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

viper1984

I received my POPLA code via email from Premier Park today.


I will start working on my appeal and then post it on here for any feedback.

Coupon-mad

Great, search the forum for 'Premier Park POPLA' and find one with the issue of the '28 days' wrongly stated in the NTK, hence no keeper liability, comparing the wording to paragraph 8 of the POFA Schedule 4. There is one in 'POPLA Decisions' but the best way to find it is in fact, not to look in that thread (needle in a haystack!) instead, just search for the right keywords and read the results.

Copy from that sort of example already written, and amend it to make sense for your case.

You could also search 'permit POPLA trespass' to find suitable POPLA permit appeals (not just Premier Park ones) made recently. Make a hybrid version using the best bits of both types of appeal.

viper1984

Wouldn't the NTK be the reminder letter I got through the post on 8th July? Apologies if I have got mixed up

Coupon-mad

First letter, would be called a Notice to Keeper or Owner, dated about one month after the PCN so yes, that timing sounds right. You can tell by reading it...you should find the same flaw as mentioned in the POPLA appeals made v Premier Park in recent months/weeks. Do the suggested searches first and you will see.

viper1984

Here are the two emails and one letter I have received so far. Is the third one, the letter, a NTK?

Coupon-mad

Yep - and you can see the omissions in the Notice - easy to spot when you read the threads stating what is wrong with these 'reminders' which are not compliant with the POFA. Search 'Premier Park POPLA' and get reading the forum for a few days or a week or so, putting together your own draft POPLA appeal.

Oh, delete the middle image as it shows your POPLA code, keep that to yourself until you've won, then tell us the code to quote to help others.

viper1984

Thanks for the tip, I had forgot to remove the POPLA code. I have started on a appeal draft. Will continue to add and refine it then will get it on here to get some feedback.

viper1984

Good morning. I have a first draft of my POPLA appeal. Any feedback would be appreciated.


Regarding non compliant parts of the NTK, I went through Schedule 8 of the POFA 2012 and could only really see the one item that was not complied with for sure. Some of the others I was unsure of, so haven't included them.




UKPC Reference Number: xxxxxxxxxxx
POPLA REF: XXXXXXXXXX

Dear POPLA Assessor,

I am writing this letter with regards to the parking charge posted upon my vehicle by Premier Park. I wish to appeal to POPLA as Premier Park have already turned down my appeal.

At the time in question the vehicle was parked in the space allocated to the landowner (my mother). I have her express permission to park there.

The parking charge as requested by Premier Park is incorrect and I challenge it on the following grounds:

#1 No genuine pre estimate loss
Permission to park in this location is not given in return for a parking charge (parking is free). The landowner is the lawful occupier of the land and has made no loss.
The charge of £100 is being sought for an alleged breach of the parking terms namely “no permit on display”. The landholder does not require my vehicle to display a permit to park on the land they lawfully occupy. Consequently I contend and the BPA code of practise states, a charge for breach must be based on the genuine pre estimate of loss. The Office of Fair Trading stated to the BPA that a 'parking charge' is not automatically recoverable simply because it is stated to be a parking charge, as it cannot be used to state a loss where none exists. This case involves a private parking area for residents with allocated spaces and full authorisation for the vehicle to be parked in the allocated space, there is no loss to anyone.

#2 No valid contract with landowner
The Operator does not own the land in question and has provided no evidence they are lawfully entitled to demand money from a Driver or Keeper. They own neither proprietary or agency rights and hold no title or share of the land. I know that they do not have the necessary legal capacity to enter into a contract with a Driver of a vehicle parking there or to allege a breach of contract in their own name as creditor. Therefore there is no contract between the keeper and Premier Park Ltd.


#3 No authority
Premier Park does not own the land they operated on. My mother, the leaseholder, owns the land. She has had no contact with Premier Park, and therefore has not given authority for Premier Park to operate on her property.


#4 Permission was granted
The vehicle was parked in the designated bay with full permission and authority from the designated owner of the parking bay. The landowner of the property, my mother, is the designated owner of the bay. This supersedes any terms and conditions on the signage. The landowner, and guests given permission to use the landowners space, have a right to peaceful enjoyment of that space.

#5 Keeper liability not established
PoFA 2012. Notice to Keeper letter invalid; condition set out in paragraph 2a of Schedule 4 has not been complied with. Notice to Keeper letter did not contain; Schedule 8 paragraph 2a - The period of parking is not shown, only the date it was parked.

I require that Premier Park provide POPLA with an unredacted copy of the actual contract with the landowner (not a lessee or managing agent). My mother has no contract with Premier Park, nor a requirement to display a permit. In fact, agents working for Premier Park are trespassing on the landowners property by entering the allocated parking bay without the landowners permission.

This concludes my POPLA appeal.




Yours faithfully,




{Name of Keeper}

Umkomaas

Ditch GPEOL - virtually redundant since Beavis, and in any case you're quoting from an old, now superseded BPA CoP.

What about a 'signage' appeal point?

Are you sure that's the only PoFA non compliance? Have you checked the NtK against the following?

http://www.parkingcowboys.co.uk/keeper-liability/

Check the NtK pedantically, the PPC has to comply absolutely with every requirement, to the letter.

Fruitcake

Keeper liability is irrelevant as you admitted you were the driver in line 2. I see that you appealed initially as keeper. Have you since told them you were driving? If not, ditch that line in order to use non POFA compliant NTK.

You should have an appeal point about inadequate signage backed up by (your) photos to show they are inadequate.