Should I pay up or contest this?

Genuine_Essex_Lad

I have read through what seems like hundreds of posts regarding Premier Park and their tactics, and a few years ago I used the “ignore it & it'll go away” method which worked at the time.

However, I (as the registered keeper) have now fallen foul of this company once again.

Yesterday (8th Dec 14) I received a parking charge notice for £100 from Premier Park for the reason of NON PATRON on 25th Nov and issued on 3rd Dec.
The car was parked in a small side road in Exeter and there are indeed signs stating that parking is for xyz shop customers use only, it should be noted that there are no meters or any signage regarding tariffs so there is no loss to the company in the form of parking fees, the PCN has 2 photos taken by an operative and the sign is visible in both.

Now the fact is that the passenger did visit the store but simply browsed and made no purchase therefore any proof in the form of a receipt etc. that the store was visited is impossible, of course it can be argued that Premier Park also can't prove to the contrary. During this time the driver also went to a different shop about 2 doors away.

So do I..
a) pay up
b) make an offer that I consider fair
c) send some rubbish excuse and ask for a POPLA code
d) write to the store outlining the above
e) something else?

Any advice would be welcome as I really don't want to give this company any money that I don't have to.

Grimble

Read the newbie thread, do not pay. Others will give you advice but it is all there in the Newbies Thread.

Ryan_Bryan

I don't want you to give Premier any money either G.E.L. So what you need to do apart from reading the newbies thread is to go for C and D on your list. When you get your rejection letter from Premier then you can format your POPLA appeal. BTW. Have you received a notice to keeper through the post or was it a windscreen ticket you got because you should wait for the NTK.
Also the claim NON PATRON is laughable. If possible can you get photos of rhe signs because I guarantee that there will be nothing about having to actually buy anything.

Umkomaas

So do I..
a) pay up NO
b) make an offer that I consider fair NO
c) send some rubbish excuse and ask for a POPLA code OUR APPEAL TEMPLATE IS ANYTHING BUT A 'RUBBISH EXCUSE'
d) write to the store outlining the above NO - YOU CONTACT THE STORE AND COMPLAIN
e) something else? POSSIBLY, WE NEED A BIT MORE INFO!

Does the NtK mention 'ANPR Camera'?
Does it mention Keeper liability?
Does it mention The Protection of Freedoms Act 2012?
Do the photos show your windscreen with a ticket attached (I know you say you haven't had one, but there are many cases of ticket attached to window for photo,my hen removed)?

Genuine_Essex_Lad

RB - There was not a ticket on the car when I returned to it, the first I knew of the PCN was when the NtK arrived through the post. I've just posted off a letter to the store and appeal to get my POPLA code

Umkomaas - I didn't say the template letter is a rubbish excuse, but as I said I have been reading through the newbie thread, and from this it appears you can write any old drivel as it will get rejected and get the POPLA code, which is the objective anyway.

In answer to your questions

Umkomaas wrote: »

Does the NtK mention 'ANPR Camera'? NO
Does it mention Keeper liability? NO - on the reverse it does have a section entitled "Transfer of Liability" to give the drivers details.
Does it mention The Protection of Freedoms Act 2012? YES, it states "If within 28 days we have not received full payment or driver details, under Schedule 4 of the Protection of Freedoms Act 2012, we have the right, subject to the requirements of the act, to recover the parking charge amount that remains unpaid from the keeper of the vehicle"
Do the photos show your windscreen with a ticket attached (I know you say you haven't had one, but there are many cases of ticket attached to window for photo,my hen removed)? NO, the photos aren't brilliant but there is definately no ticket in view.

Umkomaas

it appears you can write any old drivel

As long as you don't give any indication about who the driver was. Can I take it your 'any old drivel' appeal avoided doing this?

Thanks for replies to questions. Have the photos, in your view, been taken by a hand-held camera/smart phone?

Ryan_Bryan

My appeal to Premier was 'The car was parked there and you have no locus standi. If you reject my appeal send a POPLA code.'
They rejected my appeal and sent a POPLA code although they tried their best to hide it.
I beat 'em. You'll do the same.

Genuine_Essex_Lad

Umkomaas wrote: »

As long as you don't give any indication about who the driver was. Can I take it your 'any old drivel' appeal avoided doing this? YES

Thanks for replies to questions. Have the photos, in your view, been taken by a hand-held camera/smart phone? Again Yes definately, you can tell by the angles

Further update, it now appears I have a definate reason for them to drop it, the reason being that I passed by the road this evening and lo & behold they have changed the signage, my partner noticed it so I stopped to double check.

Upon reviewing the PCN, the only signs displayed at the time the photos were taken were not those of PP making no mention of any contractual agreement :j

PP have now installed new signs in the last few days - close inspection reveals new fixings, so a bit of a giveaway there

These signs were not here before and the whole wall can be seen in the photos they sent me...

I have taken photos of the new signs, and at some point over the next day or two I'm going to put the car in exactly the same place and take photos from similar angles to those that the PP operative took for comparison to prove there was none of their signage in view on the day they decided to "ticket" me.

So repeat after me... PP go away and try harder next time :rotfl:

Genuine_Essex_Lad

I tried to post the pictures of all the signage, but as a new user I'm not allowed to post links

Fruitcake

Genuine_Essex_Lad wrote: »

I tried to post the pictures of all the signage, but as a new user I'm not allowed to post links

Upload them to tinypic or photobucket, then post the URL here but with http changed to hxxp. One of us can then convert it so the links will work.

Coupon-mad

Genuine_Essex_Lad wrote: »

Further update, it now appears I have a definate reason for them to drop it,

Not the reason you think.

THIS reason:

https://forums.moneysavingexpert.com/discussion/comment/66800253#Comment_66800253

They can't issue a 'postal PCN' except by ANPR camera, which is why Umkomaas asked you about the camera phone.