Premier Park PCN Do I appeal to POPLA?

martydavies

Hi All,


I was just after some advice on if it is worth me appealing to POPLA after being issued a PCN for overstaying by apparently 1 minute.


I received a PCN from Premier Park, complete with photographic evidence with time stamps showing entry and exit from car park.


Total stay should not have exceeded 3 hours, total time spent in car park was 3 hours and 11 minutes.


I have appealed to Premier Park to state that the signage states car parking duration starts 5 minutes after entry into the car park, also I have stated about the 10 minutes grace period at the end of the parking time. would mean I still had 4 minutes left of parking time due to my calculations.


Premier Park have rejected the appeal to state "The 5 minute grace period at the beginning cannot be added onto the grace period at the end and therefore I have exceeded the amount of time spent by 1 minute"


I now have a decision to pay the charge or appeal to POPLA, can anybody give me any advice please what would be the best course of action.


Thank you in advance

Fruitcake

If you have a PoPLA code, use it.

Use every template appeal point available to you from post 3 of the NEWBIES.

These will normally include,
Not the landowner
No standing to issue charges in their own name (no contract)
Inadequate signage
Grace periods (there are two in the BPA CoP)
Non PoFA complaint NTK (cannot be used if the driver's identity has been revealed.
Any other relevant points

Did you reveal the driver's identity when you made the initial appeal? I hope not.

Get pics of the site and signage to use in your appeal.

What happened when you complained to the landowner/retail manager/CEO?

MistyZ

martydavies wrote: »

Total stay should not have exceeded 3 hours, total time spent in car park was 3 hours and 11 minutes.


I have appealed to Premier Park to state that the signage states car parking duration starts 5 minutes after entry into the car park, also I have stated about the 10 minutes grace period at the end of the parking time. would mean I still had 4 minutes left of parking time due to my calculations.


Premier Park have rejected the appeal to state "The 5 minute grace period at the beginning cannot be added onto the grace period at the end and therefore I have exceeded the amount of time spent by 1 minute"

Even assuming that the POPLA assessor accepted their idiosyncratic approach to the initial grace period, this sounds like utter rubbish.

If the vehicle was in that car park for 3 hours and 11 minutes, no longer than that (which I think is what you're saying) then the clock started ticking 5 minutes in and the 'overstay' was just 6 minutes. I'm not very good at sums though ... what do you think?

Even if the 3 hours and 11 minutes has been calculated after the 5 minutes, there are still good grounds for a POPLA appeal majoring on Grace Periods. I really am muddle-headed with numbers - that signage would confuse me & plenty of others too, I'm sure, so signage may well feature (and is almost always relevant anyway).

Was the driver's identity revealed in the initial appeal? And do complain to the retailer / landowner - depends who owns or manages the land - that may be a way to nip this in the bud and should be done before POPLA.

Umkomaas

Was this a Pay and Display car park, if so, was the period of parking start time that shown on the P&D ticket?

Or was it simply an ANPR camera capture?

The_Deep

[FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP after the election, or to all likely candidates now, it can cause the scammer extra costs and work, and often, if they know an MP is in the loop, they will cancel the charge..

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

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

Coupon-mad

Search the forum for POPLA split grace periods, and copy one.

The_Deep

I have appealed to Premier Park to state that the signage states car parking duration starts 5 minutes after entry into the car park,

This may well be an unfair term in a consumer contract, supposing you have to queue for 10 minutes to pay.

file:///C:/Users/David/AppData/Local/Microsoft/Windows/INetCache/IE/265K4G1K/Unfair_Terms_Main_Guidance.pdf

Redx

You cannot put a link from your home pc (C drive) on the internet

It needs hosting via Dropbox or a file hosting site

Umkomaas

Redx wrote: »

You cannot put a link from your home pc (C drive) on the internet

It needs hosting via Dropbox or a file hosting site

It's the second time in as many days he's been told.

:doh: