Premier Parking Solutions - Appeal Advice

L1ng

Hi guys,

I need a bit of advice in regards to a parking ticket that my girlfriend has recently received from Premier Parking Solutions in Exeter while she was visiting a client that she cares for (she's a care worker). Basically I am angry beyond belief that someone who is just doing their job could be bullied by these people - she's worried sick since she cannot afford to pay the fine (£60 now £100 in two weeks). She has been parking at this particular car park for a couple of months now, in a residents space (Not her particular clients space since the visitor space is usually taken) - But she was told that this shouldn't matter by the person she cares for. She has a parking permit that was provided by her care company, it basically states that she is a care worker and is visiting a client, its not for this particular car park but usually works in most cases - she even has her phone number listed on it in case of any troubles!

After she had received the ticket she instantly sent an email to them explaining that she was a care worker and did not realise she was in the wrong (although I imagine this will not matter to them). Obviously not ideal because I have seen many email templates floating around on-line that are better suited for this kind of appeal - But we are still awaiting a reply from them.

From the reading i've done on the net I have come to the assumption that due to a few legal reasons she is not obliged to pay the fine - Even though I've explained this to her she is still worried that she will get into serious trouble (i.e. court or bailiffs).

She is so worried in fact that she is close to paying the fine because she simply doesn't want the hassle. (Obviously now when she visits the car park she makes sure to request a permit). I've told her that because they are not the land owners they cannot impose these kinds of fines upon people - but due to the fact the permits / signage have their name all over them she does not believe me.

What would be the next steps that we need to carry out to appeal this fine? I've seen so much conflicting information so I just don't know where to turn. I don't want her to pay these cowboys a penny!

Thanks in advance for any advice!

Fruitcake

Do not pay it! It is not a fine.
Bailiffs cannot come round.

It is a pity she has contacted them already as she will probably given away that she was driving and therefore thrown away a valuably appeal point.

So, read the Sticky thread for NEWBIES and then appeal as driver. This will no doubt be rejected, but that is quite normal. What she needs to do is make a second stage appeal to PoPLA. Did she actually appeal the PCN or just say what happened. If it was an appeal she should get a PoPLA code.


Luckily Premier are BPA members are BPA members so it should be fairly easy to beat this at the second stage appeal to PoPLA, unfortunately without the usual winning point of a non POFA compliant notice to keeper.

L1ng

Will they consider a second email invalid due to already confessing that she was the driver of the vehicle + admitting that she might have been in the wrong?

I will follow the advise in the sticky - I'm just worried it might be too late!

Coupon-mad

After she had received the ticket she instantly sent an email to them explaining that she was a care worker and did not realise she was in the wrong (although I imagine this will not matter to them). Obviously not ideal because I have seen many email templates floating around on-line that are better suited for this kind of appeal - But we are still awaiting a reply from them.

So she has already appealed and given away who was driving? Ooops. But at least you know she appealed in time. No need to appeal again.

Never mind, tell her to come back when she has a POPLA code in a rejection letter. There's a second stage appeal, as explained in the NEWBIES sticky thread, and there are arguments to win that stage at POPLA (online but get advice and don't rush it) albeit she's thrown away the protection of appealing as 'keeper' not driver.

There is no point paying them, we do know how to win at POPLA in almost every case. The sum does not 'go up' it will be £100 or nothing and she can't realistically pay £60 and still appeal. So we say, appeal through POPLA as well and we'll assist before she submits that.

L1ng

Ok thank you! If in the rare case that POPLA does not rule in her favour does that mean that she would be expected to pay more than thats stated on the fine? I think one of the main reasons she wants to pay now is because the supposed fine will increase from 60 to 100 pounds if theres no resolution within 2 weeks.

Coupon-mad

If she loses it's £100, as I said, all or nothing. That's how any parking ticket works, even from Councils. The discount is a bribe not to appeal.

We say appeal, I've never lost one v PPS although I know someone who has (wasn't my wording & their POPLA evidence wasn't rebutted).

She should also ask her care employer to complain to the managing agents or she should do that herself along with the resident maybe countersigning the letter. Don't phone, such things as PCNs are not suitably dealt with by phone! Some managing agents of residential blocks will cancel these.

Fruitcake

In addition to the above, contact the landowner and explain what happened and ask them to get the ticket cancelled. Also see if your employer can ask the landowner to do the same. Explain to both that this will cause future problems if she has to park further away, reducing the amount of time she can give to the patient and therefore compromising the patient's care needs.

Fruitcake

L1ng wrote: »

Ok thank you! If in the rare case that POPLA does not rule in her favour does that mean that she would be expected to pay more than thats stated on the fine? I think one of the main reasons she wants to pay now is because the supposed fine will increase from 60 to 100 pounds if theres no resolution within 2 weeks.

Please get it into your head that this is not a fine. It is a speculative invoice, a scam that unfortunately still needs to be dealt with.

L1ng

I use the word fine very loosely! But thank you for your advise. How long does a POPLA appeal usually take to process?

Ralph-y

POPLA moved to the ombudsman service last Sept/Oct .... and as such the appeals are taking a long time .... as they get used to them ....early ones are now starting to come through ...

unless the PPC cancels after seeing a good appeal ........

Ralph:cool:

L1ng

"So, read the Sticky thread for NEWBIES and then appeal as driver. This will no doubt be rejected, but that is quite normal. What she needs to do is make a second stage appeal to PoPLA. Did she actually appeal the PCN or just say what happened. If it was an appeal she should get a PoPLA code. "

Would it be safe to post the exact response she sent (obviously removing any personal details)?

To me the email she sent was only explaining her actions - the fact that the visitor space was taken and she parked in another residents space (also included the contact details of her care company). It does not read like an appeal.

I guess we'll just have to wait and see if a POPLA code comes through so she can take her appeal to the second stage.