Little bit of advice needed before I appeal

goneparkingmad

HI all,
I have read the ' Newbies' section first and just want to be sure i am doing this right. I have received a PCN from Premier Park over the weekend in the post and have a charge notice for £100 pounds. I overstayed only 12 mins. I know the PP are members of BPA and hence that i should appeal to PP first with a letter template as suggested on your posts above. I have also looked at the PCN and compared the wording to that of the POFA Act 2012 paragraph 9

6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.

So the supposed parking notice was relating to the 6th July and the notice was issued on the 13th July but I didn't receive it until the 16th July ( which according to the above) I should have received it the second working day after it was posted.. is this something I can put in on a basis of no keeper liabilty (the NTK is not valid because of the above?) I have a receipt from a retailer where i was parked and also would plead that for overstaying 12 mins on the private land is not commercially justifiable for a fee of £100 pounds.

Please can someone reassure me that this is how i go about this.. Im fully expecting to get a POPLA code to appeal to them as 12 mins overstay is in my opinion not warranted by a charge of £100.. £1 maybe..

Thanks for your assistance.. and I hope to send in my appeal to them online as soon as I hear back fro you all.

Coupon-mad

No need to worry about the dates. Premier Park wording of the NTK has a flaw about the 28 day period. See jimmy teabags thread for his eventual correct POPLA decision!

I have a receipt from a retailer where i was parked

DO NOT DO NOT add that...kind of obvious why not! Just send the template, call yourself 'keeper' (NOTHING about 'who parked'!) and be ready at POPLA stage to point out the '28 day period' wording flaw in the NTK, along with other points.

Premier Park don't give a fig about receipts. But the retailer will, you should complain about this fine to the Store Manager, some of them can cancel these charges.

goneparkingmad

OK thanks for this, do i edit that letter and put in Premier Park Ltd where in Italics is says Parking Eye Ltd v Beavis?

Coupon-mad

No, you do not change the Beavis case to 'Premier Park'!

goneparkingmad

Have received the reply, ( by email) stating the act and section 4 and demanding the drivers details in 14 days. So know i know i wait for a rejection and popla code.. will wait for this now and have no intention of giving them driver details. Will investigate and get some pictures of signage today Thanks for your help.

beamerguy

goneparkingmad wrote: »

Have received the reply, ( by email) stating the act and section 4 and demanding the drivers details in 14 days. So know i know i wait for a rejection and popla code.. will wait for this now and have no intention of giving them driver details. Will investigate and get some pictures of signage today Thanks for your help.

Premier Park are living with the fairies, they cannot demand anything, they are only a simple parking firm.

Wait for your code and see them off at POPLA

Half_way

who's car park was/are premier park infesting?

goneparkingmad

Chandlers Ford one behind the Friern Arcade. I appealed above as CouponMad said to with standard template letter.. got rejection a day later saying they needed the drivers details etc and that have until 2 Aug to provide these details or the region keeper becomes liable. I haven't been given a popla code so what do I do now?? Thanks

Redx

you wait for the rejection and POPLA code , as explained earlier

Edna_Basher

You have just received Premier's standard template letter which they use to try to trick the keeper into revealing the driver's details.

Do not reply to this letter; Premier's standard template rejection letter (with POPLA Code) will follow in due course.

goneparkingmad

HI All,
A standard letter by email was received saying to give the the drivers details from Premier park on the 19th July. They said this needed to reach them by 2nd Aug or the registered keeper would be made liable. I have not had a reply and it is now a week later. I will be heading off on honeymoon at the end of the month and am wondering how to handle things now as I will not be back in the country until mid September. Don't want to arrive home to a nasty letter. Any advice appeciated.