PCN from Premier Park Ltd Falmouth

Vs7

Hi,

I returned from holiday recently and received a PCN from Premier Park Ltd relating to their Maritime car park in Falmouth. We were in the car park for 12 min attempting to find a space, but it was extremely busy, and we eventually left without parking.

My wife contested the PCN ("Whole period of parking not paid") with Premier Park (and in the course of this admitted being the driver) but this was rejected so we are at the POPLA stage. Do you think we stand a chance here or should I just pay the £60?

The letter refers to us being parked, but at no stage were we parked in a bay or did we leave the car, we just attempted to find a space for 12 mins, circling the car park repeatedly, and have a witness who observed us doing this.

Thank you in advance for any help.

Redx

Nobody can tell you your chances at popla or in court

We can help with advice if she is fighting this on the basis that circling waiting for a space is not parking, so no parking contract was formed, hence why they have no proof of parking by the driver, I assume your wife is the RK ? In which case she received the NTK, not you

Read the fistral beach saga on parking pranksters website from about 5 years ago, where the judge said that Ivor pecheque was correct and trying to find a space and failing is not parking, parking is contracted at the pdt machine when obtaining a ticket, time taken to stop and read signs plus slow exiting due to a busy car park in summer months all increase the clause 13 grace period meaning it can take 12 minutes or more to abide by the rules, which the driver did as soon as they were able to do so

Construct a driver based popla appeal based on no landowner authority, poor signage, vehicle never parked, any BPA Cop failures like grace periods etc

Post it below for critique

If she wants help to fight this travesty we will do so, but not platitudes or bookies odds

beamerguy

Vs7 wrote: »

Hi,

My wife contested the PCN ("Whole period of parking not paid") with Premier Park (and in the course of this admitted being the driver) but this was rejected so we are at the POPLA stage. Do you think we stand a chance here or should I just pay the £60?

POPLA is a set up who cannot decide from one day to another, what's right or wrong ?

Of course Premier Park rejected, how else can they earn their scam bounty ?

Make it very clear to POPLA what happened and there is no proof that you parked. Even if you lost at POPLA, NO BIG PROBLEM, you still don't have to pay.

Let's see, come back to us with a POPLA decision

The_Deep

Fistral Beach saga

https://parking-prankster.blogspot.com/2014/03/waiting-for-space-is-not-parking.html

If you lost at PoPLA and they took this to court they would surely crash and burn as nine times out of ten these tickets are scams, so consider complaining to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. 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, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but 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.

Coupon-mad

Do you think we stand a chance here or should I just pay the £60?

The letter refers to us being parked, but at no stage were we parked in a bay or did we leave the car, we just attempted to find a space for 12 mins, circling the car park repeatedly, and have a witness who observed us doing this.

POPLA love it if people can show dashcam or iphone Google location proof that they did not stay and park. Can you provide that, from any of your phones or dashcam?

Even better, can you include proof of then paying for parking along the road 5 mins later? POPLA like that as well, and you could then win based on not parking and how busy the car park was as it's Summer and the car park was full, and your proof of actually parking somewhere else with xx minutes.

You will of course also need the usual POPLA appeal template points from the NEWBIES thread post #3 and no-one here would be daft enough to pay this lowlife parking firm 60p let alone £60!

The_Deep

Of course, you have to prove nothing, but doing so will save time and effort.