premier park ltd taking us to court

gazza123456

we only discovered a few months ago that we had received a private parking penalty notice from a parking stay at a pub in august 2019. the company and its debt collectors bw legal tracked us down at our new address some two years after the alleged offence. it seems they must have sent a notice to keeper to our old address which we left in march 2019. it was a traumatic move following a bereavement and we forgot to contact DVLA of the change until the end of 2019.

we were hoping to fight this case on the usual grounds but were hoping for some advice on two points............firstly has the notice to keeper been properly served being that we received it 2 years after the alleged offence?   secondly the pub does not have planning permission for cameras nor advertising consent for the signage.

Redx

gazza123456 said:

we only discovered a few months ago that we had received a private parking penalty notice from a parking stay at a pub in august 2019. the company and its debt collectors bw legal tracked us down at our new address some two years after the alleged offence. it seems they must have sent a notice to keeper to our old address which we left in march 2019. it was a traumatic move following a bereavement and we forgot to contact DVLA of the change until the end of 2019.

we were hoping to fight this case on the usual grounds but were hoping for some advice on two points............firstly has the notice to keeper been properly served being that we received it 2 years after the alleged offence?   secondly the pub does not have planning permission for cameras nor advertising consent for the signage.

1) chances are they posted the NTK PCN ( not a penalty ) 2 years ago to the address obtained from the DVLA , even if that address was incorrect , it's the keepers fault , so a SAR to the DPO at PP should produce the missing documents so you can check the details ( it's about obeying the sending rules , not receipt )

2) then complain to the council , but it won't affect the claim

What is the issue date from the claim form from the CCBC ? The N1 claim pack form ? If you have one ?

Ps it's not an offence , it's a Civil dispute over a parking contract

gazza123456

thanks redx

ive got the ntk...interestingly it doesnt really specify in what way a charge has occurred.

We have issued Parking Charge Notice (PCN) 7196947 to your vehicle because it
was parked in a manner whereby the driver became liable for a parking charge at Ye Olde Black Cross, Bromsgrove, B61 7AG
that we are authorised to manage on the23rd August 2019 23:14.
The terms and conditions of parking on this private land
are clearly set out on the signage installed within the car park. By parking within this
car park you are bound to these terms and conditions and liable to pay a charge if
you breach these terms and conditions.
A discounted charge of applies if this Parking Charge Notice is paid within 14
days of issue. If you choose to not pay at this amount, the full value of will
be due.
We have requested your details from the DVLA as the registered keeper of the
vehicle, through the Reasonable Cause criteria of pursuing an outstanding parking
charge. The reason we issued a PCN to the vehicle is as follows:
If you were not the keeper of the vehicle at the time it was parked or if the vehicle
was stolen prior to the beginning of the period of parking which is the subject of this
Notice, please let us know. If you were not the driver we ask you to supply the full
name and current serviceable postal address of the driver so that we may address
this request to them.
We now request this amount is paid using one of the payment methods described
overleaf. You are advised that if, after the period of 28 days beginning with the day
after that on which the notice is given, the amount of the parking charge has not
been paid in full and we do not know both the name and current address of the
driver, we have the right to recover any unpaid part of the parking charge from you.
This Notice is given to you under Paragraph 9(2)(f) of Schedule 4 of the Protection of
Freedoms Act 2012 and is subject to our complying with the applicable conditions
under Schedule 4 of that Act.

Redx

Then email the SAR , regardless

If you have a court claim , post the issue date from the claim form below

gazza123456

apparently and ive only just found this out.........things have changed that makes it difficult for us in that since october 2020 theyve removed all the cameras and signs and its now free parking

KeithP

@Redx has asked twice now... do you have a County Court Claim or not?

Coupon-mad

The reason we issued a PCN to the vehicle is as follows:

What does it say there, immediately after?

gazza123456

sorry yes we have a claim against us at northampton county business court.

"We have issued Parking Charge Notice (PCN) 7196947 to your vehicle because it
was parked in a manner whereby the driver became liable for a parking charge"

gazza123456

apparently the parking was a ticket machine in which you had to enter your reg number.

does the machine automatically store the reg numbers?

otherwise how would they know if youve bought a ticket or not?

Redx

gazza123456 said:

sorry yes we have a claim against us at northampton county business court.

Then post the issue date below , and email a SAR to the DPO at PP !

gazza123456

issue date was dec 30