Premier Park PCN

737Flyer

Hello Guys

I am the registered keeper of a vehicle which I was not the driver at the time and have received a PCN from Premier Park for parking in a car park which used to be free until recently (not sure how long, perhaps a year or so), the vehicle was parked there at night for around 30 mins.

I have sent the following as an appeal through the online appeal system:

Dear Sirs

Re: PCN No. ******

I challenge this 'PCN' as keeper of the car and I will complain to the landowner about the matter if it is not cancelled.

I believe that the signs were not seen and the terms unclear to drivers before they park. Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as I believe the driver may well be eligible for cancellation.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

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

I have received a reply which states:

Dear Sir,

Re: Parking Charge Notice ******

We write to acknowledge receipt of your recent online appeal regarding the issuing of the above Parking Charge Notice (PCN).

We note your comments and must refer you to the Protection of Freedoms Act (PoFA) 2012, Schedule 4 - Recovery of unpaid Parking Charges. This is available to view online at:

http://www.legislation.gov.uk/ukpga/2012/9/schedule/4

We must therefore request that the details of the driver of the vehicle at the time of the contravention are supplied; this must include their full name and serviceable UK postal address. If you are unwilling or unable to provide these details the registered keeper of this vehicle will remain liable for this PCN. This information should be provided by ** ****** 2016.

We are unable to contact the DVLA on your behalf and we would therefore advise you to contact the DVLA directly regarding this matter.

If we do not receive this information by the date given, the registered keeper of the vehicle at the date of event will be held liable.

If you would like to view our photographic evidence, please visit https://www.pcnpayments.com

Please respond by return or by filling in the Transfer of Liability form on the reverse of the PCN and posting it to Premier Park, PO Box 624, Exeter, EX1 9JG.
*****************************************************

I write to ask, what should be my next course of action?
Should I reply?

Thank you all.

pappa_golf

was the NTK received between days 29 and days 56 of the "offence" , or was it early/late?

Edna_Basher

Hi 737Flyer

This is a standard letter which Premier Park use to try to trick the registered keeper into giving them the driver's details.

You just need to sit tight for now - you'll receive Premier Park's standard rejection letter in a couple of weeks' time. This will include a POPLA code and the good folk on this forum will then be able to help you to craft a winning POPLA appeal.

Was the PCN based on ANPR evidence and delivered by post as a Notice to Keeper or was it originally issued as a Notice to Driver at the time of the incident (as pappa golf has inferred)? It would be useful to know the date of the incident and the date that the PCN was issued.

Premier Park's Notices to Keeper do not comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012; this will be top of the list of the points in your appeal to POPLA (as registered keeper).

737Flyer

Hi Guys

Thank you for your advice, it is very much appreciated.

The PCN is based on ANPR evidence and delivered by post as a NTK.

Date of incident 18/3/16
Date of Issue 24/3/16
Letter received 1/4/16

Best regards

Coupon-mad

OK Dokey, sit tight and come back here when the keeper gets their POPLA code.

While you are waiting, take several photos of the signs IN THE DARK, showing how pitch black & illegible they are, the fact there is no ambient lighting.

Oh, then a daylight photo or three, with a ruler or tape measure to show how small the typeface is on the signs even in the daytime.

This is why, you will need signage evidence to be the first point of your POPLA appeal (I say before the NTK POFA allegations)*:

https://forums.moneysavingexpert.com/discussion/comment/70365057#Comment_70365057

https://forums.moneysavingexpert.com/discussion/comment/70382215#Comment_70382215


*because POPLA do not agree that it is non-compliant, see the decision above which dismissed that but liked the tape measure argument.

The_Deep

We must therefore request that the details of the driver of the vehicle at the time of the contravention are supplied; this must include their full name and serviceable UK postal address

You should put them tight about this. Drivers' addresses do not have to be in the UK. Copy to BPC/IPC.

737Flyer

Hello Guys

I now have the rejection letter from Premier Park along with the POPLA code, I'm not sure how to go about writing to POPLA, can anyone help please? Thanks.

737Flyer

This is the notice from Premier Park:

Re: Parking Charge Notice ******



We write to acknowledge receipt of your recent online appeal against the issuing of a Parking Charge Notice (PCN) to your vehicle for a breach of the advertised terms and conditions.

We have considered your comments, and after examining all the evidence relating to the issuing of this PCN, we are satisfied that on this occasion the charge was issued correctly and must advise that your appeal has been denied.

You have now reached the end of our internal appeals procedure.

If you would like to view our photographic evidence, please visit https://www.pcnpayments.com

You now have three options;

1. Pay the Parking Charge Notice at the 14 day reduced amount of £60.00 by **th April 2016. Please note that after this time the PCN will revert to the original £100.00 charge. Payment can be made online at https://www.pcnpayments.com or you may send a cheque made payable to Premier Park Ltd.

2. Make an appeal to POPLA - The Independent Appeals Service, by completing the form which can be found at https://www.popla.co.uk or write to POPLA - PO BOX 1270, Warrington – WA4 9RL. You will require this unique POPLA verification code **********. If you wish to appeal to POPLA, you will lose the right to pay the charge at the discounted rate of £60.00 and should POPLA’s decision not be found in your favour, you will be required to pay the full amount of £100.00. Your appeal to POPLA must be submitted within 28 days from the date of this email. For more information regarding making an appeal to POPLA, please visit https://www.popla.co.uk

By law we are also required to inform you that Ombudsman Services (https://www.ombudsman-services.org/) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such, should you wish to appeal then you must do so to POPLA, as explained above.

3. If you choose to take no action, we will seek to recover the monies owed to us via our Debt Recovery Service and this may result in proceeding with legal action against you or the Registered Keeper of the vehicle. Please note we will seek to recover all unpaid charges through the use of the Protection of Freedoms Act (PoFA) 2012, Schedule 4 – Collection of Unpaid Parking Charges.

Fruitcake

The_Deep wrote: »

We must therefore request that the details of the driver of the vehicle at the time of the contravention are supplied; this must include their full name and serviceable UK postal address



You should put them tight about this. Drivers' addresses do not have to be in the UK. Copy to BPC/IPC.

As advised here, complain to the BPA that this is a misrepresentation. The address must be a serviceable address where the keeper an be contacted. It does not have to be a UK address.

Check your PoPLA code is valid on the Parking Cowboys website. If it is not, complain to the BPA and wait for them to sort it out.

If it is valid, check out the successful appeals in the POPLA decisions thread and those linked in Post 3 of the NEWBIES thread. Pick the best bits that apply to your case then post your draft appeal here. Only use recent successful appeals from this year.

Coupon-mad

Coupon-mad wrote: »

OK Dokey, sit tight and come back here when the keeper gets their POPLA code.

While you are waiting, take several photos of the signs IN THE DARK, showing how pitch black & illegible they are, the fact there is no ambient lighting.

Oh, then a daylight photo or three, with a ruler or tape measure to show how small the typeface is on the signs even in the daytime.

This is why, you will need signage evidence to be the first point of your POPLA appeal (I say before the NTK POFA allegations)*:

https://forums.moneysavingexpert.com/discussion/comment/70365057#Comment_70365057

https://forums.moneysavingexpert.com/discussion/comment/70382215#Comment_70382215


*because POPLA do not agree that it is non-compliant, see the decision above which dismissed that but liked the tape measure argument.

See above.

I am the registered keeper of a vehicle which I was not the driver at the time and have received a PCN from Premier Park for parking in a car park which used to be free until recently (not sure how long, perhaps a year or so), the vehicle was parked there at night for around 30 mins.

Did you get some photos to embed in your word document in your appeal point about signs not legible in the dark? Or to attach separately as photos when you attach your appeal PDF online to POPLA.

Did you get pics showing the signs are not lit AND the words (particularly the £100) are not in large lettering, by putting a ruler or tape measure next to them? You may have to do that bit in daylight, and separate pics with NO flash, at night.

Even better is a little video by a passenger holding a phone - or using a dashcam - showing the view from a car at night, in the dark as it drives in and parks and no signs are prominent despite the headlights which obviously, do not point up nor light up signs on side walls.

Look at recent POPLA appeals from this week such as here:

https://forums.moneysavingexpert.com/discussion/comment/70501434#Comment_70501434

HTH

737Flyer

Hi Coupon Mad

Ys I have all the pictures, however I am unsure of the text to add to the appeal, thanks.