Catch 22 PCN from Premier Park

SteveRichardson

Hi all,
I've been sent a PCN from Premier Park. I had no idea about the PCN until I received the notice to keeper. (A family member had parked somewhere Premier Park say they shouldn't have whilst moving into a new flat.) I appealed using the template on the forum and asked for a POPLA number . Premier Park wrote back to me saying that they had received an appeal to the PCN and they issued a POPLA to them (It turns out my family member's flatmate had written to PremierPark). They did not let me know what the POPLA was. I have no idea what the flatmate said or what was said by Premier Park in response. I won't be able to find out either as my family member has since left the flat and has no contact with the former flatmate.

Debt Recovery Plus wrote demanding payment and I replied repeating my request for a POPLA code. DRP replied saying the POPLA has expired.

What's my best way forward - I feel that Premier Park should have given me the POPLA code and cannot fob me off by referring me to the flatmate(whom I do not know). I don't know wether the flatmate identified the driver. Should I write back requesting all correspondence be supplied or wait until they take it to court. I feel like I'm caught in a catch 22 situation.

Any suggestions greatfully received.

Thanks in advance

Steve Richardson

Captain_Krunch

yes, why is your name all over your post. The forums are monitored!!

Redx

ignore DRP

if the driver appealed and received a popla code, its their job to chase the driver

if you as RK give PP the drivers details, they can no longer chase you as Keeper

only deal with PP, not DRP

DRP are debt collectors and have no powers other than send you begging letters

if you have received or do receive an NTK, then you can appeal it and get a popla code as RK , as long as its within 28 days , you appear to have been denied this

alternatively, you as RK can name the driver, to absolve yourself under POFA 2012, providing they issued it within the POFA 2012 guidelines , if not , they can only chase the driver

sounds like a DRP fishing trip to me, dont fall for it

when did PP send you the NTK ?

when was the alleged "contravention" ?

pogofish

No catch-22 here. Post four of the Newbies sticky deals with DRP completely.

And if they have already issued a POPLA code to the driver, they should not be pursuing the RK.

SteveRichardson

Hi - thanks for the prompt responses.

The alleged contravention was 28/02/15. The car at the time was not being used by me. The NTK to me from PP is dated 23/04/15. I replied asking for a POPLA. PP's response is dated 20/05/15 referring to the 'appeal' from the flatmate. There was no POPLA code in this letter to me from PP and they told me they would not respond to any more correspondence. I am not going to tell PP who was driving because I'm not obliged to. However I don't know what the flatmate said and whether there was any mention of who was driving in the 'appeal' . So I don't know if PP know who was the driver. Thanks for the reference to DRP - I'll read the Newbie thread again.
Many thanks all.

Redx

if they accepted an appeal from somebody else and issued a popla code, then they cannot hold the RK liable

if you were to be liable, they should have issued you with a popla code after you appealed the NTK

they cannot have it both ways

ignore DRP, they are just middle men

wait and see if you get an LBC or an MCOL, then deal with it by using the fact that as far as you know the driver appealed and received a popla code, you were denied a popla code, therefore you cannot be held responsible

they can go swivel and chase the driver, or whoever they think appealed, not your problem, which is what you will be saying in any LBC defence or any court case defence

SteveRichardson

OK - thanks Redx - will wait and see what happens.

bazster

Redx wrote: »

if they accepted an appeal from somebody else and issued a popla code, then they cannot hold the RK liable

This. They don't get to have another go at the keeper once the driver has contacted them, even if the driver is now (rightly) ignoring them.

Complaints to BPA, DVLA and T.S. would seem to be indicated.

Redx

bazster wrote: »

This. They don't get to have another go at the keeper once the driver has contacted them, even if the driver is now (rightly) ignoring them.

Complaints to BPA, DVLA and T.S. would seem to be indicated.

was thinking that myself earlier, glad to see its being recommended as a course of action so I fully concur and agree

if the driver appealed and was given a popla code, they had no right getting the RK details from the dvla

they had no right to chase the RK, no right to dismiss the RK getting a popla code (on the grounds that they gave the driver one)

DRP will be following the RK route, irresepctive of POFA 2012

DRP should be chasing the driver, but are content to follow the vehicle owner instead

so yes, complain to the DVLA that the ppc or drp or both have failed the kadoe contract

complain to the BPA about being chased by the PPC and DRP when the driver has already appealed and been given a popla code

make it a hot potato !

keep copies as well, in case the fools try a court case (thats the ppc , not drp, but they are both fools)

they dont get to have 2 bites of the cherry, not have their cake and eat it , they followed the driver appeal route, so are stuck with it

Fruitcake

All of the above is excellent advice. Make sure you keep any and all correspondence.

SteveRichardson

Thanks again everybody for the advice - what a fantastic community! much appreciated. I certainly will complain to those organisations. I'm keeping everything I've received.