Premier park ticket with £100/£60 charge, shouldn't they be new capped rates now?

glengorms

Ticket sent on 10 Feb 2022 for 16 mins in car park without ticket. Facts - doing a day of walking and was leaving 2nd car in carpark all day.  Both card machines not working and took time for us to scrabble enough cash for full day parking, chucked kit in ticketed car and head off to destination, was not aware of time it had taken to complete all this.  Aware these are all reasons, not excuses and nothing to warrant appeal.  Research shows private landowner not interested in any appeals.

PCN arrived 15 Feb with £100 charge/ 14 reduction of £60 but doesn't the Parking (Code of Practice) Act 2019 now cap rates at £50/ 14 day reduction should be £25?  And is this something I can use on their online appeal form?
Cheers

Umkomaas

but doesn't the Parking (Code of Practice) Act 2019 now cap rates at £50/ 14 day reduction should be £25?  And is this something I can use on their online appeal form?

There is an incremental introduction culminating towards the end of 2023. PPCs are encouraged to introduce as many elements as soon as possible. Guess which one they'll leave to the end!

You can ask in your appeal. Don't expect any answer you'd be hoping for. 

Trainerman

As Umkomaas says, you cannot rely on that one. There could be loads of other defence points though. Which PPC ? Where? Have you informed them who the driver was ? 

glengorms

Umkomaas said:

but doesn't the Parking (Code of Practice) Act 2019 now cap rates at £50/ 14 day reduction should be £25?  And is this something I can use on their online appeal form?

There is an incremental introduction culminating towards the end of 2023. PPCs are encouraged to introduce as many elements as soon as possible. Guess which one they'll leave to the end!

You can ask in your appeal. Don't expect any answer you'd be hoping for. 

Cheers Umkomaas, annoyingly I did wonder if that was how they were playing this, so thank you for confirming 👍

glengorms

Trainerman said:

As Umkomaas says, you cannot rely on that one. There could be loads of other defence points though. Which PPC ? Where? Have you informed them who the driver was ? 

Cheers Trainerman

It was Premier Park and in the South West. I have no photographic evidence of signs or conditions on the day and not near enough the place to take them.  There's been no contact with the company at all so far.

I've dealt with a few of these tickets in my time, from back in the day when all you had to do was ignore them, to one rearing it's head again 3 years later where an appeal to the supermarket quashed it. The whole process was twitchy at the best of times - even with amazing support and encouragement from on this site and pepipoo! - but with legislation changing and struggling to find any points of defence at the moment 🤷‍♂️😂  I'm ashamed to say that this time I'm probably going to be that person who coughs up 😒  I just would have preferred to cough up the lower capped rate.....

Fruitcake

Loading/unloading is not parking. Jopson vs Homeguard appeal court case applies.

PDT machines card payment facility not working = Frustration of contract, and contract terms void for impossibility.

Inadequate signage. (It may not be, but on the other hand the signs may be incapable of forming a contract). Tell us where it happened. The site might have cropped up here before.

No landowner authority.

No standing to issue charges in their own name.

No keeper liability (NTK PoFA failures).

Are you sure that none of the above apply?

Le_Kirk

glengorms said:

Trainerman said:

As Umkomaas says, you cannot rely on that one. There could be loads of other defence points though. Which PPC ? Where? Have you informed them who the driver was ? 

It was Premier Park and in the South West. I have no photographic evidence of signs or conditions on the day and not near enough the place to take them.  There's been no contact with the company at all so far.

You could try Google maps street view to see the signs.

Trainerman

Personally I would rather not cough up at all. Please have a good read of the Newbies, and take note of what @Le_Kirk and @Fruitcake have said. Google might inform you re the signs, and I also had had the thought of frustration of contract and/or Jopson v Homeguard.

What is the actual contravention that you have been accused of ? Once we know that, we can think about how to fight it

glengorms

Thank you all.  I did have a good look through Newbies before starting the thread but as I was looking for guidance on the capping I didn't think the appealing was relevant to me 

Lamorna Cove car park (seems to have quite a reputation) and the contravention was listed as 'whole period of parking not paid for'

Trainerman

What actual times are on the PCN and are they ANPR pictures ? Is the PCN PoFA compliant?

glengorms

Le_Kirk said:

glengorms said:

Trainerman said:

As Umkomaas says, you cannot rely on that one. There could be loads of other defence points though. Which PPC ? Where? Have you informed them who the driver was ? 

It was Premier Park and in the South West. I have no photographic evidence of signs or conditions on the day and not near enough the place to take them.  There's been no contact with the company at all so far.

You could try Google maps street view to see the signs.

Alas the images are from 2009 and the signage is very different now