Southampton Premier Park next stage POPLA appeal

cody2010

Hi, first post here, and first parking ticket contested.


A search of the forum seems to show virtually all Southampton cases involve Parking Eye. They also are mainly no ticket purchased or overstaying.


This case however is neither.


Premier Park took over a load of Ultimate SIG contracts in Soton area. The one in question here being St Mary's church. The reason for issue of PCN being Parking in No Parking area (their capitals).


Personally, I always cycle to work, and go past the car park on the way.
However the driver on the day in question uses the college next to the church on Tuesday. They parked in the car park & purchased a ticket for the day for £4.


With hindsight maybe they should have questioned why the car sized space next to the ticket machine was the only space remaining, but they didn't & genuinely thought they were in a valid space. However, on return a windscreen ticket was found, as said, for Parking in a No Parking area.


There are no "No Parking" signs around the space. There is also a similar area at the other end of the car park, which is directly adjacent to a "valid" parking space. The signs simply say "Park within a marked bay". The markings seem to consist of small white dashes, the majority of which are now missing. Others covered with leaves.


the driver also says the parking "official" approached while they were at the ticket machine (next to the car) but backed away when they put the purchased ticket in the car. They are a bit incensed that the "official" didn't say anything to them & instead walked away & came back 20 mins later to issue the PCN.


I suspect these last bits of detail are irrelevant to the potential winning of the POPLA appeal. But they both really wind the driver & me up I just had to mention them.


Back to the relevant bits. Premier Park obtained the keepers address from the DVLA & a NtK sent, not titled as such but I assume it still serves the purpose. A soft appeal was made, virtually a copy & paste from the NEWBIE sticky. A rejection letter was received while we were away last week, containing the POPLA code to appeal. The 28 days expire a few days after Christmas.


So I am now in the process of putting together the POPLA appeal & hope the forum can provide it's usual assistance towards a hopefully successful appeal.


If any further info is required let me know. It looks like any photos/scans need to be included as a link to some website rather than a straight attachment.


Keep up the good work.

Guys_Dad

Yes. Photo bucket or tiny pics.

But also include pics if helpful in appeal to adjudicator as first point.
Use any of the standard winning appeals as well of course from NEWBIES or POPLA DECISIONS threads.

Jim_AFCB

cody2010 wrote: »

the driver also says the parking "official" approached while they were at the ticket machine (next to the car) but backed away when they put the purchased ticket in the car. They are a bit incensed that the "official" didn't say anything to them & instead walked away & came back 20 mins later to issue the PCN.

So.. no attempt to mitigate any "losses" then.. as well as the charge not being a genuine pre-estimate of loss in the first place.

Fruitcake

Check the POPLA code is valid on the Parking Cowboys website, and yes, the fact that the attendant saw you put a ticket on your car and then walked away is valid as detailed above. It is a breach of the BPA CoP. Add it as an extra appeal point.

Ryan_Bryan

Plus, once you are ready to submit your appeal you should also add a paragraph to the effect that you have been made aware of the fact that Premier have been known to fail to send a copy of their evidence to the appellant on several occasions and you expect Premier to send it to you in good time to rebut their claims.

Coupon-mad

I suspect these last bits of detail are irrelevant to the potential winning of the POPLA appeal.

Unclear signage and lines is relevant to a POPLA appeal.

Not mitigating their loss - nope, not according to Richard Reeve the POPLA service manager anyway. I have tried a fully set out explanation of failure to mitigate loss, recently, and POPLA said no. This was R Reeve's brief opinion when it was complained about (clearly he thinks Judge McIlwaine was wrong in VCS v Ibbotson then):

5.The operator has failed to mitigate their loss.

What was being considered was a genuine pre-estimate of loss, not actual loss suffered.


Richard Reeve
Service Manager
[EMAIL="richard.reeve@patas.gov.uk"]rreeve@popla.org.uk[/EMAIL]

cody2010

hi,
thanks. registered for photo bucket, & saved photos of:

the PCN & the ticket purchased for parking that daythe first letter from premier Park,
the parking sign
the space parked in
some "marked bays" near space parked in

we have also taken some photos of cars parked in the same space our vehicle was in, as it was quite common around then, but seems to be less common now.


however I get this message from the MSE website "Sorry as a new user you are not allowed to post with links. This is done to stop spammers clogging up the site. Please edit your message below to continue."

Coupon-mad

Change the http to hxxp or remove the http altogether and post the rest of any link.

Umkomaas

Just post it into the reply box, then change http to hxxp for each URL link to your photos, then hit the 'Post Reply' button. We will do the conversion.

cody2010

seems so obvious now.


lets try again


the PCN & the ticket purchased for parking that day
hxxp://s1378.photobucket.com/user/philbannad/media/PCNampticketpurchased_zps29ed18d9.jpg.html


the first letter from premier Park,
front page
hxxp://s1378.photobucket.com/user/philbannad/media/PCNreminderNtKpg1_zps5785c5b6.jpg.html
back page
hxxp://s1378.photobucket.com/user/philbannad/media/PCNreminderNtKpg2_zps61196cf4.jpg.html

the parking sign
hxxp://s1378.photobucket.com/user/philbannad/media/Q32014198_zps9917a075.jpg.html


the space parked in
hxxp://s1378.photobucket.com/user/philbannad/media/Q32014200_zps0ebca89d.jpg.html

some "marked bays" near space parked in
hxxp://s1378.photobucket.com/user/philbannad/media/Q32014201_zps78b15ee0.jpg.html
hxxp://s1378.photobucket.com/user/philbannad/media/Q32014202_zps17a08652.jpg.html

Umkomaas

Default
seems so obvious now.


lets try again


the PCN & the ticket purchased for parking that day
http://s1378.photobucket.com/user/philbannad/media/PCNampticketpurchased_zps29ed18d9.jpg.html


the first letter from premier Park,
front page
http://s1378.photobucket.com/user/philbannad/media/PCNreminderNtKpg1_zps5785c5b6.jpg.html
back page
http://s1378.photobucket.com/user/philbannad/media/PCNreminderNtKpg2_zps61196cf4.jpg.html

the parking sign
http://s1378.photobucket.com/user/philbannad/media/Q32014198_zps9917a075.jpg.html


the space parked in
http://s1378.photobucket.com/user/philbannad/media/Q32014200_zps0ebca89d.jpg.html

some "marked bays" near space parked in
[url]Http://s1378.photobucket.com/user/philbannad/media/Q32014201_zps78b15ee0.jpg.html[/url]
http://s1378.photobucket.com/user/philbannad/media/Q32014202_zps17a08652.jpg.html