pcn on hire care premier park ltd?

rabialiones

received a pcn from premier park on a vehicle which I was given by claims company following an accident.
I have read through the newbies thread, but cannot find anything similar to this and just got confused reading through it as I did not quite understand which part is relative to my case.

on the notice however, it states that I have been named as driving.
I believe they must have got my details from the hire company.

it is a first reminder for the sum of £100

however, the charge date differs from the issue date., by about 3 weeks.

i.e. charge date 16th oct

issue date 20th November.


reminder letter is dated 19th December.

I would be grateful for any advice as to how to proceed with this
thank you

Fruitcake

You appeal as hirer using the BPA template in blue that you will find in the NEWBIES thread.

You will then need to work out if the have met the very strict requirements of the POFA 2012 for a hire/lease vehicle for your PoPLA appeal. (They probably haven't.)

There is information about this in the NEWBIES thread.

Coupon-mad

Fruitcake wrote: »

You appeal as hirer using the BPA template in blue that you will find in the NEWBIES thread.

There is a specific template appeal for lease/hire car users, written by Edna Basher, in the NEWBIES thread section for lease/hire cars. The one mentioning the POFA Sch4 para 13/14 and 'Notice to Hirer' omissions.

pogofish

rabialiones wrote: »

I have read through the newbies thread, but cannot find anything similar to this

Read it again. Hire car tickets are fully covered and explained.

rabialiones

thanks to all for the replies, I will look at the newbies thread again

rabialiones

please confirm if the following is the correct one for me.


Here is a template appeal that doesn't give away the driver & gets a rejection letter with a POPLA code. Yes it needs your postal address, and yes it needs your name as keeper of course.

If you have to appeal as driver (e.g. if yours is a company or hire car, see separate section below) then of course remove the wording about 'not naming the driver' and anything about the POFA 2012 which only protects keepers. Do not appeal if the parking event was in Scotland/NI, see separate section below.


Template appeal for BPA members - copy this wording into the online appeal box or into an email:




Date


Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

Should you obtain the registered keeper's data from the DVLA without reasonable cause (e.g. if you do not fully comply with the BPA Code of Practice in terms of signage at this site, for example) please take this as formal notice that I reserve the right to sue your company and the landowner/principal in your contract, for a sum not less than £250 for any Data Protection Act breach.

For the avoidance of doubt, I do not give you consent to process data from the DVLA relating to this vehicle, whether you have already obtained it or not.

I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,





{obviously add the registered keeper's name, obviously add your postal address even if emailing (!) as long as you are sure the PPC is an AOS member}

ADD A SQUIGGLE IF POSTING IT!

NO NEED TO USE A REAL SIGNATURE - BUT DON'T POST UNLESS YOU HAVE TO - USE THE ONLINE APPEAL PAGE FOR FIRMS LIKE UKPC AND EURO CAR PARKS & PARKINGEYE, BECAUSE THE APPEAL CANNOT GET LOST AND YOU CAN KEEP A SCREEN PRINT. USE THE EMAIL APPEAL OPTION IF FIRMS OFFER IT.

also, where do I fing the 'online appeals page'.?

Coupon-mad

Where's the one written by Edna Basher in the section about Company & Hire cars in the NEWBIES thread? I said to use Edna's one.

rabialiones

I cannot find any other one

rabialiones

Coupon-mad wrote: »

Where's the one written by Edna Basher in the section about Company & Hire cars in the NEWBIES thread? I said to use Edna's one.

I have searched for this one
if anyone can point me in the right direction , I would be really grateful
thanks

Topcat_147

is this the one your looking for


At this stage you're just after a POPLA code, so something short and sweet would do the trick.

This is a tailored version of the sort of letter our company usually sends in response to a non-compliant Notice to Hirer (I have yet to see a compliant Notice to Hirer).

Dear Sir,

Parking Charge Notice [0123456789]: Vehicle Registration [AA11ABC]

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by Highview Parking Ltd (“Highview”) as a Notice to Hirer. I confirm that as the hirer of this vehicle, I am its keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) and I write to formally challenge the validity of this PCN.

You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper liability for a Parking Charge. There are a number of reasons why Highview’s Notice to Hirer did not comply with POFA; in order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.

Given that Highview has forfeited its right to keeper liability, please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my challenge, please provide me with details of the Independent Appeals Service (POPLA), their contact details and a unique POPLA appeal reference so that I may escalate the matter to POPLA.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.


Yours faithfully,

rabialiones

my letter does not state - notice to hirer-
it is as follows

dear ms ???????

please pay parking charge of £100

we recently issued pcn 1111111 to a vehicle you have been named as driving because on -date- at -time- it was parked in a manner whereby the drive became liable for a parking charge at -location- that we are authorised to manage by our client. this pcn was issued on - date- and has not been paid. the reason we issued a pcn to the vehicle is as follows
unauthorised entry/parking

in accordance with the signage that is clearly and prominently displayed on site, those drivers who break the terms and conditions of parking are liable to pay a charge. you have been named as the driver of the vehicle at the time of the contravention.
if you were not the driver (even though you have been named as being the driver) of the vehicle at the time it was parked or if the vehicle was stolen prior to the beginning of the period of parking which is the subject of this notice, please let us know. if you were not the drive we ask you to supply the full name and current serviceable postal address of the driver so that we may address this request to them

we now request this amount is paid using one of the payment methods....