Newbie going to have fun with a Park Premier PCN

soton_25

Hello all,


So I have been scooped up by the PCN net. Received one in the post over the weekend from Park Premier for an alleged parking issue in Jan. Honestly I don't remember parking in their car park. It is car park split in two down the middle. Half is free for Royal Mail parcel pick ups the other half is Easy Gym car park. All used to be one carpark free for pick ups.


Have read the newbies guide and am just drafting my appeals etter. At least I think that is the way to go. I need to take photos of the signs. And I didn't receive a window ticket.


What is the best way to share the PCN?

soton_25

Is it germaine that the PCN references that the PCN was issued on the day of the parking contravention alleged and has not been paid. I never received a window ticket even though it is kind of implied.

soton_25

I NEED HELP.

Before I send my appeal to Premier Park Ltd, I have an issue I can't resolve or decide whether to mention.

1. The driver never received a window ticket or similar when the alleged parking took place
2. The PCN is dated 17 Feb 2015, with the alledged parking having taken place on 19 Jan 2015

This is ~28 days apart. But as I read the legislation PFA2012 Sched 4, Section 8 para 5 the 28 day limit applies to driver tickets. Only 14 days applies for direct to keeper notices. Do I have grounds here?

Additionally Section 8, para 2a, talks about "specify ... the period of parking to which the notice relates"... no period is mentioned on my notice. Just the date and time of the alledged parking. Grounds or no?

Additionally I am going to ask Premier Park for evidence that the driver did actually park at the time and date stated as part of my appeal. ie Appeal the facts. The driver has no recollection of parking on that day.

Additionally Section 8, para 2a, talks about "specify the vehicle, the relevant land on which it was parked". The PCN is lite on this saying only "easyGym", no address nothing else. Is this sufficient?

Love your comments and thoughts

DoaM

For ANPR tickets (i.e. no windscreen ticket) the PCN must arrive with the keeper within 14 days. For PCNs where a windscreen ticket was affixed (or claimed to be) then it must arrive no earlier than day 29 (day 1 is the day after the event) and day 56).

Any PCN (NtK) the arrives between days 15 and 28 are out of time to invoke keeper liability under POFA. Plus all the other things you've noticed ... very few PPCs get their NtKs to a proper standard to comply with POFA requirements. (Not that this ever matters to the BPA or IPC).

MothballsWallet

Never mind the fact that the IPC (and its appeal service the IAS) aren't actually independent...

soton_25

Oh goodie DoaM. You think like me. I have added some stuff to my Premier Park Ltd appeal, just for giggles.

---

Dear Sirs

Re: PCN No. [...]

Thank you for your letter ref PCN No. [...] dated 17 Feb 2015. This is the first communication the vehicle's registered keeper has received, and the keeper has no knowledge of the event to which this pertains. As this is the first communication, the keeper is treating this as an attempted Notice to Keeper as per the Protection of Freedoms Act 2012 and so is appealing on these main grounds:

a). There is no evidence the vehicle was parked at the premises claimed on the date and time referred to in your ‘Notice’.
b). 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.
c). As keeper, I believe that the signs you refer to were not seen, the wording is ambiguous and the predominant purpose of your business model is intended to be a deterrent.
d). There is no evidence that you have any proprietary interest in the land.
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). There is no evidence that a notice to driver was issued and therefore the ‘Notice’ dated 17 Feb 2015 is not valid under POFA 2012 and keeper liability cannot be invoked.

Your clients should be thoroughly ashamed of the way you treat consumers visiting their premises. The landowner will be made fully aware of this matter and your response, which I will forward to their CEO when I complain in writing and via social media. Parking firms like yours fail to demonstrate even a basic understanding of customer service. The reputation of your business model appears to be more akin to a protection racket than 'parking management'. Your ATA exists to represent the interests of paying members, in order to gain access to DVLA data. This member of the public has 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:

1. Formal challenge
There will be no admissions as to who was driving and no assumptions can be drawn. As such, you must either rely on the POFA 2012 or cancel the charge. I suggest you uphold this challenge now or alternatively, send a rejection letter - subject to accepting my claim for costs as clearly stated below, since you have no case.

2. ''Drop hands'' offer
The extravagant 'parking charge' is baseless but I realise that you may have incurred nominal postage costs. Equally, I have incurred costs to date, for researching the law and responding to your junk mail dressed up to impersonate a parking ticket. It is clear that my costs and yours, at this point, do not exceed £15. Therefore, this is a formal “drop hands” offer. I remind you of the duty to mitigate any loss, so withdraw the spurious charge within 35 days without further expense and I will not pursue you for my costs. If you persist then I will charge in full for my time at £18 per hour plus my out-of-pocket expenses and damages for harassment.

3. Notice of cancellation of contract
I hereby give notice of withdrawal from this alleged 'contract' which was never properly offered by you and certainly was not expressly agreed. This 'contract' is hereby cancelled and any obligations now end. If you offer - and if I decide to use - IAS or POPLA, then the contract ends immediately on the date of their decision (whatever the outcome) so my notice of cancellation still applies. The Consumer Contracts (Information, Cancellation & Additional Payments) Regulations apply now to every consumer contract, save for a few exemptions, which parking contracts are not. 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 poor business practice and should be a thing of the past.

By replying to the challenge you are acknowledging receipt and acceptance of points 2 and 3 above. If you decide to 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 - and in contrast with yours, mine is genuine - is that this sum will be likely to exceed £100.

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

Yours faithfully,

DoaM

1. Formal challenge
There will be no admissions as to who was driving and no assumptions can be drawn. As such, you must either rely on the POFA 2012 (which you can't as your notice to keeper fails on many levels) or cancel the charge. I suggest you uphold this challenge now or alternatively, send a rejection letter - subject to accepting my claim for costs as clearly stated below, since you have no case.

soton_25

Just to keep you updated, appeal letter off to Premier Park Ltd today 3 March with DoaM's suggested change. Don't hold your breath guys and gals. But let battle commence.

For anyone who is interested I believe my PCN refers to easyGym, Shirley, Southampton. Premier Park have divided up what was a free car park for Royal Mail collections into two and are using the half they supposedly administer for money making in the guise of controlling what I assume is easyGym's car park. Looks like a classic case of capturing unsuspectings in the cross hairs and firing out scary looking PCN lookalikes.

Ryan_Bryan

Hi Soton 25. Just got back after a month away and received your PM. Glad you are happy to drag the slimeballs through the mud as far as you can. Recent events suggest that Premier through in the towel with decent POPLA appeals. May be time for me to return to Bath for another scamvoice.

soton_25

Thanks for the support. I need to get off my phat !!! and get a complaint into BPA soonest
1. For the crappy attempt at a NTK
2. For failing to serve a NTD and then relying on it in the NTK
And I am sure in time... for not replying to my appeal and not giving me a POPLA number... But lets wait and see if those last two come true eh?

soton_25

This is the first PCN letter they sent me. Note how it alludes to a previous letter they never sent.

hxxps://vvv.dropbox.com/s/n582x4elz40upif/PCN.jpg?dl=0