Premier Park Ltd via BW Legal old PCN claims - do I have a case? Driver wantonly ignored restriciton

JustAnotherMoron

I'm not going to bore everyone with all the identical details from other similar posts. I am aware that is what the newbie post is for, which I have scanned for information, but I think my case falls outside of most of them.


In short: I have received a LBC for an amount of £900 +change for a number of tickets issued by Premier Park Ltd around 2014-2015. They were issued for being parked without a permit, on private land, in an unused service yard behind the driver's place of work, owned by the landlord for the premise of said place of work.



The 'driver' in this instance is a minimum wage worker who didn't wish to pay expensive inncer city parking. The driver started parking behind their place of work in an unused service yard, and all was fine for many months. Then the first PCN happened (typical windscreen ticket). At the time, driver was young and idiotic, read a couple of forums like this one and a few posts on Facebook saying you can ignore them, and did. Along with other staff members, they started parking back there quite regularly, ignorning any and all tickets. The normal monthly debt recovery letters came in for maybe 12-18 months or so, then fell near enough silent. Until this week.


My reason for posting simply is this: near enough all the advice for contesting PCNs here is based on the scenario that the fine is for a minor, one off offence. Is there any hope of defending a case like this where it's pretty obvious the driver knew they were "in the wrong" so to speak, or is the keeper (not to imply driver/keeper are the same person, obviously) better off biting the bullet and paying?

The_Deep

PPCs have a large number of hurdles to clear, signs, timings, paperwork, contract, accreditation, planning permissions, to name a few. Knock one over and they are out. You only need to catch them out once, so let them take you to court, and pay them not a penny unless a judge order you to.

Also, get you MP on board, they are very familiar with these PPC scams and on 15th March 2019 a Bill was enacted to curb the excesses of these private parking companies. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Fruitcake

I believe the choices are either pay over £900, or go to court and pay either nothing, -£95, or a lot loss than £900.

The advice on how to do this can be found in post 2 of the NEWBIES.

Whether the driver knew they were in the wrong would be dependant on whether the signs were capable of informing them of this and capable of forming a contract with the driver.

Le_Kirk

unused service yard behind the driver's place of work, owned by the landlord for the premise of said place of work

Have you tried complaining to (or asking advice from) the landlord you quote in your OP?

Coupon-mad

near enough all the advice for contesting PCNs here is based on the scenario that the fine is for a minor, one off offence.

No, we have lots of multi ticket defences albeit it might be harder to defend because the driver can't say they didn't know about the signs having got the first PCN then gone back and parked again.

However if PP have inflated the sums at this stage and included 'damages/debt collector costs' then certainly be defending the case and turning up for a local court hearing, the person can minimise the costs by arguing that the added costs are not recoverable (as well as defending and putting PP to strict proof of their regime boundary and signs).

I suggest you ADVANCED edit and delete your final phrase in your thread heading.