Premier park car parking fine appeal! Please help!! Grosvenor casino leicester!

welsh1053

Hello. Please can somebody help me. I have read the newbies thread a few times however I am still confused and need to reply tomorrow. I recieved a car parking fine for £100 (£60 if paid within 14 days) from premier park - Grosvenor casino leicester for 'unauthorised entry/parking'. I was staying at the travelodge right next to the casino and thought that the casino car park was the hotel car park. The driver in question pulled into the carpark, drove around looking for any signs to confirm this and couldn't see any clear ones, the driver stopped the car on the double yellows near the car park entrance to go and speak to the parking attendent who was in the car park. He then explained that only casino members can park in this car park and directed us to the nearest car parks for the travelodge. The car was inside the carpark for 16 minutes. There were no clear signs that stated no entry, no parking, or any pay for parking machines, and as the 16 minutes were spent looking for signs, and then speaking to the parking attendent, I was extremelly upset to recieve this extortionate fine. I have attached the PCN I recieved and this is the reply/appeal I sent them. 


"Dear Premier Park

RE: --------

You issued a parking charge notice to my home address on 29th October 2021. I am the registered keeper under the definitions given in POFA2012 Schedule 4. I decline your invitation to name the driver, which is not required of me as the keeper of the vehicle, and no assumptions can be drawn as to their identity. 

I will not be paying your demand for payment and make this appeal for the following reasons: 

1) I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

2) Your Notice to Keeper is not compliant with PoFA to hold me, the registered keeper, liable for this charge

PoFA 2012. Schedule 4, Paragraph 9 of PoFA states the Notice to Keeper must:

“9(2)(f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— 

(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and 

(ii)the creditor does not know both the name of the driver and a current address for service for the driver, 

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; ”

The Notice to Keeper issued instead states “If within 29 days we have not received full payment or driver details, under Schedule 4 of the Protection of Freedoms Act 2012, we have the right, subject to the requirements of the Act, to recover the parking charge amount that remains unpaid from the keeper of the vehicle. “

The wording “within 29 days” is certainly not compliant with the PoFA and differs from the prescribed, mandatory timeline the statute requires the operator to give. 

As you cannot rely on the POFA 2012 to hold me as keeper responsible, you must either pursue the driver, reject this appeal and offer me a POPLA code, or cancel the charge. If you vexatiously reject this appeal, despite you being fully aware that POPLA will uphold my appeal on "no keeper liability" due to your non-compliant wording, I reserve the right to charge you my reasonable costs in preparing a POPLA appeal, at the LIP rate of £19 per hour.

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You must cease processing my data to prevent further undue distress and harassment. You are required to respond within 21 days. If you have obtained the registered keeper's data from the DVLA and cannot demonstrate reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. 

The time between entry and exit of the car park was a mere 16 minutes in which I have been informed was solely spent speaking to and questioning your client’s (Grosvenor Casino) parking attendant about the rules for entering and parking in the car park in question due the the insignificant signage to provide this information. Therefore your statement of ‘Unauthorised Entry/parking’ is inadequate and incorrect. 

If you choose to pursue me please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter

Yours Sincerely"



This is the reply I have recieved via email, instructing me to reply tomorrow with the name of the driver or I will be held liable. Please could somebody help me with what to reply as I still dont believe I should have to pay this. I also believe that they ignored most of my points from my appeal/original email. 

"Dear Mr Osman,

 

Re: Parking Charge Notice -----

 

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:

http://www.legislation.gov.uk/ukpga/2012/9/schedule/4

                                                                     

We now 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 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 3rd December 2021.  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 above date, the appeal will be formally responded to and we will hold you liable as the Registered Keeper of the vehicle on the date of the contravention.

 

Please note if we receive correspondence from the driver at the time of the incident we will not respond to you further on this matter. 

 

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

 

This must be submitted by filling in a new contact form at appeals.premierpark.co.uk 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.

 

 

Yours sincerely"


Im lost with what to reply to this or what to do next. Please help, I truly believe this fine is so unfair. 

Thank you in advance!

Coupon-mad

Not sure why you are lost? 

They asked who was driving. 

You ignore that and await your POPLA code, same as any case.

D_P_Dance

Please refrain from using the word "fine"  it ia an unsolicited invoice for damages for an alleged breach of an alleged contract.  You owe them nothing unless a judge decides to do.  Have you complained to your MP?

welsh1053

Coupon-mad said:

Not sure why you are lost? 

They asked who was driving. 

You ignore that and await your POPLA code, same as any case.

Based on what you've read, do you believe popla will accept the appeal? Im worried about the risk of having to end up paying £100 when I wasn't even parked. 

Coupon-mad

But there is no risk (outside of being ordered to by a Judge) of having to pay anything.

People who lose at POPLA don't PAY!

D_P_Dance

It s not a fine, pleas read the newbies.  

welsh1053

Coupon-mad said:

But there is no risk (outside of being ordered to by a Judge) of having to pay anything.

People who lose at POPLA don't PAY!

So I should just ignore that email they sent and they will send me a POPLA code? And then if I lose at POPLA just ignore everything? Is that right?

Coupon-mad

As I said, you ignore that and await your POPLA code, same as any case.

Read some threads.  Search 'POPLA lost' while you are waiting for the POPLA code.