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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
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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
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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
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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
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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
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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
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--- 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
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--- 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
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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
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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
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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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