Premier Park - PCN Parked in Mothers Allocated Space in Residents Car Park at Flats

viper1984

Hi

My car received a PCN from Premier Park on 01/06/16 for ‘No permit on Display’. To summarise the situation, my car was parked at my mother’s flat in her allocated parking bay in the residents car park with no permit on display. However, I had my mother’s permission to park there and I believe she owns the space. The space is directly in front of the garage she also owns.

She hasn’t been able to check over her lease yet, though she said the land was ‘considered mine and mine alone’. I will add another post once I have the wording from the lease if that’s needed.

There are a couple of signs in the car park and they say ‘Warning. Private Land. This land is provate property. Entry & parking is only allowed under the following contractual terms & conditions as indicated below. Vehicles parking with a valid permit or ticket fully on display in the windscreen area. No exceptions. Park is a marked bay only where present. If you enter or park on this land contravening the above terms & conditions, you are agreeing to pay: Parking charge notcice (PCN) £100.00. All charges include VAT where applicable. An administration charge may apply for card payments. PCN will be issued manually or by post. You or the registered keeper of the vehicle via DVLA request may incur additional costs if any charge remains unpaid. PCN reduced to £60.00 if paid within 14 days. Terms & conditions in place at all times unless stated. Any images captured are used for parking enforcement purposes only. Managed by: Premier Park Limited, PO Box 624, Exeter, EX1 9JG. Tel: 0871 2319907’. I have a photo which I can upload if that's helpful?

I was looking to get some advice and confirmation of how to proceed with the PCN. I am also out of the country with no access to mail or email from 10th June for a week so would like to get this under control for my peace of mind while on holiday. If I can supply any further information which would be helpful, please let me know and I will do my best.

I will confirm the steps I should take below, but feel free to let me know not to and pay the £60 if I won’t be successful with an appeal.

I understand the first thing to do is wait three weeks before appealing to Premier Park without revealing who the driver of the car was. I would plan to do this online, let me know if there is any reason not to. I was literally going to use the appeal template on the newbies thread which I have copied and pasted below. Please let me know if I should make any adjustments.

I suspect this appeal will be rejected, so expect to receive a POPLA code. I will tackle this appeal letter later on.

Any tips, or advice on my situation would be greatly appreciated, so I thank you in advance.



1st APPEAL TO PREMIER PARK
Date


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 your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable 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 required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. I believe the driver may well be eligible for cancellation and you have omitted clear information about the process for complaints including a geographical address of the landowner.

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.

Yours faithfully,

Quentin

Accept that this won't be sorted by 10 June.

So don't rush with your appeal.

Read up in the newbies FAQ thread on the timescale for sending your appeal

viper1984

I understand it wont be sorted by 10 June. But I want to have my plan of action in place before then.

Having read the Newbies FAQ, there's quite a lot of information for different bodies/scenarios in there so I just wanted to confirm I had understood it correctly.

I believe it said to wait three weeks before sending the first appeal to Premier Park.

Sorry if I missed it, but I couldn't see any timescale for the POPLA appeal. Should it be a soon as you are ready? Is there a deadline?

Quentin

viper1984 wrote: »

I couldn't see any timescale for the POPLA appeal. Should it be a soon as you are ready? Is there a deadline?

The deadline is 28 days from the rejection of your initial appeal.

viper1984

Thanks Quentin.


Should I be appealing this or pay the £60? Or is further information, such as the lease wording, required before a decision can be made on that?

Quentin

No-one here will say pay!


Apart from following the advice in the newbies faq thread get your Mother to complain loudly to the relevant agents who have employed the services of premier and ask them to get it cancelled

Umkomaas

No one here will recommend you pay this - it can be fought and won by you.

You need to take your time and not impose your own unnecessary/unrealistic deadlines that will inevitably place pressure on you, with the danger of making costly errors.

A windscreen ticket should be appealed between days 22 (if by post) and day 26 (online/email) after the date of the parking event - use the method of sending the appeal precisely as per the PPC's instructions, include keeper's name and address, VRM and PCN ref number.

As per Quentin #4, POPLA appeal within 28 days of the date of the rejection letter from the PPC. The nearer the POPLA deadline, the better, as that takes you nearer the total number of days (56 after parking event) when keeper liability expires.

Don't panic!

viper1984

Thanks for your advice so far. My action plan now is...


1. Get exact lease wording. Plus ask mother to continue to complain to the managing agents.
2. 26 days after ticket issue date - send the appeal to PPC in my first post.
3. After PPC rejection, prepare POPLA appeal, check it over with people here.
4. 28 days after PPC rejection letter received, send POPLA appeal.


I will update here once I have anything to update.

Quentin

4. Make it 26/27 days and send it in online.

Umkomaas

Quentin wrote: »

4. Make it 26/27 days and send it in online.

Don't be constrained by the online portal's 2,000 character limit. Instead you develop a full POPLA appeal, then convert it to a .pdf file and attach it before submission. But all in good time........!

viper1984

Thanks again for your help. I will follow your advice.