New Post Advanced Search
Important update! We have recently reviewed and updated our Forum Rules and FAQs. Please take the time to familiarise yourself with the latest version.

Parking charge from PremierPark Ltd

35 replies 591 views
WilburJaguarWilburJaguar Forumite
18 posts
10 Posts
***UPDATED (30/03/2020): This thread follows my journey to a successful appeal against Premier Park Ltd***

Hello all!

I am in the process of writing up an appeal letter for a parking charge I was issued for "whole period of parking not paid for". I can't seem to post a link to the image of my NTK as I'm a new user, so unfortunately I can't show the NTK - any ideas to get around this?

I've done lots of my own research on this forum as well as on LegalBeagles too, to help make a strong appeal, but as this is my first time appealing, I still feel like an outside view is beneficial.

I am seeking advice that anyone may be able to provide on my appeal letter, so as to ensure the best chance of a successful appeal. Anything that doesn't help my case, or anything you spot that might be applicable (from POFA for example), which I've not listed; if you could please point this out, I would be most appreciative and will include this in my appeal.

My current draft is as follows:

Reference PCN: XXXXXXX.

I am writing with regard to the parking charge notice (ref: XXXXXXX) You (PremierPark Ltd, referred to as You thusly) issued on January 7th, to myself as the registered keeper of the vehicle concerned. Any liability or contractual agreement is denied. I am appealing Your parking charge notice as the keeper of the concerned vehicle. There will be no admissions as to who was driving, as is my legal right and no assumptions can be made from this appeal.

As this Notice to Keeper (referred to as NTK hereafter) relates to the alleged issue of whole period of parking not paid for, I require You send all photos taken concerning this case and any further evidence You can show.

I dispute Your notice on the grounds as follows, which directly infringe on Schedule 4 of the Protection of Freedoms Act 2012 (referred to as POFA hereafter), which sets out the statement that failure to adhere to all conditions contained within Schedule 4 of the POFA will result in no action or liability allowed to be taken against the registered keeper of this vehicle, since transfer of liability is denied. My points to support this are given thusly:

Section 9 (2)(a) of Schedule 4 of the POFA states that a valid NTK “must specify.. ..the period of parking to which the notice relates.” This notice fails to show the period of parking paid for given that there are only two photographs supplied, showing the vehicle entering and exiting the car park. Since these only show the vehicle when moving, it cannot be given as evidence of parking therefore, to state that this is evidence of the period of parking is invalid and fails to meet this section of Schedule 4 of the POFA.



Section 9 (2)(e) of Schedule 4 of POFA states that a valid NTK “must state that the creditor does not know both the name of the driver and a current address for service for the driver.” Having read Your NTK, I point out that there is no statement contained within, which states that You do not know this information. As such, the NTK provided fails to meet this section of Schedule 4 of the POFA.
This same section of Schedule 4 of the POFA also extends to state that the NTK must “invite the keeper to notify [You] of the name of the driver and a current address for service for the driver and to pass the notice on to the driver.” I cannot find information on Your NTK which states that I must pass the notice onto the driver, meaning Your NTK fails to meet this condition of Schedule 4 of the POFA.
As such, I must conclude that there is a lack of/no information set out as described by Schedule 4, Section 9 (2)(e).

Section 9 (2)(h) of the POFA sets out that for an NTK to be valid, the notice “must identify the creditor and specify how and to whom payment or notification to the creditor may be made.” The NTK I have received fails to inform me of the Creditor - as described by Section 2 (1) stating that a Creditor is a person - to which payment would be made. It also fails to inform me if You are collecting monies on behalf of the creditor.

I also add the following point onto those aforementioned, which supports my appeal:

The allegation of Whole Period Of Parking Not Paid For fails to evidence the information indicative of the actual grace period for entering and exiting the car park, as agreed by the landowner. As such, I require evidence of this agreement and failure to provide this will act as further evidence to support my appeal.

To conclude, the reasons for appealing this NTK are that it fails to adhere to the conditions of Schedule 4 of the POFA; as such, liability of this charge cannot be transferred to the registered keeper of the vehicle if the required information of the driver cannot be obtained. The NTK also fails to evidence information of a grace period as agreed by the landowner.

Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the information in this dispute/appeal remains the current address for service in the future.

Yours faithfully,

(My name and keeper address)



I intend to update this thread as my appeal goes on, so be sure to track it if you're in a similar boat.

Many thanks in advance!
«134

Replies

  • Coupon-madCoupon-mad Forumite
    90K posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    ✭✭✭✭✭✭
    Welcome!

    You will be unlikely to win on appeal, which is why PLAN A is to complain to the landowner.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • WilburJaguarWilburJaguar Forumite
    18 posts
    10 Posts
    Hi Coupon-mad,

    Thanks for your response! Can i ask why this would be unsuccessful?

    I thought given the reasons in my draft, that would mean they cannot pursue the keeper if they don't know the driver's info. Is this incorrect?

    I'll make contact with the landowners today to appeal firstly. Thanks again.
  • nosferatu1001nosferatu1001 Forumite
    10.6K posts
    10,000 Posts Third Anniversary Name Dropper
    ✭✭✭✭✭
    Because PP will, like basically ALL PPCs, just reject any appeal.
  • WilburJaguarWilburJaguar Forumite
    18 posts
    10 Posts
    Okay; should I include a request to provide me with a POPLA code should the appeal be rejected - as seems to be apparent.

    I am currently writing to the landowner in hopes that this supercedes the need for appeal with Premier Park Ltd.
  • FruitcakeFruitcake Forumite
    49.7K posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    ✭✭✭✭✭
    You don't need to ask for a PoPLA code, it will (should) be given automatically if/when your initial appeal is rejected.

    We normally advise most posters to use the ready written appeal template in blue text from post 1 of the NEWBIES to make the initial appeal.
    It serves two purposes. One is that it doesn't reveal the driver's identity which often happens when someone inexperienced tries to write their own, and the other is that the PPC recognises it and therefore knows the motorist is getting MSE forum help.
    A few PPCs will cancel when they see the blue appeal, but I don't believe Premier Park Ltd is one of them.

    Don't forget to write to your MP about this unregulated scam.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Important update! We have recently reviewed and updated our Forum Rules and FAQs. Please take the time to familiarise yourself with the latest version.
  • edited 15 January at 9:37AM
    MistyZMistyZ Forumite
    1.8K posts
    1,000 Posts Fourth Anniversary Name Dropper
    ✭✭✭
    edited 15 January at 9:37AM
    You should get a POPLA code automatically.

    Do the appeal to PP within the time frame. The landowner can easily cancel the PCN even when the first appeal has been done / rejected. But it gets a little more complicated after a POPLA appeal.

    Landowner complaints can require perseverance so it's best to send it ASAP just in case a little 'reminder' is required!

    Actually it can be quite annoying when you're all fired up for POPLA etc. and then the landowner complies! Almost seems too easy! But it is a great route for making the problem go away so make the complaint a good one.
  • The_DeepThe_Deep Forumite
    16.8K posts
    ✭✭✭✭✭
    Can i ask why this would be unsuccessful?

    Because n[FONT=Times New Roman, serif][FONT=Times New Roman, serif]ine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

    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][/FONT]
    You never know how far you can go until you go too far.
  • WilburJaguarWilburJaguar Forumite
    18 posts
    10 Posts
    Thanks for your repsonse Misty!

    I've sent what I feel is a stern complaint to the landowner, and have also contacted my local MP to complain and get their backing.

    I really hope it's that easy! haha,. I felt prepared to take on the extra charges that might come about from this, the other day. But that feeling has since subsided, so anxiety is building :shocked:
  • WilburJaguarWilburJaguar Forumite
    18 posts
    10 Posts
    Thanks for responding TheDeep!

    I've sent off a complaint to my local MP, so hopefully that gives me a bit of standing against Premier ******* park Ltd!
  • WilburJaguarWilburJaguar Forumite
    18 posts
    10 Posts
    Thanks for your message Fruitcake!

    I've not sent off my appeal to Premier Park as yet, so I'll amend it to include points that suggest I've come here to get help - defintely include the section regarding passing this onto the landowner and MP.
Sign In or Register to comment.

Quick links

Essential Money | Who & Where are you? | Work & Benefits | Household and travel | Shopping & Freebies | About MSE | The MoneySavers Arms | Covid-19 & Coronavirus Support