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

Fruitcake

Start with numbered bullet points, for example something like

1 Non compliant NTK.
2 Not the Landowner
3 No authority ....

You wish to appeal to PoPLA "as keeper."

You have admitted you were driving following (my mother.) Get rid of that line NOW!

Remove the bit about a ruler. This is actually telling you to take a picture of the sign and use a ruler to show the font size does not meet the CoP.

Fruitcake

Quote the relevant part of the lease with regard to parking.

DollyDee_2

You have headed your appeal "UKPC Ref No" - should be Premier Park.

viper1984

Thank you both for your feedback and for taking the time to read over it. I have made a couple of updates and this is what I will send unless anyone suggests how to improve it further.


I will add in the lease wording or a copy of it once I receive it.






Premier Park Reference Number: xxxxxxxxxxx
POPLA REF: XXXXXXXXXX

Dear POPLA Assessor,

I wish to appeal to POPLA as keeper.

At the time in question the vehicle was parked in the space allocated to the landowner (my mother). My vehicle has 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. NTK not compliant with the PoFA
2. Keeper liability not established
3. No valid contract with landowner
4. No authority
5. Permission was granted
6. Inadequate Signage


#1 NTK not compliant with the PoFA
The driver has not been identified as per the requirements of PoFA 2012. Schedule 4, Paragraph 9 of PoFA states the Notice to Keeper must;


“9(2)(f) warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given —
(i) the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and
(ii) the creditor does not know both the name of the driver and a current address for service for the driver,
The creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;”


The Notice to Keeper issued states “If within 28 days we have not received full payment or driver details, under Schedule 4 of the Protection of Freedoms Act 2012, we have the right, subject to the requirements of the Act, to recover the parking charge amount that remains unpaid from the keeper of the vehicle. “


Premier Park have not fully met the requirements of PoFA as by informing it can seek to recover payment after 28 days, it has failed to meet section (9f) as this 28 day period will not begin until the day after the notice is given.


#2 Keeper liability not established
The Notice to Keeper letter does not establish keeper liability as per PoFA 2012 Schedule 4, paragraph 4(2)(a) and the following has not been complied with.
“8(2)(a) specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates.” The period of parking is not shown, only the date it was parked.
“8(2)(c) state that a notice to driver relating to the specified period of parking has been given and repeat the information in that notice as required by paragraph 7(2)(b), (c) and (f).” There is no acknowledgment that the driver was informed of the requirement to pay charges.
“8(2)(e)(i) state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—to pay the unpaid parking charges; or” The keeper is not invited to pay the unpaid parking charges.
“8(2)(g) inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;” No discount is offered for prompt payment, and there are no references to any arrangements for the resolution of disputes.


#3 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.


#4 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.


#5 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.


#6 Inadequate Signage
There is no chain of authority from the landowner (my mother) to Premier Park, so no standing; that even if they did have standing, their signage was forbidding and did not make a contractual offer to motorists not displaying a permit. The font size on the signage is too small to be easily seen when entering the premises. The signs are not lit, making them hard to see during nighttime hours.

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. I attach a photo of the Notice to Keeper letter and of the sign displayed in the car park.


Yours faithfully,


{Name of Keeper}

viper1984

Appeal submitted. Will update here once I know more.

viper1984

I received an email from POPLA today. Good result!

"Thank you for submitting your parking charge Appeal to POPLA.

An Appeal has been opened with the reference 6661946028.

Premier Park have told us they do not wish to contest the Appeal. This means that your Appeal is successful and you do not need to pay the parking charge.

Yours sincerely

POPLA Team "

Thanks for everyone on this forum that helped me out, it was greatly appreciated. I hope my example appeal letter can benefit others too. If you want to leave anymore information to assist others in future just let me know.