parking charge notice at Hull port

parkingfinemagnet

Hi there. I've looked at a few threads & the sticky on POPLAs but would appreciate a confirmation from the MSE forum guys.
I got a parking charge notice from Premier Parking Solutions at the beginning of the month as I had only displayed 1 of the 2 tickets in my windscreen at the car park at Hull port. The second ticket had fallen from view off the dashboard.
I appealed but they refused it, saying that signs clearly state 2 tickets need to be displayed. They provided photos to back this up.
I am wondering about taking this to POPLA as I had paid for parking and it seems unfair. Neither ticket had a sticker to attach to the windscreen, which explains why 1 of them fell from view. Plus the ticket that was displayed said 'display in windscreen' which I had done. Sure that us evidence enough that I had paid for parking?
Or am I stuffed because rules is rules and the signage states both tickets need to be shown?
From your forum sticky on POPLAs it looks like previous similar appeals have been refused & payment had to be made. This would double my charge from £50 to £100. So I'm thinking of cutting my losses & begrudgingly paying the £50 charge now.
A quick response is therefore appreciated.
Cheers & Merry Christmas (but but not to Premier Parking solutions- bah humbug!)

hoohoo

Your appeal will be based on the fact that their charge is not a pre-estimate of loss and that they have no contract with the landowner.

The first point is a guaranteed win against them, because they cannot possibly justify their charges in this way.

...but just to make sure, can you pop a photo of their signs somewhere and then link to it - just to make sure they are charging for breach of contract

Stroma

Read the sticky thread from the latest one and go back 10 or so pages and you will something that has been indicated above. We win all popla appeals that has been aided by forum members here. If you wish to pay after learning that we win 100% of the time then we cannot help you.

You have a popla code, this is your chance to get this cancelled with one email

Redx

so from this thread here
https://forums.moneysavingexpert.com/discussion/4816822

you get this linked thread here https://forums.moneysavingexpert.com/discussion/comment/62180281#Comment_62180281

giving this thread here https://forums.moneysavingexpert.com/discussion/4762012

so exactly how does this add up to paying instead of appealing and winning at popla ?

SevenTowers

Just to show the scruples, or lack thereof, of the people you are dealing with, here are a couple of links that might be of interest to you;-

http://parking-prankster.blogspot.co.uk/2013/12/premier-park-solutions-forget-to-turn.html?m=0

http://forums.pepipoo.com/index.php?showtopic=81218&st=40&start=40

Coupon-mad

parkingfinemagnet wrote: »

From your forum sticky on POPLAs it looks like previous similar appeals have been refused & payment had to be made.

You only need to follow 'How to win at POPLA' as linked in the 'Newbies read this First' thread near the top of the forum. Draft a POPLA appeal and show us first. Nothing about tickets falling from the dashboard, please!

parkingfinemagnet

Thanks for your responses so far, it is very much appreciated. I only saw the list of appeals sent to POPLA in the sticky and noticed a few of them were refused under the 'ticket fallen from view' title. So assumed this meant that my similar circumstances would mean I'd be unable to make a successful appeal to POPLA.
Unfortunately I don't have photos of the signage at the site but I do have an excerpt from Premiers response to my initial appeal letter (BELOW in italics). This was based on my appeal stating that I had paid ( and still have both tickets the machine spat out) but that one of the tickets had fallen from view. It's the truth after all.
You'll see that I'm running out of time with the £50 charge, so can you confirm that I will be successful with POPLA or in court if I use the right terminology in my appeal instead of the 'ticket fell from view' method on my first appeal to Premier? If so what specifically should I put in my appeal? Cheers again.

Here's Premier's response:
"Site: P&O Ferries. Issue date: 02/12/2013
Further to your email of appeal received on 05/12/2013 regarding the above parking charge, I have now had the opportunity to review this case and my findings are below.
Parking at this site is only for vehicles that are parked in accordance with the site instructions, as detailed on signage on site. This signage is clear, in excess of industry standards and clearly details any charges that may be imposed should these restrictions be contravened. The amount sought as the parking charge notice is a term of the contract.
Vehicles must be parked only in designated areas, with a valid pay and display ticket clearly on display at all times. There was not a pay and display ticket displayed in this vehicle and I therefore uphold our operative’s decision to issue this parking charge notice. It is your responsibility to make sure you have a valid pay and display ticket on clear display at all times whilst at this site or any pay and display site, if there is no valid pay and display ticket displayed in your vehicle then your vehicle is not authorised to be
parked at this site. When using the machines at the site 2 parts of the pay and display ticket will be dispensed from the machine and there is a clear sign on the pay and display machine saying please
display both parts of the pay and display ticket. Please see the photographs attached to show that you had only the sales receipt displayed.
We are therefore unable to cancel the Parking Charge Notice as it was issued correctly and we will not consider this matter closed until we have received a payment of £50 to reach us by 31/12/2013 or £100 to reach us by 14/01/2014 in order to avoid Debt Recovery proceedings; incurring additional costs. Please be aware that when appealing any further the charge will not be placed on hold."

SevenTowers

parkingfinemagnet wrote: »

Thanks for your responses so far, it is very much appreciated. I only saw the list of appeals sent to POPLA in the sticky and noticed a few of them were refused under the 'ticket fallen from view' title. So assumed this meant that my similar circumstances would mean I'd be unable to make a successful appeal to POPLA.
Unfortunately I don't have photos of the signage at the site but I do have an excerpt from Premiers response to my initial appeal letter (BELOW in italics). This was based on my appeal stating that I had paid ( and still have both tickets the machine spat out) but that one of the tickets had fallen from view. It's the truth after all.
You'll see that I'm running out of time with the £50 charge, so can you confirm that I will be successful with POPLA or in court if I use the right terminology in my appeal instead of the 'ticket fell from view' method on my first appeal to Premier? If so what specifically should I put in my appeal? Cheers again.

The amount you'll be paying is £0 because every POPLA appeal based on forum advice is successful, we have 100% wins since last Easter.

POPLA don't take mitigation into account, so you won't
be contesting the charge on the basis of what happened on the day, you will be challenging their legal right to issue such charges.

This tells you how to do a strong POPLA appeal and links about what to include:

http://forums.moneysavingexpert.com/...80281&posted=1

Follow the advice and you WILL win.

ZiggyStardust1

I am the very person (incensed1 on PepiPoo, & Ziggy in this forum) whose tussle with the Devonian Neanderthals at Premier Parking Solutions Ltd of Newton Abbot & subsequent victory in Court against this little provincial two-man band operating out of a lock-up in a scrapyard in Devon, are cited in SevenTowers' links above.

So, have NO fear that these 2 idiotic shaven-headed ex-wheelclampers are going to get ANY more of your money other than that which you legitimately paid in Hull. These 2 thugs operate on the fringes of the law & rely on fear & opportunism as a basic premise of their "business model".

I initially posted in here & was guided to PepiPoo for further help by the kind people here, notably Coupon-mad, Stroma, hoohoo, kirbyinfurness & others so just take their advice, don't worry at all about the mythical 50 quid speculative invoice morphing into 100 quid, or eventually (in my case) £175).........you'll pay nothing.

You can kill this with a POPLA Appeal template from here or pepipoo if you want, or take it right to the Court line like I did, as I like a bit of fun & games with loser bullies like PPS Ltd & have the time to play them at their own game.

Have fun. I did, as, like you, I was in the right. AND I'm expecting a cheque from PPS for my time, postage, travel, research, etc., unless they want a CCJ against their trading name, which even these two boneheads at PPS may realise is not the best advert for their scam.

The owners of the land covering the carpark, P&O terminal & ferry berths, which is leased to P&O, btw are Associated British Ports Ltd. Whose offices actually overlook the carpark.
Neither P&O nor PPS Ltd replied to my polite requests to have a copy of the agreement with ABP allowing them to levy punitive charges or speculative invoices on motorists. ABP of Hull were very helpful, however, & said they couldn't trace any such clause in their lease to P&O.
Draw your own conclusions.

trisontana

But you still get stupid judges who come down on the side of these morons (from PPS's website):-

On 11 October 2013 in the Oxfordshire County Courts PPS successfully pursued payment for an outstanding Parking Charge Notice (PCN). The driver had chosen to challenge payment of the PCN issued to them. This is despite appealing to POPLA (the new independent appeals service) who also refused the drivers appeal after we had turned the appeal down initialy. The judge stated that the POPLA judgement had been fair, reasonable and additionally ruled that the £100 charge was also fair and not excessive. As a result the driver will have to pay this PCN, our court costs and additional interest on the outstanding amounts.

This driver will now receive a county court judgement against them if the outstanding order is not paid. This will hinder their ability to secure any future borrowing, loans and mortgages.

The moral of the story is - park correctly; otherwise pay your PCNs and don't believe the forums! PCNs are enforceable as we continue to demonstrate with the support of the county courts.

Coupon-mad

''can you confirm that I will be successful with POPLA if I use the right terminology in my appeal instead of the 'ticket fell from view' method on my first appeal to Premier?''



Yes, 100% of POPLA cases won since Easter.

There will be no court, you will win at POPLA. Show us a decent POPLA draft appeal from the examples you've seen on the 'How to win at POPLA' link on the ''Newbies read this First'' sticky thread, and we will help you perfect it. What should you put in your appeal, is shown in the 'How to win at POPLA' link.