PCN from Premier Park

Coupon-mad

I think I would add here:

Hence we now ask the landowner, Grosvenor Casino, who have hired Premier Park to look after their car park on their behalf, to instruct them to cancel the PCN which was unfairly issued and where our right to appeal has been unfairly denied. I remind you that as the company who contracted with this parking firm, you remain at all times liable for the actions of this notorious company that you have appointed as an agent.

NeilJM

Hi Coupon-mad, I had already sent it before your post, but thanks.

Anyway a New Years update, I have had a reply from Grosvenor Casino which is a "we are looking into it" reply, which is something I suppose.


[FONT=Arial, sans-serif]Dear,[/FONT]

Thank you for your email.

We have passed your comments on regarding the conduct of the parking company to investigate the matters that you have stated.


For clarification no decision will be made regarding your parking ticket at this time and you are still liable for this charge, unless can be disputed with the parking company directly.


If it is found that the conduct is unsatisfactory or that they are not complying with regulations then the decision would be made to re-in burse you for the costs.

Thank you for contacting us, if you ever need us again we are open 24hours a day on either live chat, email or telephone

[FONT=Arial, sans-serif]Yours sincerely,[/FONT]



[FONT=Arial,Sans-Serif]Customer Service Team[/FONT]



I also had a reply from BPA, which I had taken as "tough you shouldn't have parked there", which misses the point entirely and suggests they haven't actually read my email proparly.


Dear,

Thank you for your email.

The BPA is a membership association and not a regulator and therefore has no legal authority over members.

As we are not a regulatory body we are not set up to deal with disputes from the general public about parking or control and the Code does not provide a way for a driver to challenge how a landowner or operator has applied parking control or enforcement of private land.

In reviewing your email we can offer the following guidance which you may find helpful;

When a motorist chooses to enter and leave his vehicle on a private car park, private road or section of private road he is deemed to have entered into a contract. The terms, conditions and charges as advised on the signage at the site, then apply.

The charges, terms and conditions are determined by the private landowner, who then contracts the parking operator to manage the land on his behalf. The terms, conditions and charge for a breach, as displayed on the signage at the site are used by the private parking operator to determine whether a breach has occurred. The operator will issue a parking charge notice on this basis (as a breach by the motorist).

If you wish to appeal the parking charge notice, an appeal must be submitted within 28 days of the date of the notice. The appeals process as outlined on the notice should be followed. If the appeal is rejected by the parking operator, you may then wish to appeal to the Parking On Private Land Appeals (POPLA). The operator will include a verification code on the appeal outcome letter that can be used to submit a POPLA appeal.

When a charge remains unpaid or appealed (either to the parking operator and or POPLA) the parking operator may pass the charge to a debt recovery agent who will add their charges increasing the amount due. This is per the collection process.

Section 13.2 of our Code of Practice states as follows:

“You should allow the driver a reasonable ‘grace period’ in which to decide if they are going to stay or go. If the driver is on your land without permission you should still allow them a grace period to read your signs and leave before you take enforcement action. The above then allows a reasonable time for the motorist to enter the parking area, read the terms of conditions of parking and decide whether or not to stay and use the area. If staying, he is deemed to be agreeing to the advertised terms and conditions of parking. “

We do not define the ‘reasonable time’ given at entering, as this will vary dependent on the size, layout and design of the parking area and subsequently this will vary from site to site.

The BPA carry out annual audits of our members’ car parks to ensure that our Code of Practice is adhered to.

After reviewing the information you have provided, I cannot advise there to be a breach of the Code in this instance. You may wish to address any further queries to the parking operator directly to enable them to look into the matter further.

Yours Sincerely,


AOS Investigations Team
British Parking Association



So that is where I currently am with this.

NeilJM

Unfortunately I am back here again.

I contacted Grosvenor Casino for an update yesterday, I gave them two weeks which is more than enough time, and they came back with what they replied with initially.

Good Afternoon Mr........

Thank you for your email of 17 January 2017.

Further to our communication on the 3rd January, any dispute with regards to this parking charge will need to be taken up directly with the parking company.

We are unable to comment further on the charge that you have received.

Kind regards

I will reply with what Coupon-mad suggested I should add last time, but what else can I do to try and push them in the right direction?

Also, what should I do with the reply I received from BPA above, as far as I can tell, it doesn't really say anything substantial.

Thanks.

NeilJM

Well, I really don't know where to go from here, I assume it'll just be waiting for the court documents.

This was Grosvenor Casino's reply today:

[FONT=Arial, sans-serif]Dear Mr,[/FONT]

Thank you for your email dated 19/01/2017

We have reviewed your case fully and any dispute with regards to the PCN 474306 will need to be taken up directly with the parking company.

We are unable to comment further on the charge that you have received. and any further communication or correspondence will need to be sent to Premier Park Ltd directly at this address given below


Appeals Department, Premier Park Limited, PO Box 624, Exeter, EX1 9JG.


[FONT=Arial, sans-serif]Yours sincerely,[/FONT]

[FONT=Arial,Sans-Serif]Customer Service Team Manager[/FONT]
[FONT=Arial,Sans-Serif]Grosvenorcasinos.com[/FONT]

.

Do I try sending another appeal in to PP or is that totally futile?

.

Marie101

How are you getting on?
I have also received a fine today for failure to display permit by premier park. I have been reading several forums and my friends say I should pay, however I'm unsure of what to do? Any help would be greatly appreciated.
Thank you

Umkomaas

Marie101 wrote: »

How are you getting on?
I have also received a fine today for failure to display permit by premier park. I have been reading several forums and my friends say I should pay, however I'm unsure of what to do? Any help would be greatly appreciated.
Thank you

1. Not a fine.

2. Read the NEWBIES FAQ sticky.

3. Ignore your friends; 'friends' nearly always get it wrong, then disappear when things go pear-shaped as a result of their 'advice'.

4. Please start your own thread if after reading the sticky you need any further advice. Please note that the sticky cannot be skim read and understood in 5 minutes. You do need to have worked carefully through it to be in a position to shake off this charge.

NeilJM

So after considering banging my head against a wall forcefully I have re-read the Newbies thread to see if there were any clues as what I can do next, from that I assume the only thing I can do it send a stronger message to PP to state an appeal should be accepted and a POPLA code sent out and that is it.

Should I tell them I have been in contact with the landowner (although I assume they already know)?

I appreciate everybody's help previously, I'm hoping someone with a bit more experience may give me a hint that my planned path with this is still in the right direction.

Thanks.

Umkomaas

It's probably beyond retrieval now with the PPC. Once they place things out with debt collectors they've pretty much washed their hands with things, unless or until they start court proceedings at some stage.

There's nothing left in your arsenal now the landowner has washed his hands of this, so it's fall into the pre-PoFA 2012 for you of ignoring anything the debt collector sends you. The only thing to Act on is a LBA, or court papers. It's impossible to predict what the PPC might do between now and 2022 (they have a balance of 6 years to decide) in terms of legally pursuing this, but looking at their track record, they're far from serial litigants.

http://www.bmpa.eu/companydata/Premier_Park.html

NeilJM

Thanks for your reply Umkomaas.

I'll make sure that people in the business are aware that anything that states it is an LBC or any other potential court letter needs to get to me quickly, hopefully that won't have to happen.

Thanks to yourself, Redx and Coupon-mad for your help with this, hopefully you won't see this thread on the first page again.

Cheers.


.

Umkomaas

Thanks to yourself and Coupon-mad for your help with this, hopefully you won't see this thread on the first page again.

Well, no worries if it has to climb back up the list, all we want is for you to be able to handle this racket, but it will likely take the long run. Come back if you need us, at least one of the regulars (especially CM) will be burning some midnight oil!