Premier Park - Duration details incorrect

kndusr19

Hi all,

I got a PCN at Blue Ice Plaza in Solihull for the duration of 15 minutes that was stated in the PCN.

The Entry time on the PCN was 9:23 with an exit time of 9:39, which works out as 14 minutes and not 15 minutes. Is this discrepancy worth appealing for? I know there must be a minimum 10 minute grace period as stated in POFA 2012.

Their letter also states "your vehicle was parked in a manner whereby the driver became liable", what proof do they have that the vehicle was parked?, maybe it was in the car park looking for a space to park?

Any advice welcome

Thanks for reading

Umkomaas

kndusr19 wrote: »

Hi all,

I got a PCN at Blue Ice Plaza in Solihull for the duration of 15 minutes that was stated in the PCN.

The Entry time on the PCN was 9:23 with an exit time of 9:39, which works out as 14 minutes and not 15 minutes. Is this discrepancy worth appealing for? I know there must be a minimum 10 minute grace period as stated in POFA 2012.

Their letter also states "your vehicle was parked in a manner whereby the driver became liable", what proof do they have that the vehicle was parked?, maybe it was in the car park looking for a space to park?

Any advice welcome

Thanks for reading

Both wrong I’m afraid. That looks more like 16 minutes to me.

Please confirm the precise name of the parking firm as there are a number using ‘Premier’ in their title. Advice will depend on which one it is.

kndusr19

Thanks for replying.

lol, I should redo my math.....still duration 15 minutes stated when the difference is 16 minutes.

Name of the parking firm: Premier Park Ltd, PO Box 624, Exeter. The PCN was issued at Blue Ice Plaza, Solihull.

Umkomaas

lol, I should redo my math.....still duration 15 minutes stated when the difference is 16 minutes.

I suspect it’s based on minutes and seconds, rounded down to the nearest minute. For the purpose of arguing on the basis of grace periods, 15 is marginally better for you than 16!

So, Premier Park Ltd is a BPA AOS operator, which means you have eventual access to POPLA where appeals can be won. But first off you need to gain a POPLA code from PP by appealing to them and having it rejected (every initial appeal is rejected, so don’t expect any quick fix).

You now need to read the NEWBIES FAQ sticky, post #1 where you will find a ready written initial appeal template - use that, no additions/edits. Exactly as is. Follow the instructions precisely re name and address!

Once you’ve got that off, start preparing for POPLA by reading the NEWBIES FAQ sticky, post #3, the better you prepare, the greater prospects of success.

Fruitcake

As above, appeal using the initial template in blue text from the NEWBIES then read up on PoPLA appeals.
Get pics of the site and signage ready for PoPLA.

What happened when the keeper complained to the manager?

Don't forget to complain to your MP about this unregulated scam.

kndusr19

Thank you both, appreciated.

I have appealed using the initial template and will get some pics of the site.

kndusr19

Had the following stroppy email from them, would I need to do anything? or wait it out for a POPLA code? :

We write to acknowledge receipt of your recent online appeal, on behalf of the driver, appealing against the issuing of a Parking Charge Notice (PCN) to the vehicle.



We note your comments and must refer you to the Protection of Freedoms Act (PoFA) 2012, Schedule 4 - Recovery of unpaid Parking Charges. This is available to view online at:

link to legislation.gov.uk/ukpga/2012/9/schedule/4



We must therefore request that the details of the driver of the vehicle at the time of the contravention are supplied; this must include their full name and serviceable UK postal address. If you are unwilling or unable to provide these details the registered keeper of this vehicle will remain liable for this PCN. This information should be provided by 25th November 2019. Please note, Premier Park Limited will not reply to any correspondence until after the above date, if the requested information is not provided.



If we do not receive this information by the date given, the registered keeper of the vehicle at the date of event will be held liable.



If you would like to view our photographic evidence, please visit link to pcnpayments.com



Please respond by return or by filling in the Transfer of Liability form on the reverse of the PCN and posting it to Premier Park, PO Box 624, Exeter, EX1 9JG.

KeithP

Ignore that. Wait for the appeal refusal and the PoPLA code.

Whilst waiting, prepare yourself by reading post #3 of the NEWBIES thread to discover how to create a winning PoPLA appeal.

Fruitcake

That is a fishing scam. The keeper has protections in law that the driver does not, so they are lying to you in the hope you are stupid enough to reveal the driver's identity.

Unless the driver permanently lives overseas, do not fall for it.

Ignore it and wait for your PoPLA code while you get pics of the site and signage including the entrance to support your PoPLA appeal.

Complain to the BPA and DVLA that the scammers are telling lies by using the word "must" in their reply to your appeal. The word "must" does not appear in the PoFA 2012 wording so for the scammers to use it is a lie, is intimidatory, and misleading.

The PoFA allows them to request driver details but there is no lawful requirement for a keeper to provide those details. The scammers cannot insist on this and the use of the word "must" is a distortion of truth, in other words it is a lie.

You should also complain to your MP about this unregulated scam. If he/she us up for re-election you could hint that his her response may help your family and friends decide where to place your vote.

kndusr19

Great, thanks both for your prompt reply

kndusr19

I went with your advice and submitted a POPLA appeal that I have tried to post here as a link, but not allowed as I am a new user....unless a moderator can change that for me, pretty please?

I cannot take the credit for all the material in the appeal, as most of it can be found in other posts that I looked at, but it may be useful for someone else to cannibalise and adapt for their needs if I can post a link to it.

I waited to hear back what would happen after I submitted my appeal.....and then just before Christmas heard the following:

Dear XXXXXX XXXXX

Thank you for submitting your parking charge Appeal to POPLA.

An Appeal has been opened with the reference XXXXXXXXX.

Premier Park - EW have told us they do not wish to contest the Appeal. This means that your Appeal is successful and you do not need to pay the parking charge.

Yours sincerely

POPLA Team

So thank you for your help all, it is appreciated....a success :T