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Premier Park Ltd PCN Appeal - Unusual Circumstances?
Am1203
Posts: 3 Newbie
Hi,
These may be unusual circumstances so I am looking for some advice on handling the process to deal with a PCN from Premier Park Ltd (PPL).
PPL claim a PCN was issued to my vehicle on the second day of a recent month. I am the registered keeper but not the usual driver and so I didn't receive the sticky note on the window. I probably wouldn't have done anything with it anyway at that point because these things are such a scam.
The car was parked in a residential car park outside the building where I lived and it was free for residents. I think it's unusual because when the car was parked in the car park at the end of the preceding month the new parking enforcement regime didn't apply. The vehicle was actually displaying a permit for the old regime that I assume still applied on that date. Over the weekend the regime changed and so they could argue that a new permit would have been required.
In addition about three weeks after the PCN was issued I moved. Looking at the dates I assume they would have issued the notice to keeper at around the same time that I moved and this would have been sent to my old address. A couple of weeks ago I received a letter from a debt recovery agency sent to my old address but now redirected. I contacted my old landlord immediately to try and get the PCN cancelled on the basis that I was a resident in the building and entitled to park in the car park. They have said they will not get involved in the matter, but did speak to the parking company about it (doh!).
I have since started an appeal process with PPL as the registered keeper and they are claiming I am liable under POFA 2012. Given the amount of time that has passed they claim they are unable to deal with the appeal as it is now being handled by their collection agency. I intend to write to them to state there is nothing to stop them handling the appeal and issuing a POPLA code (as advised on this site). It feels like I should have extenuating circumstances given that I moved just at about the time then notice to keeper was issued, although I suspect PPL would refuse to consider this.
In addition is there any merit in arguing that the car was displaying a valid permit to park in the car park on the date it was parked, although the regime changed over the time the vehicle was parked there. I do not recall what signage was on display around the time the vehicle was parked, but I suspect it was new signage, which probably means the old regime had been withdrawn.
Anyway I intend the follow the usual appeal process outlined on here (thanks for the advice), but given the slightly unusual circumstances I thought it was worth raising a new thread in case there are any special considerations. For example, it would seem odd to appeal based on signage as the driver would have been aware new regime did not apply when the car was parked; the vehicle was clearly displaying a permit for the old regime; I moved just prior to the notice to keeper being issued to my old address.
These may be unusual circumstances so I am looking for some advice on handling the process to deal with a PCN from Premier Park Ltd (PPL).
PPL claim a PCN was issued to my vehicle on the second day of a recent month. I am the registered keeper but not the usual driver and so I didn't receive the sticky note on the window. I probably wouldn't have done anything with it anyway at that point because these things are such a scam.
The car was parked in a residential car park outside the building where I lived and it was free for residents. I think it's unusual because when the car was parked in the car park at the end of the preceding month the new parking enforcement regime didn't apply. The vehicle was actually displaying a permit for the old regime that I assume still applied on that date. Over the weekend the regime changed and so they could argue that a new permit would have been required.
In addition about three weeks after the PCN was issued I moved. Looking at the dates I assume they would have issued the notice to keeper at around the same time that I moved and this would have been sent to my old address. A couple of weeks ago I received a letter from a debt recovery agency sent to my old address but now redirected. I contacted my old landlord immediately to try and get the PCN cancelled on the basis that I was a resident in the building and entitled to park in the car park. They have said they will not get involved in the matter, but did speak to the parking company about it (doh!).
I have since started an appeal process with PPL as the registered keeper and they are claiming I am liable under POFA 2012. Given the amount of time that has passed they claim they are unable to deal with the appeal as it is now being handled by their collection agency. I intend to write to them to state there is nothing to stop them handling the appeal and issuing a POPLA code (as advised on this site). It feels like I should have extenuating circumstances given that I moved just at about the time then notice to keeper was issued, although I suspect PPL would refuse to consider this.
In addition is there any merit in arguing that the car was displaying a valid permit to park in the car park on the date it was parked, although the regime changed over the time the vehicle was parked there. I do not recall what signage was on display around the time the vehicle was parked, but I suspect it was new signage, which probably means the old regime had been withdrawn.
Anyway I intend the follow the usual appeal process outlined on here (thanks for the advice), but given the slightly unusual circumstances I thought it was worth raising a new thread in case there are any special considerations. For example, it would seem odd to appeal based on signage as the driver would have been aware new regime did not apply when the car was parked; the vehicle was clearly displaying a permit for the old regime; I moved just prior to the notice to keeper being issued to my old address.
0
Comments
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By all means write to them pointing out that there is nothing except their own intransigence to stop them issuing a PoPLA code. This will be in your favour should they be stupid enough to try taking things further.
Don't waste your time with mitigation or extenuating circumstances, they will not listen.Je suis Charlie.0 -
And there comes a time when you should just stop and ignore the idiots, or send them (NOT THE FLIPPIN DEBT COLLECTOR, IGNORE THEM!!) a Notice of Cancellation as discussed in several recent threads - links & info here in a POPLA appeal point:
https://forums.moneysavingexpert.com/discussion/comment/66764422#Comment_66764422
Obviously a Notice of Cancellation is short and sweet, not an appeal point like that one! But that link gives you the info & link to the legislation which shows in an Appendix, a Model Cancellation Notice where a consumer wishes to cancel a distance contract. Could be useful to point to if PPL ever try a small claim, and does no harm and confuses the PPC either way!PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Ok thanks both for your help. I'm currently pursuing suggestion one and will see what that yields.0
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