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  • FIRST POST
    • positiveR
    • By positiveR 8th Feb 17, 4:14 PM
    • 46Posts
    • 13Thanks
    positiveR
    Premier Park - next step?
    • #1
    • 8th Feb 17, 4:14 PM
    Premier Park - next step? 8th Feb 17 at 4:14 PM
    Help please. Copied the template on these pages to "our friends" at Premier Park Ltd, did it online (so got a screenshot) and today they emailed this response....where do I go from here please:

    We write to acknowledge receipt of your recent online appeal, on behalf of the driver, appealing against the issuing of a Parking Charge Notice (PCN) to the vehicle.

    We note your comments and must refer you to the Protection of Freedoms Act (PoFA) 2012, Schedule 4 - Recovery of unpaid Parking Charges. This is available to view online at:
    http://www.legislation.gov.uk/ukpga/2012/9/schedule/4

    We must therefore request that the details of the driver of the vehicle at the time of the contravention are supplied; this must include their full name and serviceable UK postal address. If you are unwilling or unable to provide these details the registered keeper of this vehicle will remain liable for this PCN. This information should be provided by 15th February 2017. Please note, Premier Park Limited will not reply to any correspondence until after the above date, if the requested information is not provided.

    If we do not receive this information by the date given, the registered keeper of the vehicle at the date of event will be held liable.

    If you would like to view our photographic evidence, please visit www.pcnpayments.com

    Please respond by return or by filling in the Transfer of Liability form on the reverse of the PCN and posting it to Premier Park, PO Box 624, Exeter, EX1 9JG.
Page 3
    • Coupon-mad
    • By Coupon-mad 26th Feb 17, 12:33 AM
    • 44,060 Posts
    • 56,787 Thanks
    Coupon-mad
    I did mention it in the signage pointer but if I take it out and add this under its own heading, (1st point as most important and specific) do you think this is ok to send? Thank you for your time
    Originally posted by positiveR
    Yes, have this as point #1 on its own (below) and then save your appeal as a PDF then upload it under OTHER on the POPLA website:


    1. No terms at the disabled bays except to display a Blue Badge.

    The disabled bays require a blue badge but at those actual bays, there is no notice of this (as their photos of the car show). It seems from my research that the only notice of terms is at the ticket machine which, perfectly reasonably, the driver did not have cause to go to as they only knew that they must display their Blue Badge. Disabled drivers cannot be expected to trawl a car park for terms that are not displayed to create a contract with a disabled motorist and it is reasonable for such a motorist to conclude - even if they saw a P&D machine in the distance, which this driver did not - that these did not apply to the disabled bays.

    No other terms were stated at the disabled spaces except to show a Blue Badge, so no contract was accepted and the PCN was not properly issued. Further, not displaying the terms at the disabled bays is contrary to the BPA Code of Practice:

    http://www.britishparking.co.uk/write/Documents/AOS_Code_of_Practice_October_2015_update_V6..pdf

    18.10 So that disabled motorists can decide whether they want to
    use the site, there should be at least one sign containing the
    terms and conditions for parking that can be viewed without
    needing to leave the vehicle. Ideally this sign should be close
    to any parking bays set aside for disabled motorists.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • positiveR
    • By positiveR 26th Feb 17, 1:22 AM
    • 46 Posts
    • 13 Thanks
    positiveR
    Done, thank you
    • devonlad
    • By devonlad 1st Mar 17, 2:13 PM
    • 3,096 Posts
    • 8,216 Thanks
    devonlad
    sorry positiver, i posted my appeal on here instead of my thread. have removed. good luck with PP.
    The word about the scammers is spreading like marmite here in the westcountry.
    We workers all love it and the ppc hate it
    • positiveR
    • By positiveR 20th Mar 17, 10:33 PM
    • 46 Posts
    • 13 Thanks
    positiveR
    Quick update....not heard anything from POPLA but have just received a small rainforest worth of paper from Premier Park with a copy of the "evidence" they have submitted to POPLA. Not bothered to read it yet as not heard back from POPLA.
    • RobinofLoxley
    • By RobinofLoxley 20th Mar 17, 11:33 PM
    • 30 Posts
    • 65 Thanks
    RobinofLoxley
    You need to read every page of PP's evidence carefully and put together a rebuttal to send to POPLA for adding to your case file. You need to pick holes wherever you can in their evidence and point out any errors or discrepancies to the assessor, though you aren't supposed to go over anything you said in your original appeal. You have just 7 days to get your rebuttal in.
    • Coupon-mad
    • By Coupon-mad 20th Mar 17, 11:38 PM
    • 44,060 Posts
    • 56,787 Thanks
    Coupon-mad
    Quick update....not heard anything from POPLA but have just received a small rainforest worth of paper from Premier Park with a copy of the "evidence" they have submitted to POPLA. Not bothered to read it yet as not heard back from POPLA.
    Originally posted by positiveR
    As above, this is rebuttal stage (covered umpteen hundred times all over the forum in other POPLA cases) and you only have seven days.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • positiveR
    • By positiveR 21st Mar 17, 12:44 PM
    • 46 Posts
    • 13 Thanks
    positiveR
    So do I need to do this now, or when I get a reply from POPLA? Because, please correct me if I'm wrong, even if I lose the POPLA verdict, they can still take a running jump for "their money"???
    • Coupon-mad
    • By Coupon-mad 21st Mar 17, 2:29 PM
    • 44,060 Posts
    • 56,787 Thanks
    Coupon-mad
    Now...rebuttal of evidence, like in all other POPLA threads. Do you want to win? Focus the Assessor's mind by pointing out the flaws.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • positiveR
    • By positiveR 21st Mar 17, 8:21 PM
    • 46 Posts
    • 13 Thanks
    positiveR
    OK I do appreciate all your help but I am sitting here in a Travelodge before an important interview tomorrow, and was actually away when the paperwork arrived - it was dated 14th March, I only opened it on Sunday and am now away again so I'm out of time anyway. As I said, even if I lose, I don't have to pay do I?
    • Umkomaas
    • By Umkomaas 22nd Mar 17, 5:23 AM
    • 11,791 Posts
    • 17,959 Thanks
    Umkomaas
    As I said, even if I lose, I don't have to pay do I?
    You only have to pay it if a judge tells you you must.

    http://www.bmpa.eu/companydata/Premier_Park.html

    Best get it killed off at POPLA, then there's no risk of having an appointment with a judge.
    NEWBIES - wise up - DO NOT IGNORE A PARKING CHARGE NOTICE - you have been warned!

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Please note: I am NOT involved in any 'paid for' appeals service.
    • positiveR
    • By positiveR 22nd Mar 17, 9:21 PM
    • 46 Posts
    • 13 Thanks
    positiveR
    Well just got to wait and see now, I'll update when I hear from POPLA.
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