Premier Park PCN

rahzel

Hi, I recently appealed against a PCN when parked in a space outside a Subway which apparently belonged to Vets4Pets. I sent the following letter to PP but today received a letter back that my appeal has been denied and have 14 days to pay £60:

You issued me with a Parking Charge Notice on 1 February 2017, which I received by post on 4 February 2017, however I believe it was unfairly issued. I will not be paying your demand for £100 payment for the following reasons:

1. There was insufficient signage
The specific location where I parked within the car park in question has no clear signage to explain what the relevant parking restrictions are. This means no contract can be formed with the landowner and all tickets are issued illegally. Please see attached evidence I have submitted as proof:

1.1 The area where I actually parked has a totally different concreted surface compared to the adjacent tarmacked parking area, which is clearly designated by signs for Vets 4 Pets customers.
1.2 The concreted area is directly in front of Subway and there is a very large welcoming Subway sign erected within this concreted surfaced bay. Therefore it is reasonable for one to believe that the concreted area in question belongs to Subway and specifically provided for Subway customers.
1.3 The white ‘Welcome Private Land’ sign is located within the tarmacked surface and outside the boundary of the concreted area. This therefore implies that the boundary changes at this point.

1.4 Above the parking bays within the tarmacked area, there are clearly visible black Vets 4 Pets signs that state “Client Parking Only”. There are no such signs displayed within the boundaries of the concreted surfaced area where I parked.

2. The charge is disproportionate and not commercially justifiable
The large sum of £100 demanded amounts to a penalty and is not based upon any commercially justifiable loss to your company or the landowner and therefore is not a reasonable charge.

2.1 Your monetary claim is disproportionate, punitive and unjustifiable in total. It may also be deemed an unfair term under the Consumer Contracts Regulations 2013.

2.2 Vets 4 Pets clients are entitled to up to 2 hours free upon registering their details, thus the £100 charge for a 10-minute period far exceeds the costs incurred by the landowner in this incident. I therefore feel the charge you have asked for is totally excessive and unreasonable.

Please provide a breakdown of how your charge demanded is calculated so that I can further consider whether it amounts to a penalty.

Furthermore, I have witness statements from staff at the Subway on Spring Road who have stated that they have had many customers who have been mislead through lack of adequate signage.

Notwithstanding I have enclosed a cheque for £15.00 in good faith, which once cashed shall be deemed to be considered as full and final settlement to cover any admin charges/inconveniences caused by this matter excluding my own.

If you choose to pursue this matter any further please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer all the specific points raised in this letter.

- End of letter -

Are you able to advise next steps? My main point is that the fact that they have a large subway sign erected on their land this is very misleading?

Redx

was it this PREMIER PARK ?

Premier Park Ltd http://www.premierpark.co.uk

if it was , did they issue a POPLA code ?

if yes , follow the advice in the NEWBIES sticky thread which is what you should have been doing all along


but if its a different PP under the IPC banner , dont bother with the IAS

Coupon-mad

I sent the following letter to PP but today received a letter back that my appeal has been denied and have 14 days to pay £60

So you are at POPLA stage. Read the NEWBIES thread post #3 about POPLA and template wording to put together, you can use it verbatim.

Shame you said this:

The area where I actually parked

NEVER say who was driving...too late for that now and you are not the first. You will need to use the other templates in the NEWBIES thread.

rahzel

Hi, many thanks for the reply. yes this was premier park.. and yes I was issued a popla verification code

rahzel

So is in short is it always worth appealing via popla? As I said I'm just anxious that after the 14 days the fine goes up to £100? I know that's the risk I take with appealing (although I regret paying anything at all)

Coupon-mad

Everyone is in the same boat. No-one here pays.

Even if you lose at POPLA you don't PAY this bunch so stop eyeing the 'bribe' as if it's a bargain.

rahzel

Ok thank you. I am reading the newbies thread but as I had said "where I parked" I can't find the appropriate templates to use where the driver has already been disclosed??

Michael_Souris

Hi Rahzel

What was the outcome of your PCN challenge? I am in the same situation, same car park...

Le_Kirk

Michael_Souris wrote: »

Hi Rahzel

What was the outcome of your PCN challenge? I am in the same situation, same car park...

The OP hasn't posted again since the initial post on 22/02/17 so I doubt you will receive any feedback.

Michael_Souris

I thought the same. Worth asking on the off-chance though!

pogofish

Michael_Souris wrote: »

I thought the same. Worth asking on the off-chance though!

In your signup, you clearly agreed to not hijack other people's threads.

If you need help with this, read the Newbies Sticky, then please start your own thread.