POPLA Appeal against Premier Park at Kilve Beach

vicious_bob

Hello,

Following a PCN from Premier Park for a parking event at Kilve Beach on 3 July 2021, I appealed citing a failure to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 section 9 (2) (e).

I have now received a further response from them rejecting my appeal and providing a POPLA code, so I'm now in a position to start a POPLA appeal. I'm posting here to just check what I should include in the appeal as whilst I appreciate the drowning them in paperwork method I also think that I have them on a simple matter of proof of payment.

They issued the PCN due to "whole period of parking not paid for" because the ANPR times were 1047 - 1302 (2 hrs 15 mins) and only 2 hrs was paid for. The driver paid by app (which took several minutes to download, delaying the start of the paid for period) and the receipt shows a start time of 1053. Adding 2 hrs and the 10 minute grace period gives an end time of 1303, so the driver left with 1 minute to spare. Their rejection letter now states that the car remained on site for 2 hrs and 14 mins (losing a minute somewhere) and NO payment or permit was made to authorise the stay. So, my main point of appeal, other than failing to meet POFA, is the parking app receipt showing the payment for the above period.

Beyond the two points mentioned, should I include anything else in my appeal? I've read long appeal submissions concerning landowner authority, inadequate signage, no keeper liability, and so on, but I'm not sure if I can or should rely on them in my case. I don't have access to the signage so can't comment on that.

I'd be grateful for any advice on the content of my appeal.

Regards.

Redx

Comment on the signage and landowner authority anyway , putting them to strict proof to Popla in their evidence pack

Download and read the BPA CoP version 8 , 2020 , clause 13 , grace periods , citing the time to download and use the app , so the initial grace time from entry to proof of payment , plus delayed on leaving at a busy location , accounting for the secondary grace period to exit. So you paid as soon as possible and left as soon as possible , with the payment ticket as proof that parking time was paid for

Do not cite the total amount , use the 2 separate explanations , backed by the BPA CoP clause 13 , plus the paid for receipt

What has POFA got to do with the above ?? Which item did they fail on ?? Timescales or wording ??

vicious_bob

Thanks Redx.

Redx said:

Download and read the BPA CoP version 8 , 2020 , clause 13 , grace periods , citing the time to download and use the app , so the initial grace time from entry to proof of payment , plus delayed on leaving at a busy location , accounting for the secondary grace period to exit. So you paid as soon as possible and left as soon as possible , with the payment ticket as proof that parking time was paid for

Clause 13 seems a bit confusing for the entry grace/consideration period. It seems to leave no time for grace/consideration if a parking event takes place (13.2). And yet, the time to download an app, or walk to and from a distant machine seems a reasonable thing to expect. Have I misunderstood the clause?

Redx said:

Do not cite the total amount , use the 2 separate explanations , backed by the BPA CoP clause 13 , plus the paid for receipt

Do you mean do not cite the total time of 2 hrs 10 mins? How should I calculate the valid exit time without adding 2 hrs plus 10 mins grace to the ticket start time? Could you clarify that for me please?

Redx said:

What has POFA got to do with the above ?? Which item did they fail on ?? Timescales or wording ??

I've seen many appeals use the failure to comply with POFA as a key point in their appeal. In my case, they failed to comply with section 9 (2) (e) by not precisely stating that the creditor "does not know both the name of the driver and a current address for service for the driver".

Thanks again.

Redx

The BPA deliberately changed it and made it confusing in January 2020 , compared to the 2018 version , ask them not me. , It is what it is so I would concentrate on entry to payment being delayed , plus time to exit being delayed , not trying to calculate anything , the time taken is what it is , before and after , so no different than the previous CoP

Don't overthink it , they are alleging an overstay , or incorrect time paid for (insufficient time) , don't assist them to blow your toes off , justify the 2 grace periods as reasonable and let Popla decide on the criteria , the CRA etc

Just to be clear , we don't agree with the BPA CoP clause 13 dated Jan 2020 , so I would be arguing the previous version in my mind , but not actually mentioning it. Each of the 2 grace periods was completed in the shortest possible time !!  No need to break it down into hours , minutes and seconds , but add a picture of the paid for ticket

Read this about timings , de minimis and minimum requirements of Grace periods on page 2

https://forums.moneysavingexpert.com/discussion/6292258/parkingeye-pcn-fightback/p2

If they failed POFA , say so , but ALWAYS remember that POFA never applies to an admitted driver , so your wordings are crucial

POFA never assists a driver , only a non driving keeper

vicious_bob

Hello,

For the record, today I received a response to my POPLA appeal saying, "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."

Thanks for all your help.

Regards.

Redx

Well done , they chickened out 👍👍😀😀😀

Coupon-mad

Nice!  Easy when you know how!

gazzer01278

Hi I’ve had a noticed served at this location I fully paid and entered cash into machine the machine made its noises but no ticket was issued so I took it that was it now have a notice. Any advice I took it it was done electronically 

Umkomaas

gazzer01278 said:

Hi I’ve had a noticed served at this location I fully paid and entered cash into machine the machine made its noises but no ticket was issued so I took it that was it now have a notice. Any advice I took it it was done electronically 

Please stop resurrecting old threads with your PCN. You now have your own thread running - please stay with that one now.