"Whole Period of Parking Not Paid"

Thefranchise

MY gf recently got a PCN from Premier Park (Exeter) because her car was parked at Brixham Marina earlier this month.

We paid for a ticket on the day in question, and can prove it.

The PCN came in the post, and says the (£100) fine is for "Whole Period of Parking Not Paid For".

I've tried to contact the landowner, but can't get a reposnse from them. I now intend to appeal the PCN through POPLA, but I can't find anythiing on the NEWBIES thread about this particular problem. As I can prove we paid for parking on that day, should I use that as my defence?

Thanks a lot!

Le_Kirk

Have you appealed to Premier Park?  Unless you do this and get rejected you will not get a POPLA code.  Keep going at the landowner as this is the best way to get PCNs cancelled.  When you bought the ticket, did you have to input the VRM and was this done correctly?  If so, is the correct VRM printed on the ticket?

D_P_Dance

Nine times out of ten these tickets are scams, so consider complaining to your MP, sometimes it can lead to cancellation.,

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, and darfts have beenopened for publc consulatation,

Just as the clampers were finally closed down, so hopefully will many of these companies, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, under new legislation 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/

Please also read these and have your say

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

Coupon-mad

Thefranchise said:

MY gf recently got a PCN from Premier Park (Exeter) because her car was parked at Brixham Marina earlier this month.

We paid for a ticket on the day in question, and can prove it.

The PCN came in the post, and says the (£100) fine is for "Whole Period of Parking Not Paid For".

I've tried to contact the landowner, but can't get a reposnse from them. I now intend to appeal the PCN through POPLA, but I can't find anythiing on the NEWBIES thread about this particular problem. As I can prove we paid for parking on that day, should I use that as my defence?

The section about POPLA tells you what to put.    Show us your draft based on the templates in the 3rd post of the sticky.

The PCN will be for not paying within 5 minutes (a scam currently allowed by the BPA in their Code of Practice).

Thefranchise

Premier Park have now responded, acknowledging receipt of the appeal. They also point me to PoFA 2012.

They’ve requested details of the driver of the vehicle. If not provided, the keeper of the vehicle will be liable.

I think the right course of action is to ignore this and wait for them to give me a POPLA reference?

Thanks!

D_P_Dance

Is this land covered by bye-laws?

Le_Kirk

Thefranchise said:

Premier Park have now responded, acknowledging receipt of the appeal. They also point me to PoFA 2012.
They’ve requested details of the driver of the vehicle. If not provided, the keeper of the vehicle will be liable.
I think the right course of action is to ignore this and wait for them to give me a POPLA reference?
Thanks!

You are correct.  They have no right to expect you to name the driver, despite their letter telling you they have!  POFA states they can ask but not demand or expect.

Thefranchise

Update on this. I’ve been through the process and I’m now at the stage where I’ve got an LBC from Gladstones. I’ve done a DSAR and I’ve got hold of all the information they hold about the alleged offence.

There are photos from the car park and all the letters that have gone back and forth.

As I understand it, I’ll be told to attend a court date unless I can get either the landowner or my MP to intervene.

I’ve tried the landowner numerous times and can’t get a reply.

I’m going to try my MP, in the hopes they can help - I assume I need to give them as much information as possible (specifics about the alleged offence) so they can help?

But if that doesn’t work…I’m starting to think I’m better off paying the £170. I know it’s a fine for being a mug, but I’m extremely time-poor at the moment (wedding planning, house renovations, new job, big family with lots of requirements etc), and I don’t have time to prepare for a court date.

Other than writing to my MP, is there anything else I can do to make this go away?

Thanks!

Jenni_D

The 2nd post (I think) of the NEWBIES thread, and the Template Defence thread, have all the info you need regarding the court process. In fact your defence is mostly already written for you. Plus there are other threads where the bulk of your Witness Statement (later stage) is also largely written.

Obviously nobody here can make you follow the court process, but the effort is probably not as great as you believe.

Coupon-mad

Don't pay £170 to make it go away.  That would be like paying a phishing emailer.

Getting a court claim later this year is not the same as - and a long way away from - 'getting a hearing date' and most Gladstones cases we see are discontinued before hearings, when well defended.

Our Template defence (at claim stage) takes a mere half an hour to add your facts paragraph to - very easy and not time consuming.

Please stick with us!

Just reply now to the LBC, as shown in other Gladstones threads recently.  Easy enough to find them.

Here's one:
https://forums.moneysavingexpert.com/discussion/comment/79119887#Comment_79119887

Copy and paste the response shown.  The added £70 is 'extortion' (so says the Government - and regulars here) so we think that's reason enough not to fall victim to this scam and actually pay it.  We will help you all the way.

Thefranchise

Thank you so much.

My response is copied below. Do you think it's okay?

Also - now the SAR has been sent back to me, do I just wait for the court claim to arrive before I send this?

(I'm also going to try calling the landowner again, I've got to get through to someone eventually!)

Thanks

________________________

IN THE COUNTY COURT

Claim No.: xxxxxx

Between

Premier Park (Exeter)

- and - 

 Xxx xxxxxxx

_________________

DEFENCE

1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all. It is denied that any conduct by the driver gave rise to a ‘parking charge’ and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue or to form contracts in their own name at the location.

The facts as known to the Defendant:

2. It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied.

3. On the day in question, I paid for my parking and went into the local town. It was very busy in the town on that day, and after waiting a long time at a restaurant, I returned to the car, paid for more parking, and took my dog for a short walk to stretch his legs before the long drive home. I believe that between the two periods of paid parking, there was a short period during which I had no valid ticket. However, I paid for more parking than I used on the day, and couldn’t have possibly returned to the car any faster to pay for the second session.

etc...