Paid for parking, wrong registration number

devongirl48

I am the sad recipient of a PCN from Premier Park at the Brixham Marina Carpark, they have issued the PCN for "Whole Period of Parking Not Paid For". I have my parking ticket for the date and time (in excess of the time parked in fact), however it has the incorrect registration number entered on it (my husbands registration rather than mine).
I have already appealed to Premier Park and it has been denied, so I am the POPLA appeals service stage.

Having (only now, sorry!) read the advice on this website I am going to use the following as my appeal comments, any advice/guidance you can give to help me be successful in this would be most humbly appreciated.

Without Prejudice
Premier Park have issued a PCN to me as the Registered Keeper of the vehicle. I was not the driver the time of the alleged breach of the terms and conditions. I have provided the name and address of the driver by completing a Transfer of Liability on their online portal, but Premier Park have continued to pursue me, on behalf of the driver, for the charge.
The photographic evidence provided by Premier Park, of the signs at this site, are not dated the xx/xxx/2018 and are therefore not of the signage in place on the date of the parking, therefore I dispute that they are evidence in this case.
The PCN states that the Terms and Conditions of parking are clearly set out on the signage installed. I dispute this. The only signage that refers to the registration number is displayed underneath the Pay at Machine instructions. I dispute that this is a clear and unambiguous indication of the parking Terms and Conditions as the font used on the sign is of a very small nature, disadvantaging those whose sight is supported by spectacles.
Within the evidence pack Premier Park have provided, there is a copy of the Parking Services Agreement that is held between them and xxxxxxx xxxxxxxxxx xxx (xxx), dated 11/01/15. The agreement states in para 2.3 that “a parking charge may only be issued to a vehicle that parks in contravention of the advertised restrictions on the land.”. Premier Park have failed to prove that the parking has contravened a restriction that was advertised.
I also argue that Premier Park are making the claim that the Charge is due to a “Whole Period of Parking Not Paid For”, which amounts to an alleged breach of contract and thus the Charge must represent a Genuine Pre-Estimate Of Loss. If the parking charge amounts to a genuine pre-estimate of loss, the amount of the loss should not change from £60 for the first 14 days and rise to £100 thereafter. This Charge is most certainly a penalty and moreover a penalty that turns a profit for Premier Park.
I am in receipt of a ticket that was paid for parking at the stated date and time (actually in excess of the time) therefore I dispute that Premier Park have incurred any loss.
In summary, in light of my points above I contend it is wholly unreasonable to rely on me as the registered keeper and on notices so small as to be illegible to attempt to profit by charging a disproportionate sum which is nothing more than a disguised parking penalty with zero relationship to any supposed genuine pre-estimate of losses caused.
I therefore respectfully request that my appeal is upheld, and the charge is dismissed.
Thank you for your consideration of this matter.

pogofish

Please read the Newbies Sticky before sending that..!

Redx

yep, do not send that appeal to popla or you will lose


the not a gpeol argument died a death 2 years ago with the BARRY BEAVIS case


you need arguments like


NO LANDOWNER AUTHORITY
POOR AND INADEQUATE SIGNAGE
ANY POFA 2012 FAILURES
ANY BPA CoP FAILURES
NOT THE SAME AS BEAVIS


etc


so see post #3 of the NEWBIES FAQ sticky thread and also read the popla decisions sticky thread, working backwatds and find a successful 2018 appeal that works for your case and plagiarise it

KeithP

Whatever you end up sending, do not use 'without prejudice'.

Coupon-mad

Without Prejudice

Eeek, where on earth has that come from? Bin it, start again.

This is not how to win a POPLA appeal.

Where did you get stuff about that 'Without Prejudice' pointless heading and 'not a Genuine Pre-Estimate Of Loss'; have you read a thread from 5 years ago or something?

devongirl48

Thanks for the very constructive comment do you have a useful suggestion as to how I should approach this rather than criticise and humiliate.
Thanks for the help

Coupon-mad

It was an honest question, where did you get that from? If that's out there I want to remove it so no-one else copies it.

You just need to use the POPLA templates in the NEWBIES thread, post #3. My suggestions are there and have been for ages. Please use it as it's there for you and everyone.

Redx

devongirl48 wrote: »

Thanks for the very constructive comment do you have a useful suggestion as to how I should approach this rather than criticise and humiliate.
Thanks for the help

already answered in post #3 by me

devongirl48

Please can I have your feedback on my 2nd attempt

hxxps://
xxx.
dropbox.
com/s/ipwagd4sq2wrqc9/
POPLA%20Appeal%20redacted.pdf?dl=0

KeithP

https://www.dropbox.com/s/ipwagd4sq2wrqc9/%20POPLA%20Appeal%20redacted.pdf?dl=0

If you are making a POPLA appeal I don't understand what your point 7. is about.

Point 7 seems to be suggesting to POPLA that evidence that the PPC has submitted to POPLA is not related to the current incident.
I am puzzled about how you can know at this stage what evidence the PPC has submitted to POPLA.

devongirl48

I have seen the response from the parking company from the POPLA appeal process, they've sent 104 pages of stuff to counter my appeal.
So I have gone through it and its mistakes the PPC have made in their submission