Premier parking solutions - fine for vehicle that’s not mine

williams70

Hi,
I will try and keep this long story short. Received a letter from Premier Parking Solutions in Sept 2016 relating to an offense in April 2016. The vehicle registration is that of a vehicle which belongs to a company I worked at during that time but although I have appear to have been named as the driver I was not as my work records show I was working a good 150 miles from where the alleged offense took place. I have site signing in/out records and work logs to back this up.
I wrote to PPS three times before I got a response which said that my case has been passed to their debt collectors and all communication would have to be with them. I contacted them with all the details but never got a response just a few more letters. The final letter was an offer of reduced payment so I assumed they were just trying it on.
I’ve now received a letter (two years later) from bw legal chasing the fine of £160 with costs. I’ve written to them explaining the matter but a week later have had to response.
Is there anything I can do to stop this in its tracks as it seems they are completely ignoring me? Should I just wait for them to take it to court and then post my proof of being on the other side of the county at that point?
I’ve asked repeated for them to contact the keeper of the vehicle but it would appear that is being ignored as well.

The_Deep

It does not matter whether you were driving or not, if they do not know who was driving they can go after the person whom the DVLA told them was the registered keeper at the time. The company probably named you as the RK.

Read Schedule 4 of the Protection of Freedoms Act. and the stickiess/FAQs.

williams70

Ok, thanks. But what can I do if I’ve been incorrectly named? I can prove I wasn’t driving.
I’ve read through previous posts etc but can’t dind anything that relates to this sort of issue.

williams70

Just found something on another site. Can anyone verify this.
It’s claims that the parking company has 56 days to contact the registered keeper. As it was 5 months till I learned of the alleged offense can I also use this as an additional defence?

Castle

williams70 wrote: »

Just found something on another site. Can anyone verify this.
It’s claims that the parking company has 56 days to contact the registered keeper. As it was 5 months till I learned of the alleged offense can I also use this as an additional defence?

Your former employer is the RK, not you; so it's very likely that they received the NTK within 56 days.

Umkomaas

You need to know exactly what PPS have on you before we can give you more specific advice. You need to see the documentation which provided your details to them, when it was sent and by whom.

So you acquire that detail via a Subject Access Request (SAR). Here is a thread which discusses the changes to the Data Protection Act which introduced the GDPR earlier in the year.

https://forums.moneysavingexpert.com/discussion/5849784

And here is a template to act as a framework for listing your requirements of PPS. You need to make your requirements very specifically worded so they have to room to either wriggle or avoid answering:

https://legalbeagles.info/library/guides_and_letters/court/subject-access-request/

Pirate_Parker

Based on the information my goldfish memory has on this post, I would send a reply like the one below. It's a little messy looking though, so hopefully someone can help tidy it up a little.

---

Dear Sir or Madam
I [NAME] am not liable for ticket [REFERENCE] for the following reason(s);

By event I refer to the date of the parking event [DATE AND TIME OF TICKET] and by vehicle I refer to the vehicle with the vrn [VEHICLE REG]

(1) On the date and time of the event I was not the driver of vehicle.
(2) On the date and time of the event I was not the registered keeper of the vehicle.
(3) On the date and time of the event I was located around 150 miles away at my place of work. I have attached evidence of this.
(4) I was incorrectly named as either the driver and/or keeper of the vehicle.
(5) The document(s) you have sent are not compliant with the Protection of Freedoms Act 2010 and as such no keeper liability can exist.

To name but one error, the ticket is for £100 yet you are trying to claim £160, this is in violation of the Protection of Freedoms Act 2010 Schedule 4, paragraph 4(5) which states The maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper under paragraph 8(2)(c) or (d) or, as the case may be, 9(2)(d) (less any payments towards the unpaid parking charges which are received after the time so specified).

The GDPR defines you as the data controller, your agents [DEBT COLLECTOR COMPANY] and [SOLICITOR] are data processors that you are responsible for and liable for their actions, should I receive any further communications from your agents or yourselves other than to inform me that this matter is no longer being pursued I will consider taking legal action against you for causing me undue harassment, alarm and distress and for the unlawful processing of my data by your company and your agents - I will use this letter to demonstrate a financial loss for my time preparing a defence at x1 hour at £19 per hour and my witness statement as evidence of distress in pursuing a claim either of my own or in counter to any claim you make and will seek compensation and costs relating to those claim(s).

Yours Faithfully
[PRINT AND SIGN]

Half_way

You have committed no offence, and even if your vehicle was parked at that location, no offence would have been committed.


Do you know whos car park this was?

williams70

No, I have the location from their original letter.