UPDATED ** Premier park - pcn advice

daffodil1million

I do find it all abit daunting as there is so much stuff on the newbie section to take in. Ive had 2 emails from them 1. refusing my appeal and the 2nd 2mins after saying I have 3 weeks or advise who the driver is and to pay up.

So I this isnt the "rejection letter" I will or should receive this after the 3 weeks and it will have these POPLA codes on? is this correct, again sorry if I havent quite grasped this

Coupon-mad

If one refuses your appeal, it MUST include the (single) 10 digit POPLA code. Does it? Check it carefully.

daffodil1million

No codes on either emails - last email just saying I have until 3 weeks to provide the driver details or fill in the transfer of liability form on the bakc of the original form etc..

Coupon-mad

So, what does the 'refused' email say?

Did you appeal within 28 days?

daffodil1million

Yes appealed online within 28 days...

Email 1 today said
Thank you for your recent correspondence in relation to Parking Charge Notice XXXX. To ensure that we are compliant with codes of practice and in line with legislation there is a requirement to ensure that communication is with the legally registered keeper of the motor vehicle that is held on file at the time of the contravention regarding the above PCN. To that end a failure to pay for the duration of the stay contravention occurred at XXXXX Car Park, on XXXX. In circumstances where a Parking Charge Notice (PCN) is unpaid or requires issuing a request to the DVLA for the registered keeper!!!8217;s details is made. This is in compliance with the Road Vehicles (Registration and Licensing) Regulations 2002 Reg.27 !!!8211; Disclosure of registration and licensing particulars. Because of this contravention, there is reasonable cause to obtain and use this information in compliance with the Data Protection Act. Having carefully considered your request of the Data Protection Act s.10 on this occasion we have decided that your request is unjustified as per the reasons above. Having carefully considered your request of the Data Protection Act s.10 on this occasion we have decided that your request is unjustified as per the reasons above. Your appeal will be dealt with separately, in line with the code of practice.

Email 2 - straight after said:
We write to acknowledge receipt of your recent online appeal, on behalf of the driver, appealing against the issuing of a Parking Charge Notice (PCN) to the vehicle.
We note your comments and must refer you to the Protection of Freedoms Act (PoFA) 2012, Schedule 4 - Recovery of unpaid Parking Charges. This is available to view online at: http://www.legislation.gov.uk/ukpga/2012/9/schedule/4
We must therefore request that the details of the driver of the vehicle at the time of the contravention are supplied; this must include their full name and serviceable UK postal address. If you are unwilling or unable to provide these details the registered keeper of this vehicle will remain liable for this PCN. This information should be provided by 27th April 2018. Please note, Premier Park Limited will not reply to any correspondence until after the above date, if the requested information is not provided.

If we do not receive this information by the date given, the registered keeper of the vehicle at the date of event will be held liable. View our photographic evidence, please visit https://www.pcnpayments.com
Please respond by return or by filling in the Transfer of Liability form on the reverse of the PCN and posting it to Premier Park, PO Box 624, Exeter, EX1 9JG.

Coupon-mad

They have not yet rejected your appeal. Sit tight and WAIT.

They have rejected the Section 10 notice part of the appeal, explaining why they got the keeper data.

daffodil1million

ok thank you for your clarity - the newbie section I find over overwhelming!

Coupon-mad

So did I when I wrote it, but it is better than the way we were drowning on every new thread, every single person asking exactly the same questions even more than now. At least we have a template appeal now, and template POPLA wording.

Just to warn you, PP do sometimes win at POPLA.

But as at the time of writing, they are not litigious. So losing at POPLA is NOT a reason to pay!

daffodil1million

Im not holding out much hope although parking was paid for it was a time lapse thing from entering and getting ticket Im guessing but you never know.

waamo

Get reading successful POPLA appeals they are all very similar. They focus on legal points and not what happened on the day.

If it is too difficult to adapt one then just cut and paste a recent winning one making sure you change the name of the parking company and include your details.

If you simply cut and paste one you at least stand a fighting chance.