Premier Park Ltd - Exeter

Umkomaas

Or antagonise them!

The chance you take. No other answer, I'm sorry (almost said 'I'm afraid', but that's definitely not me!).

freester

Well Premier Park didn't waste any time chasing up the payment.

Standard scare tactics letter from them today.

Referencing Beavis case as a legally binding precedent.

Also stating that if they don't get payment by 25th they will start court proceedings to recover. And I quote

Should judgement be awarded in our favour this may affect you ability to obtain credit in the future.

Lies

The decision of the independent adjudicator will form part of our case in these proceedings.

I hope they do because the adjudication was hopeless!

thorfan

You're about 6 weeks behind me... the next one you'll receive will be an 'Offer to settle to avoid court proceedings'. That one apparently is to comply with 'all aspects of pre-action protocol', (though there is no mention of what that means) and they very kindly finish with '...sent without prejudice'.

Whoops...I failed to pay it three weeks ago. :-)

freester

So I got my

Offer to settle to avoid court proceedings

letter this weekend. I like the way they keep on about how the POPLA decision will form part of the court poceedings.

I am seriously tempted to send them one letter. Saying along the lines of...

- Thanks for your letters dated xxxxx
- Since submitting my POPLA appeal I have subsequently familiarised myself with the BPA Code of Practice and the Parking Eye vs Beavis case.
- I have determined that the signage at the entrance to the Private Land did not meet the BPA CoP's guidelines and would be regarded as insufficient. A key point of the Supreme Court's judgement in the Beavis case was the clear signage which could not have been missed.

- I intend to fully and vigorously defend any claim brought by yourselves to County Court.

- I will not enter into any further correspondence until I have received a Letter Before Action...



Sooooo. Worth a try? Or red rag to a bull? My thinking is this lot don't do court very often. So surely it's only for multiple tickets where it would be financially worth their while to go to court.

Or just keep ignoring?

Umkomaas

Here's their record of court appearances over the past couple of years. The numbers don't necessarily mean parking cases, nor do they mean that Premier were the claimant (they could have been the defendant).

http://www.bmpa.eu/companydata/Premier_Park.html

You could fire that letter into them to warn them that you won't be low hanging fruit. I wouldn't worry about 'red rag to a bull', it's two fingers to a bully!

Coupon-mad

I agree, respond robustly so they do not see you as an easy target.

freester

Cheers both. I 'manned up' and popped a robust response in the post this morning.

freester

Got a response from ISPA today...

Dear Freester,

Thank you for your email dated 29 April 2016 regarding the appeal
decision you received. Our director is currently on leave and I am
writing to you in her absence to inform you of the outcome of your case
review.

One of our Independent Assessors, Nick Price, has investigated your
complaint and looked at the processes applied to your appeal. He has
assessed that the correct processes were followed, which led to a fair
outcome.

The issues you raised have been noted and thank you for bringing these
to our attention.

Best wishes,


Elspeth Bramley

Board Secretary to ISPA

Coupon-mad

As Thorfan said, then, we are meant to be psychic which is why a War and Peace 'scattergun' POPLA appeal can be a good thing:

thorfan wrote: »

Popla are now assuming that we are all psychic and can anticipate problems with the PPC evidence packs. The fact that the PPCs see our appeals and then provide evidence packs means the process is slanted against us.

:mad:

freester

"We are supposed to be psychic" :rotfl: