Premier Park Ltd PCN through post

alec-50761

Hi all,

First off I have read through a lot of the stuff up here and I apologize if I'm repeating something someone else has asked, if so point me to the right thread or search and I'll get the info for there, thanks in advance.

Where i live we have a private car park and some of the spaces are 'B' and some 'C', I am permitted to park in B but most of the time these are full so i sometimes park in C. This has never been a problem until Premier park started operating in the car park.

Short story i carried on parking in C spaces when no B ones were available and now i have a £100 fine. I received a sticky PCN on the car, but on the advice of others ignored that waiting for a NTK. However i have now received a PCN through the post, it is labelled PCN not NTK, should i respond with an appeal now or wait for a proper NTK?

Another point (I think its probably irrelevant, but just in case) is that the time on the sticky PCN and the sent one are different by an hour or more.

As I am new i can't seem to attach a picture of the letter, so here is a link to it, apologies if it doesn't work.

I'm assuming i should appeal and state that this PCN is not compliant with POPLA?

Any help greatly appreciated!

Cheers
Alec

4consumerrights

I am not even going to convert that link at the moment as it contains your name - please edit your post immediately.

The letter received is the NtK - so submit an appeal as the Keeper.

Their rejection letter will contain in very tiny lettering at the bottom the POPLA verification code - 10 digits Premier Park's start with 666

Are you renting the property or is it your own?

What do the terms of the lease state re parking.

Make a formal complaint to the management company who are on a backhander no doubt for any parking charges collected.

alec-50761

Hi,

Thanks for getting back. I have removed the link as it don't know where else to post it without my name appearing, and as you have clarified that it is the NTK that was the main point for putting it up.

I am renting and the lease i signed said nothing about the parking, though i may have correspondence with the owner saying parking was on a first come first served basis. This was the case before Premier Park started patrolling a month ago. If possible i don't want to get the landlord involved as he has been really good and i don't want to cause trouble, it isn't his fault.

So I appeal straight to POPLA and make a formal complaint to the management company?

Is it okay if I post up my appeal and complaint when written on here?

Many thanks

4consumerrights

You can't appeal to POPLA without making a first appeal to the the parking company - in this case Premier Park.

I take it you have read the Newbie thread.

I would contact the landlord or even the your local council housing department . Your rental agreement is with the Landlord - who may not be aware that the management company have assigned a parking company to intimidate his tenant !

You also took out the rental contract prior to any parking company becoming involved - this is a direct infringement of your rights to peaceful enjoyment of the property. No doubt there were no other restrictions???

Certainly you can put any letter up here for viewing.

so

first step to get this quashed - appeal to Premier Park - as the RK

Premier Park will either accept the first appeal ( pink pigs fly ) though they might if they read this and know they won't stand a chance at POPLA.

Add in the letter this will save them £27 plus VAT to cancel this now rather then go to POPLA... and that you have a number of alleged loss statements to prove they cannot calculate GPEOL

Coupon-mad

Please just read the NEWBIES thread and appeal.

I received a sticky PCN on the car, but on the advice of others ignored that waiting for a NTK. However i have now received a PCN through the post, it is labelled PCN not NTK, should i respond with an appeal now or wait for a proper NTK?

But in the Newbies thread I already cover this, where I say words to the effect 'Appeal when you get the NTK or PCN or formal demand or WHATEVER THEY CALL THE FIRST LETTER). Why are you splitting hairs about what that first letter is called, who cares?! It is your cue to appeal as keeper.

alec-50761

MAny thanks for the help above, and I apologise for not noticing that this was previously covered in the newbies thread, i must have misunderstood. I have produced a first draft of my appeal letter to Premier park Ltd and have posted it in below. It is predominantly based on the example given in the newbies thread and the points made by others above. Many thanks for your help and any feedback will be greatly appreciated.

Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car, on the following initial grounds:
a) I am a tenant of the property to which the car park the ticket was issued in and have a permit.
b) There was too few spaces of the type allocated so a different one was used by the driver of the vehicle, which is reasonable.
c) The alleged contract between driver and parking company was setup after the tenancy was signed, and so is not relevant and does not affect the right of the tenant to allow drivers to use their allocated parking spaces.
d) The above further means this is a direct infringement of my right to peaceful enjoyment of the property.
I also challenge it on the basis of these further issues:
a) The sum does not represent a genuine pre-estimate of loss, nor is it a core price term. It is a disguised penalty and not commercially justified.
b) As keeper and tenant I believe your signs were deliberately placed so as for tenants to not notice them, or realise a new company was operating policies in contrast to the previous enforcers.
c) There is no evidence that you have any proprietary interest in the land, meaning you do not lose money by anyone parking on it.
d) I believe the only reason you are being allowed to operate by the land owner is that you are paying them a backhander from the charges you collect, further meaning the sum is not a genuine pre-estimate of loss.
e) Your 'Notice' fails to comply with the POFA 2012 and breaches various consumer contract/unfair terms Regulations.
f) There was no consideration nor acceptance flowing from both parties and any contract with myself, or the driver, is denied.
g) This is not a 'parking ticket' - it is an unsolicited invoice.
The land owner should be ashamed of the way you treat people that are simply trying to enjoy the properties they are renting or owning. Your firm appears to lack any level of customer service, existing only to claim money from innocent parties.
The reputation of your business model appears to be more akin to a protection racket than 'parking management'. Your ATA may offer sound-bites about driving up standards or fight for motorists' rights but in reality they are not a regulator; they merely exist to represent the interests of paying members, in order to gain access to DVLA data. The public have no faith in the private parking industry and, as far as I have seen, your firm has not shown itself to be any different than the ex-clampers with whom you share a membership.
The purpose of this communication is threefold, firstly it is a formal challenge. In this regard there will be no admissions as to who was driving the vehicle, nor can any assumptions be drawn. Therefore you must either rely on POFA 2012 or cancel the invoice. Alternatively you can meet my terms below and agree to my settlement as you lack any form of case against me or the driver.
I admonish that you will have incurred basic postage costs, equally I have incurred costs, mostly with regards to researching the laws behind your baseless junk mail, disguised as a parking charge to trick the public into paying. However it is clear that currently neither of our costs exceed £10. Therefore I offer you a formal “drop hands offer”. Here I remind you of the duty to minimise any loss, so withdraw your claim within 35 days without further expense and I will not pursue you for my costs as described below.
• My time at £65 per hour, this is my charge out rate used by my current employer.
• Damages for harassment.
The third point is to hereby give notice that I have withdrawn from this alleged contract with immediate effect, even though the contract was never properly offered and definitely never agreed. This means that the contract has ended and any obligations with it. If you offer POPLA, and I decide to use it, the contract will end immediately on their date of their decision, whatever the outcome and so my notice of cancellation still applies. Consumer Contracts (Information, Cancellation & Additional Payments) Regulations apply now to every consumer contract, save for a few exemptions, which do not cover your excuse for a parking ticket. It is the will of Parliament following the EU Consumer Rights Directive, that express consent is obtained for consumer contracts now - not implied consent - and that information is provided in a durable medium in advance.

You have failed to meet these requirements. The foisting of unexpected contracts like this on consumers, by stealth, is a thing of the past.
By replying to this challenge you are both acknowledging receipt and acceptance of points 2 and 3 above. If you persist with this unwarranted threat, I will be put to unnecessary expense and hours of time in appealing or defending this matter. As such, you will be liable for my costs and a pre-estimate of my loss, this time a genuine one, is that this sum will be likely to exceed £100 by a significant margin.
I would also like to remind you that if you choose to take this to POPLA it will cost you a sum of £27 + VAT. Furthermore I also have several alleged loss statements which prove that you are unable to calculate a genuine pre-estimate of loss.

I have kept proof of submission of this challenge. I look forward to your considered reply within 35 days.

Yours faithfully,

Guys_Dad

If your time is £65 per hour, then you can't object if theirs is the same or higher. Get real and change that.

alec-50761

Made the changes and sent it off thanks.

Haven't heard anything back so I'm assuming its all resolved

Cheers for the help!

Ryan_Bryan

alec-50761 wrote: »

Made the changes and sent it off thanks.

Haven't heard anything back so I'm assuming its all resolved

Cheers for the help!

Never trust a slimebag PPC.

alec-50761

Just received a notice through the post and they have declined my appeal. So I shall be drafting my POPLA appeal now. I should have it uploaded tonight so if people could give me their feedback that would be awesome.

Further to this I lost my permit and had to leave my car there over new year. My landlord said the ppc agreed to allow me to park until my new permit arrived. However they just ticketed me anyway. So I'm reviewing that with my landlord as well.

Cheers for the help and support so far!

Pete9501

Alec, I beat Premier Parking at POPLA last year, so good luck. Keep a file of all correspondence. Don't let the snotty letters intimidate you, they are just invoices, nothing more.

Pete