Premier Park PCN advice needed please!

petek1st

Hi All,

Just need a bit of advice on how to continue with this.
On 18th March my wife was snapped in a 2 hour max stay free retail car park with her nearside tyre barely over the white bay lines. What makes this worse is she was parked on the end bay so not even taking up another parking space. The PCN has come through with "Not Parked Wholly Within Bay", I have absolutely no intention of paying them £60 for this.


Any advice or if there is a generic letter I could send.


Many thanks


Pete

Stroma

Just need a little bit more info please, is this a windscreen ticket? Are you the registered keeper? Is this in England or Wales ?

Thanks

petek1st

Sorry, I tired to post the image of the letter. No windscreen ticket. Letter with 2 images. Yes we are RK and England.


Thanks

bod1467

Upload the images to photobucket, tinypic, imgur, etc. then post broken links here ...

/website.name/path/to/image.jpg

Make sure you edit the images first to redact any personal, identifiable info. (Like your name, address, vehicle reg, PCN reference etc.)

petek1st

/imageshack.com/a/img823/6628/of6z.jpg


/imageshack.com/a/img835/2334/szfn.jpg


Thanks

bod1467

http://imageshack.com/a/img823/6628/of6z.jpg
http://imageshack.com/a/img835/2334/szfn.jpg

Clicky links.

So was this a ticket through the post? Or was it affixed to the windscreen?
If through the post, was there originally a ticket on the windscreen?

What are the Date of Issue and Date of Notice dates?

HO87

BOD you beat me to it. I spent too long checking through the docs.

IMO non-compliant as with the majority of PPC notices the circumstances are never explained to the extent that it is made clear that the driver breached contract/failed to pay a core contractual sum.

@BOD - this was a NtK not a NtD

Edit: to save duplication

da_rule

In the first instance send off the appeal letter contained in the Newbies sticky thread (amending it so it makes sense in your situation). Send it by post and get proof of postage from the Post Office (do not send as recorded/signed for).

HO87

da_rule wrote: »

In the first instance send off the appeal letter contained in the Newbies sticky thread (amending it so it makes sense in your situation). Send it by post and get proof of postage from the Post Office (do not send as recorded/signed for).

In other words, post it from a Post Office counter and ask for a Certificate of Postage. They are free of charge.

petek1st

So if I amend the letter as so would that be sufficient?




Dear Premier Parking,

PCN number ********



As the registered keeper, I have received your parking invoice which of course, I decline your invitation to pay. I wish to invoke your appeals process, since all liability to your company is denied on the following basis:

1) The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner

Please issue your standard cancellation letter or a specific, detailed rejection letter. If you choose to send the latter, it must state:



- if alleging breach of contract, with your rejection letter I require a breakdown of the liquidated damages suffered, and by whom, and when this calculation was determined and how this particular 'loss' arose. Please also explain how/why you charge a fixed sum no matter whether the alleged contravention was trivial or more serious and how that can amount to a genuine pre-estimate of loss.

- if alleging 'contractual fee' I require that you now send me a VAT invoice by return and explain the daily rate for parking and service provided for the fee. Failure to provide this information and a VAT invoice now that I have requested it, will be considered evidence that this was not in fact a genuine offer to park for a fee and is merely a penalty which is not recoverable in contract law (as found by Mr Recorder Gibson QC, on appeal at Luton County Court in the case of Civil Enforcement v McCafferty 3YK50188 (AP476) 21/2/2014).

Take formal note:

(a) Your unsupported, unsolicited invoice and any further letters if you persist, will constitute harassment. If you continue, your contact and that of any agent will be deemed a 'serious and persistent unwarranted threat' as found by Lord Justice Sedley in Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February 2009) and I reserve the right to take the matter further. You have been informed that I consider this to be harassment so any decision to send further letters rather than cancel the invoice will reinforce the evidence of your persistent unwarranted threat and you may be required to justify your actions in court.

(b) Any obfuscation on your part, such as pretending I have to name the driver, alleging I am too late or unable to appeal as keeper or requiring more evidence when clearly I have already set out my full challenge for this stage, will be reported to the DVLA and to your respective ATA, as a sanctionable breach of your Code of Practice.

(c) If you reject my challenge and insist upon taking the matter further I must inform you that I may claim my costs from you and my time at the court rate of £18 per hour. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses and legal fees as well as liquidated damages for distress arising from harassment.

By continuing to pursue me you hereby accept liability to pay my costs when I prevail and you acknowledge and imply full understanding of the above.

Yours,

da_rule

It would do the job. It's fairly common form that PPC's reject appeals out of hand. The idea is to generate a POPLA code which will mean that if you follow the advice on here the charge will get cancelled.