PCN for breastfeeding - Appeal lost with Premier Parking

damargil

Umkomaas wrote: »

Please let us see the assessors reasons for rejection.

Can you let us see the Premier Park Evidence Pack

I can’t seem to be able to open your rebuttal of the PP EP

Hi Umkomaas, info shared as shown below, I took the documents off the Internet as I don't like leaving documents on the network. If anyone needs them in future just let me know, I will remove these too in a week.


Operator evidence and attachment:

https://drive.google.com/open?id=0B4ziAJSZy6JRUUd4bUs1WHJLQnc

https://drive.google.com/open?id=0B4ziAJSZy6JRUmJZSVktUk80VUE


Rebuttal:

https://drive.google.com/open?id=0B4ziAJSZy6JRanZWRlQ2LWNiTEE


POPLA Assessment and Decision:

https://drive.google.com/open?id=0B4ziAJSZy6JReHVTaS1seWw1cHM

damargil

MothballsWallet wrote: »

Sometimes just receiving a LBA will make a company sit up and take notice, especially when they know that their staff or agents haven't complied with the law and they have no leg to stand on (PPCs and their employers in a nutshell).

Also, it may make them, as Loadsofchildren123 said, cancel the PCN and want to come to a settlement agreement without seeing a court room.

FYI, I'm about to raise a Data Protection Act (DPA) complaint to a company and, if I'm not happy with their response, I'll be hitting them with a LBA - and I'll do my damndest to follow through with it too.

We would love to send an LBA but we don't seem to find anything firm because if we do so we would like to take them to court.

I have contacted the council to check whether the car park has planning and advertising consent for wall and pole mounted signs and pole mounted ANPR cameras. This is the answer we got:


"Apparently signage etc is ancillary to the permission granted for the car park."


We also tried to get advise from what we thought was a legal forum in mumsnet regarding the Equality Act but we got the wrong forum and my wife was almost insulted after exposing the facts. We will try exhausting this option somewhere else though.

Umkomaas

They don’t seem to have even acknowledged the rebuttal points.

Another point, whilst the Supreme Court only stated £85 was not extravagant or unconscionable, POPLA have taken it on themselves to decide that neither is £100, as its ‘in the region of....’. Finds for the operator.

Yet, 7 minutes beyond the grace period is also ‘in the region of....’, but POPLA finds against the appellant. Some real double standard there.

If you’re feeling like stirring the POPLA pot, write to John Gallagher, Lead Adjudicator, and ask him to explain to you this clear discrepancy and double standard. It just can’t be right, as it discriminates unfairly against the motorist.

But as CM says, we get these rogue assessments, it doesn’t mean you pay the charge. Let’s see what PP do next.

scraggly

Hi folks
I just received a message from Premier Park from this same car park. I arrived in Tenby, realised I had forgotten my purse - by chance this lovely person offered me a parking ticket - (I know these are not transferrable) then I went to the post office to see if I could get cash using my Apple pay on the phone - I couldn't so I came back to the car and went. 11 minutes 'parking' - £100.00 charge.
I've read the posts above with interest - I wonder...

Do I:
a) just suck it up and pay the £60.00 and chalk it down to experience, after all I did have my car there for 11 mins without a ticket
b) Do I tell them I won't pay and wont correspond with them and see if they then decide to go to court...

Any advice would be welcomed. I am more bothered about the excessive charge - but I don't know I would win based on that argument in court.
thanks
Nicola

Umkomaas

Any advice would be welcomed.

Here you go:

1. Please read the NEWBIES FAQ sticky, post #1 which tells you how to deal with this. It’s not rocket science, but you won’t get away with a quick skim read. If you want to save £60/£100 you have to put in the effort to understand what you are dealing with.

2. If you subsequently need further advice - once you understand the basics - please open a new thread of your own. This thread belongs to damargil, and forum rules will only allow only one case per thread, otherwise responses can be confused between the OP and others who dive in with their own cases, and can prove very expensive if the wrong person takes the wrong advice.

damargil

In case anyone is wondering how this is going, here is a quick update of our fight so far….


1. Complained to POPLA (John Gallagher) about not looking at our rebuttal and double standard – They responded that everything was correct, that the assessor had taken everything into consideration, it is not true but there is nothing else we can do….

2. Finally heard from the Landowner – He does not want to interfere, fair enough.

3. Planning Permits and Advertisement Consent – Made some inquiries and found out that the PO did not have permission to use ANPR cameras but they are going to get it retroactively and we were told there is nothing we can do on that…

4. Got into a mumsnet forum which we thought it was the legal one and got nowhere, we would like to try to exhaust this option but don’t really know exactly where to go, we are going to try maternity action next, we will keep you updated.

5. Went to citizen advise and they didn’t quite know what to do, they told us to contact the PO to see if we could pay the original £100. Not the option we are looking for but they did what they could.


Regarding the PCN, we are passed the debt collector stage and we are about to hear from the QDR litigation department after two letters from them saying that we have to pay slightly more than £200 and all that.

Any advice is welcome.

Cheers.

The_Deep

Have you complained to your MP? Watch this


http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

Umkomaas

You just have to ride this out and deal with whatever comes your way. There's always help here to get you through.

Debt collectors are ignorable and its probably in this capacity that QDR are operating, but check back with us if you get any correspondence from them and we will guide you from there.

I second what The Deep is advising about contacting your MP - now is the time to capitalise on Parliament's interest in the private parking industry.

damargil

Thank you both, much appreciated.

Are you talking about our local MP or the MP of the area where the parking is located?

Cheers

Half_way

2. Finally heard from the Landowner !!!8211; He does not want to interfere, fair enough.

By interfer, do you mean step in and deal with it?

all you need is a confirmation that the landowner does not want this pursuing, that is it. Landowner contacts you/replys to you and states that they do not wish this matter being pursued by the parking company.
the landowner does no need to do anything else -just tell you in email/writing.
You then instruct the pakring company to stop as their principal does not support them ( after providing evidence), and they have no landowner authority to continue