Leaving site pcn

Dabbed

Hi
I’m after some help a pcn was placed on my car stating it was for leaving the site while parked I sent off the template letter on this site saying I was the registered keeper That asks for any images and any information. They have replied saying they require the name of the driver to proceed. Question is what should I do next I have viewed the images which just show my car parked no other information on who how many or where any occupants went or did is supplied

Umkomaas

Name of parking company?

The_Deep

It would be very difficult for a PPC to win a leaving site claim in court.
The last time a PPC tried their solicitor was threatened with imprisonment.

http://www.davidmarq.com/bama/VCS%20v%20Ibottson.pdf

A judge may well consider such a term in a consumer contract as unreasonable, and an MP has stated in the House of Commons that such a condition may breach one's human rights.

Consider this, it is a windy day, it is a windy day, you get out of the car, and the eind blows your brand new £300 Monte Christo over the road, do you not run after it? Of course you do.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P.
for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the House of Commons recently

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

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

i bmy, k O

Dabbed

The name of the parking company is premier park

I was thinking of replying along the lines of
You have given me no evidence other than my vehicle parked on site correctly in a marked bay unless you can supply me with any other evidence showing any contravention I expect this charge to be withdrawn

Didn’t know if to add that there are no signs showing the perimeter of your land or ask for a map showing were there site starts and finishes

Also the site in question is split into two the road up goes to the car parks the car park on the left is controlled by premier park which has 2 shops on site the car park on the right is controlled by a different company with 1 shop on and people walk from one site to the other all the time as you would expect

Coupon-mad

Dabbed wrote: »

They have replied saying they require the name of the driver to proceed.

The name of the parking company is premier park

If you search Premier driver as keywords on this forum, you see this letter pointlessly talked about dozens of times, by people who haven't read any Premier Park threads yet.

I was thinking of replying

No, you weren't.

Dabbed

After re reading the newbies thread template I will not be replying ��
Thank you for the new search of premier driver ( previously searched for premier park) it has given me more cases to look at ,however I do find it all confusing at times so will still like more help on what to do as the pcn progresses quess I’m to old and/or stupid lol

Coupon-mad

Just never put the words 'park' or 'parking' into the search box here!

You are probably not much older than me, and you do not come across as stupid.

Dabbed

My time to identify driver is up later this week let’s see what happens thanks for all the advice so far

Dabbed

Hi
I have now received 2 letters one asking for the name of the driver then stating if not forthcoming the keeper will be liable
The second letter sent the day before is headed first reminder saying it’s for parking and leaving the site and that the driver broke the conditions of parking
It then says We have requested your details from the DVLA as the registered keeper through the reasonable cause criteria of pursuing an outstanding parking charge

Is this my NTK as unsure
I also have been given no popla code from them or even information on how or what to do to get one
Confused as to what my next step should be ?

Umkomaas

Await their next move.

In order to have any hope of holding the keeper liable they first have to acquire your details from the DVLA, even though they already hold them from you writing to them early in the process.

You need to email the DVLA and ask who, and for what reason, has acquired your personal data between the date before the parking event and today.

SubjectAccess.Requests@dvla.gsi.gov.uk

Provide the DVLA with your name and address and that of the V5C for your vehicle.

Dabbed

hi i now have my popla code and have started my appeal submissions
the PCN was for leaving the site
below is my initial draft with more to add about signage etc
posted this bit to see if I'm on the right lines for the appeal dont want to waste hours then post only for it to be rubbish
any comments help or advice welcome

I appeal against the parking charge as despite my requests premier park have neither given me or provided any proof that any conditions of parking have been broken. In my original reply to premier park about the parking charge I instructed them that I wanted all photo's and any other data that they have or they may rely on later in this process to be made available to me. The only evidence that has been supplied to me was of my car legally parked. Therefore as no evidence has been forthcoming the parking charge notice should be cancelled.

the PCN states that the infringement was for leaving site while parked. However there are no signs or any indication where their site boundaries are or any signs informing you that you may be leaving their site.
Lordsmill St retail park is entered by a private service road that I assume is owned by the retail park but as there are no signs and I have seen no other evidence of the boundaries I cannot say for definite if this road is on or off site. So in theory people even stepping onto this service road could be deemed to be off site
As the service road reaches the retail park it splits into two car parks one either side of the road with retail shops on both sides. people park up and walk between the two sides of the retail park to visit the different retail outlets on the site.

Premier park control the car park on the left hand side of the site however the other side/half of the car park in controlled by a different parking company so all the people walking over the service road have or could be deemed to have left the site as they have left premier park side of the site yet as already mentioned there are no signs or any indication this has happened ( only by going to check the signage did I realise that there are two different companies ) I believe this to be totally unacceptable and makes the infringement of leaving the site unenforceable.

the sign states No parking and leaving the site. what does that mean ? does it mean that everybody in the car has to stay on site, what if the driver uses the retail park but 4 passengers leave the site has this broken the conditions of parking as the driver has not left the site, what if the driver leaves the site but the 4 passengers remain on site has this broken the conditions as the passengers are still on site. Due to the ambiguity of the signage this again makes the charge for leaving the site unenforceable

the premier park employee also has a duty to mitigate any losses that is to inform anybody about to leave the site either knowingly or by accident that a parking charge will be issued if they leave. As the parking charge notice says the employee watched the occupants of the car for 5 minutes he had ample time to tell them if they were going to break the conditions of parking and the outcome if they did, however the employee did not do this thus in not carrying out his duties and I believe breaking the conditions of being able to issue the PCN

anygood so far?