />
  HTML https://ibb.co/jk2KQCGc
       
  HTML https://ibb.co/Ps0s9T11
       #Post#: 102778--------------------------------------------------
       Re: Napier Parking Ltd NTK - Late Mobile App Payment - Boston
       Central Car Park
   DIR By: b789
       Date: December 16, 2025, 8:33 pm
       ---------------------------------------------------------
       That NtK is about as PoFA compliant as you can get. As I pointed
       out, there is no requirement to mention PoFA, only that all the
       requirements of PoFA are met.
       I have no idea what the reference to the companies house record
       for the car park owners has to do with anything.
       #Post#: 102796--------------------------------------------------
       Re: Napier Parking Ltd NTK - Late Mobile App Payment - Boston
       Central Car Park
   DIR By: mickR
       Date: December 17, 2025, 3:39 am
       ---------------------------------------------------------
       is that signage compliant? its clearly states, duration of stay
       from point of entry to point exit. it diesnt mention "parking"
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