Newbie going to have fun with a Park Premier PCN

The_Deep

POPLA has decided to adjourn our cases pending the outcome of the ... Beavis case, even though Beavis is of no relevance ...


Water under the bridge now, but did you question this with them at the time?

Edna_Basher

Thanks TD.

Prior to sending their e-mails on 2nd October, POPLA had never suggested that any of our three cases would be adjourned pending Beavis.

One of the three appeals concerns a small fry operator whose Notice to Keeper and Notice to Hirer were littered with points of non-compliance with POFA 2012. The original hearing was scheduled for June and since then we have sent POPLA the occasional request for an update. Prior to this latest e-mail on 2nd October, POPLA's most recent reply was received on 8th September and advised us that "your appeal has been placed in front of an assessor and a decision will be arrived at shortly".

The other two appeals were routine ParkingEye cases, no different to the dozen or so other appeals that POPLA had already allowed on the grounds of non-compliant Notice to Hirer, no evidence of authority etc. We had also sent periodic requests for updates on the progress of these appeals.

It seems that London Councils are using Beavis as an excuse to cover the fact that they didn't have enough assessors left to clear the backlog of non-Beavis dependent appeals before they shut up shop.

For soton-25's benefit, back in June, POPLA did try to use Beavis as an excuse to adjourn one of our Premier Park appeals. We immediately queried this with POPLA on the basis that our appeal did not even refer to GPEOL, focusing instead on Premier's non-compliance with POFA 2012 and failure to demonstrate that it had the landholder's authority to operate. In July, POPLA confirmed to us that Premier had cancelled the charge.

nigelbb

Edna_Basher wrote: »

It seems that London Councils are using Beavis as an excuse to cover the fact that they didn't have enough assessors left to clear the backlog of non-Beavis dependent appeals before they shut up shop.

It's more likely related to the fact that the BPA Ltd have not been paying for POPLA & in fact owe London Councils over £160K so there was no confidence that they would be paid for their work.

Umkomaas

nigelbb wrote: »

It's more likely related to the fact that the BPA Ltd have not been paying for POPLA & in fact owe London Councils over £160K so there was no confidence that they would be paid for their work.

....... and once again leaving the motorist in no man's land, with continuing uncertainty as to the future outcome.

It's a pity that POPLA didn't take the position that if the BPA (on behalf of its PPC members) didn't pay the bill, then appeals, rather than being adjourned, would be upheld - en masse. That would have cleared up the mess in one fell swoop.

maple_leaf

I realise this is quite old but has anything come of this appeal or is it still in limbo with popla?

After years of entering this same car park to collect parcels (parking on the Royal Mail side) I've just received a ticket from premier. I stayed for 20 minutes. I'm going down tomorrow to speak with Royal Mail and to take some photos of the signage (from what I recall the signs indicate pretty clearly that the restrictions apply to the easy gym side and I parked in front of the Royal Mail collection depot). I'm just beside myself as this seems so predatory.

Anyway, soton, have you had any joy with your appeal from this?

Redx

loads of letters from WH today on this topic

read these links on page 8

https://forums.moneysavingexpert.com/discussion/5336635

Edna_Basher

Hi maple leaf

Your own circumstances will be very different to soton_25 (e.g. your appeal will be considered by the new Ombudsman Service variant of POPLA rather than through Wright Hassall).

In order to get appropriate advice, you'll need to start a new thread of your own. Do your homework by reading up on the forum's NEWBIES Stickies thread and we can then help you beat Premier Park.

As part of this homework, you'll learn that you need to stay in "keeper mode" throughout the process (i.e. all of your communications must be in your capacity as the vehicle's keeper and you must not give any hints as to the identity of the driver). Premier Park don't comply with all of the legal requirements of Schedule 4 of the Protection of Freedoms Act 2012 ("POFA") meaning that they restrict the scope of their claim to the driver only. Given that a vehicle's keeper is not obliged to name the driver, this makes things rather difficult for them.

soton_25

Hi Edna et al.

Haven't been on for a while and need to catch up with the boards. Been waiting for my Wright Hassell e-mail etc... BUT I didn't get one. Like many I guess, the conflict of interest thing played out. WH won't hear my appeals but Ombudsmen Services will.

So now everything is by letter with OS as their website doesn't seem to like these old cases. Others can confirm.

Updates
1) Letter from OS inviting operator to send evidence within 21 days and me to rebut in 14 days
2) Letter from OS saying they have evidence pack. I should contact case operator to get a copy. I did this, but also wrote to OS suggesting this wasn't really acceptable
3) Got e-mail reply from Premier Park today (actually DRP strapline) with evidence pack. It contained a little surprise...!!!

For those who know my case know I have prima facie appeal winning point... timings in POFA2012 not complied with. NTK far too late... however Prem Park slip into the evidence pack an undated PCN suggesting they might have written a NTK timely. Notice they don't go as a far as lying by dating it... BUT you have to be canny to spot this and point it out to POPLA in the rebuttal. Sneaky!

I can post my letters on here if anyone likes.

bod1467

So PPL have committed a fraudulent act? I'm sure Pranky would be interested to hear.

soton_25

So ... interesting, I called out their possible "fraud" in my rebuttal to their evidence pack.... guess what?

They choose not to contest the appeal. Quelle surprise.

Does anyone else smell fish

Oh... AND THAT MEANS I WIN. Time to be smug and post on POPLA results thread