Premier Park, parking charge notice.

john-306

My daughter back in 3rd Feb 2018, parked on a Xercise4less/Mecca bingo car park.

She ended up staying 52 minutes and got a Premier Park parking charge through the post to our house (she moved into her own house before the letter came to us).
We gave her the letter, which with the move she put away and forgot about, the amount due at the time was £100.
Nothing else heard about the case until today over a year later, again to our house a letter from PP Legal saying the amount outstanding is now £170.
"We write on behalf of Premier Park Ltd who have instructed us to obtain payment of the above parking charge notice (PCN) which remains outstanding despite previous correspondence from Premier Park Ltd.
"The Supreme court case of ParkingEye Ltd v Beavis 2015 UKSC 67 confirmed the lawfulness of PCNs based in contract and their recoverability in Civil Law. Prior to this case being decided there had been a common misconception that such charges were unrecoverable. The law is now clear."
It goes on to say if you do not pay within 14 days we reserve our position to send a formal Letter of claim with the pre-action protocol for debt claims, and the amount due may increase.
Ans if the due remains unsettled a claim for the full amount of the PCN including interest and allowable legal costs will be will be submitted to the Civil Courts without further referenct to yourself.
We recommend you seek independant legal advise on the contents of this letter..


As you can imagine she is now panicking.
Any input greatly received.
Thank you

Le_Kirk

NEWBIE thread is your starting point. Since the date for appealing has gone, you need to start at post # 2. If the letter came to your daughter, she should respond to it. You could help but it must be in her name. All debt collectors like to use scary terms in the hope that you/your daughter will pay. Read post # 4 about debt collectors.

john-306

Le_Kirk wrote: »

NEWBIE thread is your starting point. Since the date for appealing has gone, you need to start at post # 2. If the letter came to your daughter, she should respond to it. You could help but it must be in her name. All debt collectors like to use scary terms in the hope that you/your daughter will pay. Read post # 4 about debt collectors.

Thank you for responding. I did read through the newbies post but it went right over my head which road to take.
I'll try again later to try to understand what's best for her.

Le_Kirk

Cup of tea (well one each) plus plate of biccies and read, read, read and it will eventually sink in.

Coupon-mad

As you can imagine she is now panicking.

Yes and no. Easy to learn what to do. We have court claims being defended here all the time, every day, and 99% of people still report a win and have done for over two years, including against PP.

Simply searching this board for the words: PP Legal Premier defence would find threads from which you will learn about how we've beaten them in court and laughed at their sad efforts. Especially as someone from PP posted here, officially, very briefly boasting about them having legally qualified staff and being out to sue people, then that poster just disappeared.

Her priority would be to reply telling them she wants a SAR (please don't ask, this is fully covered in the NEWBIES thread to save us shedloads of time) and at the same time, she MUST confirm which postal address is her 'address for service' for any court claim.

That could be your postal address if she prefers you to open her letters, if you are helping her and happy to assist her, in hopefully seeing his through to kill the scam.

Or if she is quite robust about these things and would prefer to get the letters to her house, she should update PP with her new address when telling them she requires the SAR (as per the NEWBIES thread - very easy).

And no, defending a PP claim is not risky and it's not going to affect her credit rating.

john-306

Coupon-mad wrote: »

Yes and no. Easy to learn what to do. We have court claims being defended here all the time, every day, and 99% of people still report a win and have done for over two years, including against PP.

Simply searching this board for the words: PP Legal Premier defence would find threads from which you will learn about how we've beaten them in court and laughed at their sad efforts. Especially as someone from PP posted here, officially, very briefly boasting about them having legally qualified staff and being out to sue people, then that poster just disappeared.

Her priority would be to reply telling them she wants a SAR (please don't ask, this is fully covered in the NEWBIES thread to save us shedloads of time) and at the same time, she MUST confirm which postal address is her 'address for service' for any court claim.

That could be your postal address if she prefers you to open her letters, if you are helping her and happy to assist her, in hopefully seeing his through to kill the scam.

Or if she is quite robust about these things and would prefer to get the letters to her house, she should update PP with her new address when telling them she requires the SAR (as per the NEWBIES thread - very easy).

And no, defending a PP claim is not risky and it's not going to affect her credit rating.

Many thanks for the reply. I will get onto what you recommend now.
Just a quick update what she has told me today....
I assumed she just didn't pay and got caught, but the car park is free for members of the gym, she had to input her car reg everytime into a little computer at reception, which she swears she did, but it didn't register, she has membership details and bank statements to back this up.
Speaking about this to a friend of hers today, she had the exact same thing occur, same gym/car park, where she also says she inputted her car reg but still got a letter.

Hopefully this will help in my daughters case.

KeithP

I may have missed it, forgive me if I have, but I cannot see any mention of your daughter complaining to the gym that the faulty keypad failed to record her vehicle registration number.

Coupon-mad

Now we will get asked ''is it too late?''

Yes, it is too late to complain to get it cancelled, but not too late to get an email from the Gym as evidence for later, saying they want the PCN cancelled and confirming she's a gym member. That shows 'no legitimate interest' behind the penalty and she can argue it is unrecoverable due to lack of commercial justification (not like the Beavis case - not that there was any in that case either but the shops' opinions and the cause of the issue, weren't pleaded).

Why don't people complain to landowners when they get a scam PCN? No-one needs telling by a forum this is the obvious first step to easily cancel the scam. So frustrating I just posted the exact same thing on a thread about a Hotel, now that person is being sued too. Could have been cancelled in minutes.

john-306

Hi, No she didn't complain at the time as she searched google and read to just ignore it.

She's just asked another friend that used to work at the gym and they will not help anyone that had been caught out (and they said there had been quite a few), and told them to contact Premier Park directly.


with this added info should we still request a SAR as a starting point??


Many thanks

KeithP

In my opinion, your daughter should email the manager at the gym pointing out the failure of the keypad.

Remind him that his business relies on satisfied customers and as things stand at the moment customer victims of this scam will be seriously considering their options at contract renewal time.

As C-m says above, this is unlikely to get the invoice cancelled, but even if it can get an email response stating something like "sorry it's out of our hands but if we were able, we would cancel the thing", that would help in any future court case.

john-306

The gym is now a complete basket case, since my daughter was there it's all gone downhill, there's now a new manager and all new staff constantly changing.
She will ask but doesn't expect anything as she no longer goes there.
But she has proof of direct debits and monthly payments that match the date involved.