Premier Park PCN

hoohoo

Of course it is possible, and they are obligated to provide this, with only commercially sensitive bits redacted.

JRH999

The council has advised I contact the town council (small town) as apparently they own the land, just waiting on a response from them, although I suspect that will take some time.

Umkomaas

JRH999 wrote: »

The council has advised I contact the town council (small town) as apparently they own the land, just waiting on a response from them, although I suspect that will take some time.

That's OK, but you really must not be distracted from getting your formal appeal in to the PPC. Miss their deadline for appeal and you'll have the devil's own job in getting a POPLA code!

Parallel action essential.

JRH999

Is there any worth in offering them a "without prejudice" £10? I would rather not want the hassle, but definitely don't want to pay 2 x £60 or even 2 x £100.

Umkomaas

JRH999 wrote: »

Is there any worth in offering them a "without prejudice" £10? I would rather not want the hassle, but definitely don't want to pay 2 x £60 or even 2 x £100.

When a lion is looking to eat you, do you think he'd prefer the lamb chop you're about to offer him?

JRH999

Appreciate that, but if they know if will go to POPLA and they think they won't succeed one would hope they would take the offer! I'm guessing from what you're saying it would be unlikely? I just don't want it to end up in court ultimately.

Umkomaas

'Court' should not even be entering your head when you still have POPLA available to you.

Fewer than 2% of all PCNs (millions of PCNs each year) ever end up with court papers issued to them. And the large majority of those will be those who ignored any correspondence from the PPC.

Concentrate on your initial appeal and (parallel) complaint to the council.

JRH999

Just to confirm then, I should use the exact template from the newbies thread (pasted below), or should I add anything about inadequate signage/lighting or the fact there is still a large council sign stating "Free Parking"? I just don't want to close off anything with POPLA in that if I don't state it now I POPLA cannot use it? (if that makes sense)

Premier Park don't see to have an email address for appeals, so I think I need to post it, although the address given is a PO Box I will send it recorded to cover myself.

Date


Dear Sirs

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

I challenge this 'PCN' as keeper of the car, on these main grounds:

a). The sum is disproportionate, does not represent a genuine pre-estimate of loss, nor is it a core price term.
b) The sum is extravagant and unconscionable and cannot be justified.
c). There is no evidence that you have any interest in the land. I will complain to the landowner about your aggressive ticketing.
d). Your 'Notice' fails to comply with the POFA so there can be no keeper liability.
e). I believe that the signs were not seen/are ambiguous and the predominant purpose is to deter so there is no contract to pay this charge, which is a penalty.

Formal challenge
There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 or cancel the charge. I will only appeal further if you offer POPLA, the only independent ADR with a scrutiny panel and trained Assessors. The 'IAS' offered by IPC firms will not be used, for well-documented reasons.

''Drop hands'' offer
The charge is baseless but I realise that you may have nominal postage costs. Equally, I have incurred costs for responding to your junk mail dressed up to mimic a parking ticket. It is clear that my costs and yours, at this point, do not exceed £15 so 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 and I will not pursue you for my costs.

Breach of CCRs
I hereby give notice of withdrawal from this alleged 'contract' which was never properly offered nor expressly agreed. This 'contract' is cancelled and any obligations now end.

I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

Redx

use the template "as is" , thats why its like it is

as for popla, you put whatever you like into that appeal, as the PPC can issue an evidence pack of their own anyway (after your submission which they get to see from popla)

DO NOT SEND IT RECORDED, the PPC may refuse it

but DO send it with a free certificate of posting from the P.O.

Edna_Basher

JRH999 wrote: »

Premier Park don't see to have an email address for appeals, so I think I need to post it, although the address given is a PO Box I will send it recorded to cover myself.

I agree that it's quite ridiculous that Premier Park only accepts postal appeals offering no facility to appeal online or by e-mail.

Don't expect this lot to behave reasonably (even when measured against the low standards tolerated by the BPA); In the last couple of months, I have submitted complaints to the BPA about Premier Park's mishandling of not one but two of our appeals.

Recorded Delivery of your appeal is not a good option; there is a risk that Premier could simply refuse to sign for your letter in order to be able to claim that it was never received.

Instead, send your appeal by normal first class post, obtaining free proof of delivery at the Post Office. This will be deemed to be delivered two working days after posting.