POPLA Appeal- REBUTTAL DRAFT - PCN from Premier Park - 7 minutes!

toblerone13

I have received a PCN because anon parked at Vets 4 Pets without realising it wasn't the Tesco car park - Bitterne, Southampton. S/he was only there for 7 minutes. Can they really fine us £60, going up to £100, for this?

Any advice much appreciated.

Quentin

You are politely asked to read up in the newbies FAQ thread near the top of the forum before starting a new thread.

All advice on how and when to appeal this is there.

(It isn't a fine!)

Half_way

short answer: no
slightly longer: they have failed to follow their own trade associations code of practice, with regard to grace periods.

toblerone13

Sorry Quentin - I do promise that I have the FAQ open in another tab and I am reading them now - just figuring out if PP are a BPA or IPC member.

Half_way - thank you, I will have a look at the trade associations CoP - I will probably find a link in the FAQ...just speed reading them!

toblerone13

I'm an idiot. It says they are a member of BPA on the PCN!

toblerone13

Half_way - I have just read through the grace periods section on the BPA website and it seems to only give you a grace period if you have paid for parking or if you are deciding to use the car park. Anon got out of the car so s/he did decide to use the car park and s/he hadn't paid for any parking cos he thought it was free Tesco Express parking. I have google mapped it and the signs might be tricky to read. I think I need to go and take pics and see if they state on the signs that the parking charge will be £60/£100 if you park there.

Hopefully I'm on the right track. If not, please let me know!

toblerone13

One more question, I have read the FAQ but maybe I'm being stupid. If/when I use the Premier Park appeals online form, does that stop the £60 going up to £100?

toblerone13

Assuming that when I go and take pics I think that the signs are rubbish I am going to issue the following...

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,


Do you think I need to change the wording a bit more from the template? Should I mention grace periods?

Thank you for all your help. Feels really unfair to charge us £60 minimum for 7 minutes.

Redx

remove the reference number above

NEVER put personal info on a public website or forum

definitely mention grace periods , ie:- clause #13

clause #13 allows an initial grace period to either comply or leave , this is usually accepted as up to 10 minutes , so 7 minutes is not unreasonable

so read the BPA CoP again , especially the first part , about the initial period

and alter the above to

Should you have obtained

Coupon-mad

toblerone13 wrote: »

If/when I use the Premier Park appeals online form, does that stop the £60 going up to £100?

That's not in the FAQ because the 'discount' (a bribe not to appeal) means NOTHING AT ALL to people when they appeal. Stop looking at £60 as if it is a bargain. That's why I don't mention it in the sticky thread, who gives a stuff about their artificial bribes & deadlines designed to make you rush, or worse, panic and pay?

You are appealing a £100 PCN from a nasty ex-clamper firm, not worthy of your money, who CANNOT issue a PCN after seven minutes because it breaches the rules on Grace Periods.

But - no need to mention Grace Periods until POPLA stage, it's not as if this nasty bunch are ever seen to cancel any.

Make sure that appeal is done in the right name (the recipient of the PCN).

And please go back and edit all your posts that talk about what the driver did, please REMOVE that public information. The car was parked, a PCN was issued. That's all we (and others nosing at this forum) need to know.

fisherjim

toblerone13 wrote: »

The driver did get out of the car so he did decide to use the car park

What?

If the signs are in small print, high up, difficult to read etc., I would imagine he would have to get out of the car to try to make sense of the rules.

Seven minutes is not long to; drive in, find a space, locate signs, read, digest the rules, and then get back to the car and leave is it?