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Premier Park - PCN

Gin_Man
Gin_Man Posts: 4 Newbie
Afternoon all.

We have today received a PCN from Premier Park for a vehicle registered at our address.

The facts:

The charge is for Whole Period of Parking Not Paid For.
Discounted charge of £60 or £100 if not paid within 14 days.
The PCN has photos of the vehicle in question, arriving and leaving the car park (only).
Entry time is 02:49 hrs 30 Jun 18
Exit is 09:03 hrs 30 Jun 18
PCN issue date is 5 Jul 18.

We have a ticket/receipt for the parking. It was purchased at 03:06 hrs on Sun 30 Jun and valid until 09:00 hrs the same day. The ticket has the VRN on it and states that it does not need to be displayed. The fees displayed state that the session is valid for the next day when parked after 20:00 hrs. Charges apply every day of the week. 07:00 hrs to 20:00 hrs is £2.00 for 2 hrs. The driver paid £2.00.

As you can see, the vehicle exceeded the ticket expiry time by 3 minutes.
According to the PCN, Premier Park are a member of BPA and state that they operate in accordance with the BPA's CoP.
Having read the latest version of the CoP (Jan 18), under Grace Periods at Sect 13 (13.4 in particular, page 9) it states You should allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action. If the location is one where parking is normally permitted, the Grace Period at the end of the parking period should be a minimum of 10 minutes.

Assumption(s):
We have assumed that the charge is for exceeding the 09:00 hrs expiry time only. The time difference between arriving and ticket purchase is 17 minutes. Clause 13.2 of the BPA CoP states that it MUST be a minimum 10 minutes for arrival.

Moving forward:
Clearly we are not going to pay the charge. I have read the newbies thread and some other related posts so we are going to appeal via their website, using the advice posted on this forum. We will be using the template text from the newbies thread for the first response / online appeal.

Question(s):
Should we attach a JPEG of the receipt on the online appeal?
Knowing that we have a potential case using the 'Grace Period' clause in the CoP alone, should we add anything to the template text in the first response / online appeal or wait until the POPLA stage if/when declined. Or simply send as it is?
Also, should we consider the arrival time as well as the departure time when using Grace Periods as a casing point or is this negligible?

Grateful for your assistance.

Comments

  • Fruitcake
    Fruitcake Posts: 59,533
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Forumite
    edited 9 July 2018 at 6:57PM
    You could attach a copy of the paid for ticket but you would need to carefully add that The Driver paid and here is the ticket as proof.
    I doubt it will make any difference at the initial appeal stage.
    Likewise you could mention that the scammers haven't taken grace periods into account which is a breach of the BPA CoP. Again this needs to be done carefully so the driver's identity isn't revealed, and again, I doubt it will make any difference.

    There are two grace periods, so both should be mentioned at PoPLA appeal stage. You will also use all the other appeal points from post 3 of the NEWBIES at PoPLA as well.

    What happened when you complained to the landowner?

    Don't forget to complain to your MP about this unregulated scam. This is the only way this will get stopped.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Gin_Man
    Gin_Man Posts: 4 Newbie
    Thanks for the reply.

    In that case, we'll hold off with the receipt for now then. I'll be very careful not to mention anything about who might have been driving in all correspondence.

    We've not yet complained to the land owner yet. The car park is for a pub/bar that only operates late on friday/sat evenings. It's not open any other time. Used to be the cheapest and most flexible place to park in town until recently. That's changed for the worse.

    I will certainly complain to the local MP too. Thanks for the tip.
  • Gin_Man
    Gin_Man Posts: 4 Newbie
    Appeal registered.

    Complaint sent to local MP.
  • Received an email this morning in response to the online appeal.

    'We write to acknowledge receipt of your recent online appeal against the issuing of a Parking Charge Notice (PCN) to your vehicle.

    Please be advised that on this occaison your appeal has been uplheld and the above PCN has now been cancelled. We have now removed your details from this PCN.'


    Signed by the the appeals team, Premier Park Ltd.

    :j
    Wow. Too simple?

    Is the email sufficient. it's a no-reply email so I couldn't ask for it by letter anyway. I'm guessing the email is good enough? If so, many thanks to this forum and for the template used.
  • Coupon-mad
    Coupon-mad Posts: 166,282
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Forumite
    Yay, well done, that's rare from PP!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • claxtome
    claxtome Posts: 628
    500 Posts Fourth Anniversary Combo Breaker
    Forumite
    Is the email sufficient. it's a no-reply email so I couldn't ask for it by letter anyway. I'm guessing the email is good enough? If so, many thanks to this forum and for the template used.
    I would say the email is enough but keep it just in case.
    If you are very paranoid you could phone up and ask whether PCN nnnnnn has been cleared.
  • Umkomaas
    Umkomaas Posts: 45,044
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Forumite
    claxtome wrote: »
    I would say the email is enough but keep it just in case.
    If you are very paranoid you could phone up and ask whether PCN nnnnnn has been cleared.

    Why not go to their 'paymyparkingcharge' portal of their website and proceed as if you were going to pay the charge? That will give you the status of the ticket. Take a screenshot of the result. Screenshot every time you check it out.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
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