Parking charge for waiting in car premier park

<Beachcomber>

I'm wondering if someone can offer me some advice. I've read through the information in the forum and still couldn't find how to approach defending myself against Premier Park for my particular situation.
Here's what's happened: (sorry details removed as advised).

I've received a letter with a PCN from premier park and photos of my car. The letter states the car was there for x minutes (details removed) and they are demanding £100 (£60 if I pay now).
I'm horrified by this and it's absolutely unreasonable.

I hope someone can please help me.
Thanks in advance :beer:

(If I'd seen it was a premier park car park I wouldn't have even gone near it! They once clamped my partners car about 6 years ago and we had to pay £100 on the spot to have it released! Along with about 10 other people! :mad: Absolute scum bags. The signs weren't even lit up and were ambiguous ...anyway I digress!)

The_Slithy_Tove

<Beachcomber> wrote: »

I notice on the information and advice in the forum that you shouldn't admit who was driving, but in my case I'm wondering if I should I be saying that I was driving and only waiting in the car park, therefore with no intention of leaving my car.

Absolutely NOT!

You were parked, no question. Whether you stayed in the car or not is irrelevant. Therefore you treat this as any other parking charge, as per the NEWBIES thread. Mitigating circumstances are also irrelevant and won't help you.

Fruitcake

It is not a fine.

As above, you were parked so you need to appeal this using the well trodden advice in the NEWBIES. Do not reveal the driver's identity under any circumstances.

In future, don't park where you shouldn't. It's the reason why these scammers exist.

You should also edit your post to remove all information about who did what. Parking scammers read these fora so you should remove that information. Only ever refer to The Keeper and The Driver, who are two different people as far as anyone is concerned.

Please also confirm the FULL name of the parking company.

The_Deep

. I didn't even look at the signs because I was not parking

Of course you were parking and now you will have to fight a claim for Breach of Contract.

However, as you were only there a few minutes they have a mountain to cllmb. Read the BPA Code of Practice re grace periods.

Guys_Dad

How long was "x"? Reason? there is something called a grace period, but only in certain circumstances.

So, tellus about "x" and just who is allowed to park in the car park in question.

<Beachcomber>

Hi All, Thanks for all the tips so far. @GuysDad I was told to remove details I looked up the info you and TheDeep suggested on grace periods, but sadly I am slightly over that time frame. The car park in question is a regular car park (not specifically for permit holders or residents etc).

I've been to the car park to take photos of signage.
Would anyone like to see the photos of the signs? Is it safe for me to post them on here or is there a better way of sharing them?

The PPC in question are Premier Park (I'll edit my original post to correct this).

Thanks all

System

How long was "x"? Reason? there is something called a grace period, but only in certain circumstances.

Some car parks are 5 mins, some 10mins and others 15 mins. Which was your's.

<Beachcomber>

Unfortunately slightly over the 15, so no joy there. Thanks for trying to help though.

<Beachcomber>

Hi All,

Because I was issued a PCN by post and not on my windscreen I can't use the words highlighted in green on the template letter from the newbies thread. Has anyone else used any other wording in place of this?
I'm not sure I can use the phrase "you must consider this letter a Section 10 Notice under the DPA" because they've already processed my information. Also according to info found on ico.org.uk (Sorry I can't post links because I'm a newbie, but I found it by googling "Section 10 Notice under the DPA" ) couldn't they just argue I consented by parking?
Also they haven't threatened me with court... but if anyone can pick some holes in what they have sent me, that would be great. Here's their letter (redacted):


"We have issued Parking Charge Notice (PCN) xxxxxxx to your vehicle because it was parked in a manner whereby the driver became liable for a parking charge at xxxx car park (location) that we are authorised to manage on the x date at x time. The terms and conditions of parking on this private land are clearly set out on signage installed within the car park. By parking within this car park you are bound to these terms and conditions and liable to pay a charge if you breach these terms and conditions.

A discounted charge of £60.00 applies if the Parking Charge Notice is paid within 14 days of issue. If you choose to not pay at this amount, the full value of £100.00 will be due.

We have requested your details from the DVLA as the registered keeper of the vehicle, through the Reasonable Cause criteria of pursuing an outstanding parking charge. The reason we issued a PCN to the vehicle is as follows: Parking Session Expired Or Unpaid

If you were not the keeper 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 driver 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 described overleaf. If within 29 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."

(There is also a BPA logo at the bottom and the following statement "Operating in accordance with the British Parking Association's Code of Practice")

The newbie template:
"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.

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, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,"

<Beachcomber>

I've just had a response from the PPC. They have not given me a popla code and are basically saying that I must name the driver or they will go after me as the keeper.
How do I get them to give me a popla code?

Fruitcake

I hope you left the green text in. The template is a one size fits all and should never be tampered with.

You still need to edit your initial post because it says who parked/who was driving. I think this may have been repeated in another post. Never ever say, I parked/I was driving/here is my parking ticket, or anything else that gives away the driver's identity.

If you have appealed, then you wait for your PoPLA code to arrive, ignoring anything else in the meantime.