Author Topic: Napier parking - overstayed 20 minutes and train delay  (Read 516 times)

0 Members and 32 Guests are viewing this topic.

Napier parking - overstayed 20 minutes and train delay
« on: »
Good morning all,

first, I tried the first level appeal with Napier parking directly and got rejected, so now I should appeal with www.theias.org.

I paid for 4 hours, my train was delayed by 20 minutes and I stayed a total time in the car park for a time of 4 hours and 20 minutes.

I believe I have good grounds for appeal, but I know that often parking tickets for overstaying and train delay got rejected. However, the options to pay are jumping form 4 hours to a full day, and I didn't need a full day.
I have proof of delay and a successful train ticket appeal (which reimboursed me only 0.97 pence, but it should be proof of train delay)

If I loose this appeal, will I be forced to pay £100 instead of £60

I know the IAS is terrible and 94% of the requests with them results in a declined appeal.

What should I Do?

Share on Bluesky Share on Facebook


Re: Napier parking - overstayed 20 minutes and train delay
« Reply #1 on: »
https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/

If nothing else, please follow the advice above and show us what you’ve received and, importantly, what you’ve said to them.

This information should give us an angle on how to advise you.

Re: Napier parking - overstayed 20 minutes and train delay
« Reply #2 on: »
You should also search the forum for
Napier
to inform yourself.
They aren’t well known but have appeared here before nonetheless.

Re: Napier parking - overstayed 20 minutes and train delay
« Reply #3 on: »
Key questions;

Has the driver been identified in the appeal?

And, where is the location? Is it railway property?


Best to post up the PCN covering only personal details.

Re: Napier parking - overstayed 20 minutes and train delay
« Reply #4 on: »
Thanks for the quick response.

This is the response to my appeal
Thank you for your appeal received on 09/12/2025 regarding the above detailed Parking Charge.
We have reviewed the case and considered the comments that you have made, together with the evidence that
we are holding. Our records show that the Parking Charge was correctly issued as your vehicle was parked in
breach of the clearly displayed Terms and Conditions of Parking.
This is an ANPR controlled car park. Our signs inform motorists that the duration of your stay is calculated from
the point of entry to the point of exit. Our records show you paid for 4 hours and remained within the car park for 4
hours and 20 minutes. It is the driver's responsibility to ensure they cover the whole duration of their stay.
We are therefore unable to cancel the Charge as it was issued correctly. Your options now are as follows;
- Pay the Parking Charge at the rate of £60.00 by 30/12/2025. We must advise you that once this settlement rate
passes it may not be offered again or further extended. If 14 days passes the full amount of £100.00 is payable by
13/01/2026. Payment options are contained later in this document.
You have now reached the end of our internal appeals procedure.
PLEASE DO NOT PAY THE CHARGE IF YOU WISH TO APPEAL FURTHER. PAYMENTS ARE ACCEPTED IN
FULL AND FINAL SETTLEMENT.
- Make an appeal to the IAS - The Independent Appeals Service (www.theIAS.org) provides an Alternative Dispute
Resolution scheme for disputes of this type.



And this is what I said to them

Hi,
in regards to my recent parking fine, my train has been delayed by 20 minutes, and the total stay in the car park is 4 hours and 20 minutes.
Considering I paid for the time I was supposed to stay and I overstayed a minimum amount of time I ask to lift the charge.


Re: Napier parking - overstayed 20 minutes and train delay
« Reply #5 on: »
Essentially, then, you identified yourself as the driver in your appeal. This closes a number of angles for you.
If the PCN doesn’t comply with the requirements of the legislation- and it probably doesn’t - then liability could not have been transferred from the unknown driver to the registered keeper.
But we are where we are.
« Last Edit: December 16, 2025, 01:56:35 pm by jfollows »

Re: Napier parking - overstayed 20 minutes and train delay
« Reply #6 on: »
FUBAR

What is the location of the alleged contravention?

Don’t be stupid and assume just because the utterly corrupt kangaroo court that is the IAS rejects your appeal that you have to pay it. The appellant is not bound by any decision the IAS makes.

Whilst you probably threw away the best defence point by blabbing the identity of the driver, you still have other defences. However, until you give us more detail, especially the location if it involved a train station car park, it is not possible to assist you much more than this.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Napier parking - overstayed 20 minutes and train delay
« Reply #7 on: »
Had no idea about the identity of the driver, unfortunately.

It happened at a train station car park on a Saturday, not very busy at the time of arrival or departure

I arrived at  9:06 in the morning and left at 13:27

Paid my parking space at 9:14 for 4 hours
The option for payment longer than 4 hours is 24 hours which seemed a little excessive.

is this any help?
« Last Edit: December 17, 2025, 09:11:32 am by gentleman_ »

Re: Napier parking - overstayed 20 minutes and train delay
« Reply #8 on: »
Take your tin-foil hat off and tell us the location. “A train station” is worthless information if you want advice on how to deal with this.

They already know you are low-hanging fruit on the gullible tree and likely easily intimidated into paying up out of ignorance and/or fear. There is very little chance of this being concluded with the IAS.

The most likely way this will successfully be won is if they try to issue a county court claim which is easily defended. However, if you are not prepared to follow the advice you receive here, even though you already proverbially shot yourself in the foot, then there is some information we need to know, such as the location.

No one is scouring the internet to find your case so they can report back, with whatever your imagination thinks they can possible use against you.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Napier parking - overstayed 20 minutes and train delay
« Reply #9 on: »
Didn't realise you needed an exact location. I'm sort of new to all this, I am definitely keen to listen to you or I wouldn't have come here in the first place.
This happened in Chippenham, Wiltshire, station hill carpark

Re: Napier parking - overstayed 20 minutes and train delay
« Reply #10 on: »
SN15 3QQ
Not a station car park on railway land.

Re: Napier parking - overstayed 20 minutes and train delay
« Reply #11 on: »
Station Hill Car Park, Chippenham (postcode SN15 3QQ) is not a railway station car park on railway land. It is therefore treated as ordinary private land rather than land under railway byelaws. In practical terms, it is “relevant land” for the purposes of Schedule 4 of the Protection of Freedoms Act 2012.

In this case, however, you have already identified yourself as the driver. That means the usual “keeper liability” arguments under PoFA (i.e. whether the notice is fully PoFA-compliant so liability can be transferred from an unknown driver to the keeper) is neutralised, because the operator no longer needs to rely on PoFA to pursue the driver.

This is still why the location matters. “A train station car park” is not enough, because many car parks next to stations are not actually part of the railway estate. Some are railway land (byelaws apply and the operator’s powers, wording, and enforcement route are fundamentally different), while others are separate private sites (a contractual parking charge model). Until the exact site is identified, we cannot reliably determine which legal framework applies.

Location also matters for authority and standing. Even where the driver has been identified, a private parking operator can only enforce charges if it is authorised by the landholder (or someone with sufficient proprietary interest) to manage parking and to issue and enforce parking charges in its own name. That varies by site and sometimes by different areas of the same wider complex. Without the precise location, we cannot sensibly assess whether Napier’s contract covers the relevant land, whether it had authority to issue charges there, and whether it has standing to sue.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Napier parking - overstayed 20 minutes and train delay
« Reply #12 on: »
Thanks for all your responses and your patience. I had no prior idea on how these private car park work.
I'll guess I'll suck it up and pay the fine.

Re: Napier parking - overstayed 20 minutes and train delay
« Reply #13 on: »
What “fine”? I’ll give you £100 for every occurrence of the word “fine” you can show us in any correspondence you’ve received.

All you have received is a speculative invoice for an alleged breach of contract by the driver from an unregulated private parking firm,

Why would you just pay an invoice if you think you don’t owe any money?
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Napier parking - overstayed 20 minutes and train delay
« Reply #14 on: »
Thanks for all your responses and your patience. I had no prior idea on how these private car park work.
I'll guess I'll suck it up and pay the fine.

Dear Gent, this can all be a bit confusing at your first time, as most people who receive something like this assume that it is a genuine fine rather than an attempt to extract money from you by a band of crooks.

The folks of this forum can be a bit spiky but are superb at helping people in your situation, if provided with all the info they need.

So, please post up the original ticket, any signs at the location (you posted one but there is probably one at the entrance too) and any other correspondence you have had.  Preferably as scans of the original doc.

In my opinion it is highly unlikely that you will end up having to pay them anything, even though you have potentially identified the driver.  This type of scam is intended to cream money off those who don't know it's a scam, and if you stand your ground you will most probably be successful.
Like Like x 1 View List