Premier Park LTD PCN

Edna_Basher

Check out homaho's thread here:

https://forums.moneysavingexpert.com/discussion/5489111

This sets out the various steps in dealing with Premier Park (including a warning about the template letter they've just sent you in an attempt to trick you into revealing who was driving).

homaho has now updated this thread to include the final step in the process ........ of Premier Park throwing in the towel

Kiddo79

Thanks Edna Basher, thanks Castle. I will do nothing and wait for the POPLA code to arrive. Speak to you again in around 35 days

Kiddo79

Hello all, I have now received this email...

Dear me,

Re: Parking Charge Notice 1111111

We write to acknowledge receipt of your recent online appeal against the issuing of a Parking Charge Notice (PCN) to your vehicle for a breach of the advertised terms and conditions.

We have considered your comments, and after examining all the evidence relating to the issuing of this PCN, we are satisfied that on this occasion the charge was issued correctly and must advise that your appeal has been denied.

You have now reached the end of our internal appeals procedure.

If you would like to view our photographic evidence, please visit our website

You now have three options;

1. Pay the Parking Charge Notice at the 14 day reduced amount of £60.00 by 26th October 2016. Please note that after this time the PCN will revert to the original £100.00 charge. Payment can be made online at PCNPayments URL or you may send a cheque made payable to Premier Park Ltd.

2. Make an appeal to POPLA - The Independent Appeals Service, by completing the form which can be found at POPLA URL or write to POPLA - PO BOX 1270, Warrington – WA4 9RL. You will require this unique POPLA verification code 11111111. If you wish to appeal to POPLA, you will lose the right to pay the charge at the discounted rate of £60.00 and should POPLA’s decision not be found in your favour, you will be required to pay the full amount of £100.00. Your appeal to POPLA must be submitted within 28 days from the date of this email. For more information regarding making an appeal to POPLA, please visit POPLA URL.

By law we are also required to inform you that Ombudsman Services provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such, should you wish to appeal then you must do so to POPLA, as explained above.

3. If you choose to take no action, we will seek to recover the monies owed to us via our Debt Recovery Service and this may result in proceeding with legal action against you or the Registered Keeper of the vehicle. Please note we will seek to recover all unpaid charges through the use of the Protection of Freedoms Act (PoFA) 2012, Schedule 4 – Collection of Unpaid Parking Charges.

So they have given me a POPLA code. What's the next step please?

Thanks in advance

Coupon-mad

So they have given me a POPLA code. What's the next step please?

Search this forum board for 'Premier POPLA' and win on 'no keeper liability'! Easy. Show us your draft from the results of your search.

Fruitcake

Kiddo79 wrote: »

Hello all,

They have replied!

"Dear me,

Re: Parking Charge Notice xxxxxx

We must therefore request that the details of the driver of the vehicle at the time of the contravention are supplied; this must include their full name and serviceable UK postal address. If you are unwilling or unable to provide these details the registered keeper of this vehicle will remain liable for this PCN. This information should be provided by 28th September 2016.

If we do not receive this information by the date given, the registered keeper of the vehicle at the date of event will be held liable.


Please can someone advise what I do next? There is no POPLA code I noticed...

You should complain to the BPA and DVLA about them demanding the driver details. They actually say that you "must" give them this information. That is a lie. The DVLA told the BPA to tell their members not to request driver details so you should complain that it is still happening.

Kiddo79 wrote: »

Hello all, I have now received this email...

Dear me,

Re: Parking Charge Notice 1111111

We write to acknowledge receipt of your recent online appeal against the issuing of a Parking Charge Notice (PCN) to your vehicle for a breach of the advertised terms and conditions.

We have considered your comments, and after examining all the evidence relating to the issuing of this PCN, we are satisfied that on this occasion the charge was issued correctly and must advise that your appeal has been denied.

You have now reached the end of our internal appeals procedure.

If you would like to view our photographic evidence, please visit our website

You now have three options;

1. Pay the Parking Charge Notice at the 14 day reduced amount of £60.00 by 26th October 2016. Please note that after this time the PCN will revert to the original £100.00 charge. Payment can be made online at PCNPayments URL or you may send a cheque made payable to Premier Park Ltd.

2. Make an appeal to POPLA - The Independent Appeals Service, by completing the form which can be found at POPLA URL or write to POPLA - PO BOX 1270, Warrington – WA4 9RL. You will require this unique POPLA verification code 11111111. If you wish to appeal to POPLA, you will lose the right to pay the charge at the discounted rate of £60.00 and should POPLA’s decision not be found in your favour, you will be required to pay the full amount of £100.00. Your appeal to POPLA must be submitted within 28 days from the date of this email. For more information regarding making an appeal to POPLA, please visit POPLA URL.

By law we are also required to inform you that Ombudsman Services provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such, should you wish to appeal then you must do so to POPLA, as explained above.

3. If you choose to take no action, we will seek to recover the monies owed to us via our Debt Recovery Service and this may result in proceeding with legal action against you or the Registered Keeper of the vehicle. Please note we will seek to recover all unpaid charges through the use of the Protection of Freedoms Act (PoFA) 2012, Schedule 4 – Collection of Unpaid Parking Charges.

So they have given me a POPLA code. What's the next step please?

Thanks in advance

Use you PoPLA code to make an appeal. This is explained in the NEWBIES thread that you say you have read.

Read the latest successful appeals in the POPLA Decisions sticky thread and use all the relevant points you can find. This will include at least, not the landowner, no standing to issue charges, Non POFA compliant NTK, inadequate signage.

Kiddo79

Coupon-mad wrote: »

Search this forum board for 'Premier POPLA' and win on 'no keeper liability'! Easy. Show us your draft from the results of your search.

Hi Coupon-mad and others... Is this what I'm ultimately aiming for against Premier Parking?

"After reviewing the evidence provided in relation to this case, I am not satisfied that the driver of the vehicle has been identified. In order for the operator to transfer liability for the charge from the driver of the vehicle, to the registered keeper, they must comply with the strict requirements set out in the Protection of Freedoms Act 2012 (PoFA). The operator states that they are pursuing the keeper of the vehicle, using the provisions laid out in PoFA. The notice to keeper sent will need to comply with section 9 of PoFA, 2012 that states that the creditor must ‘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 operator has provided photographic evidence of the Notice to Keeper issued to the appellant. The Parking Charge Notice (PCN) is not compliant with the requirements of PoFA set out above, in order to transfer liability to the keeper."

If it is I'm a little worried as my initial NTK states 29 days and not 28. Any advice welcome. I will post my draft appeal in due course. Essentially I'm basing it on Grace Periods as laid out in the BPA COP but if Premier are losing all their cases on the above I will be sure to mention it!! Many thanks again, I'm really hoping this will be successful!

Coupon-mad

No, you are not looking to quote POPLA so forget that, as such, although yes that's what you are aiming to hear from POPLA.

You have missed today's threads then - sorry but I'm not repeating the 'Premier Park flaw' within two hours of posting about it yet again! It is literally all over the forum in every person's POPLA appeal and repeated by me in a post this afternoon.

Kiddo79

I don't mean I will quote POPLA, I mean that this would be the expected outcome from the appeal should my appeal deal with No Keeper Liability.

Fruitcake

Kiddo79 wrote: »

I don't mean I will quote POPLA, I mean that this would be the expected outcome from the appeal should my appeal deal with No Keeper Liability.

Yes, but keeper liability shouldn't be your only appeal point.

Kiddo79

Being Premier Park I presumably I need to get something like this into my appeal....?

"I set out below a non-exhaustive list of reasons why Premier’s Notice to Keeper failed to do so.
• Schedule 4, Paragraph 9 of PoFA states the PCN must (9f) 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 PCN issued to the appellant 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.“

This does not fully meet the requirements of PoFA as, by informing that it can seek to recover payment after 28 days, Premier has failed to meet section (9f) as this 28 day period will not begin until the day after the notice is given. This point was successfully used on appeal under POPLA Code – 6662515562 in March 2016."

I had read this earlier and read through POPLA decisions sticky thread. I'm just getting myself a bit confused by it all.