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

KeithP

You have a maximum of 2000 characters, that's characters not words, to cover your reply.

Point out everything that the parking company has got wrong.

Point out everything that the parking company has not challenged in your PoPLA appeal.

glengorms

Thanks KeithP.  I did initially read it as 2000 words. Concise is the way.

Not sure if anyone can shed light on the following. In February 2022 Initial Park applied for Retrospective planning from the council for installation of payment machines, ANPR cameras and associated infrastructure at Lamorna Cove but the carpark is covered by Premier park? 

Fruitcake

I haven't read back, but the planning application/approval must be by the company named on the signs. The company number registered at Companies House must match the name on the signs for a contract to be formed with a motorist.

Not having advertising consent for signs is a breach of the PoFA para 12, and a criminal offence. Only the council can pursue criminal charges and sadly most do not.
Retrospective approval for advertising consent cannot be applied retrospectively. Just like any other crime; a change in the law does not affect previous crimes committed under the law in force at the material time.
Again, sadly some councils allow retrospective advertising consent.

glengorms

Fruitcake said:

I haven't read back, but the planning application/approval must be by the company named on the signs. The company number registered at Companies House must match the name on the signs for a contract to be formed with a motorist.

Not having advertising consent for signs is a breach of the PoFA para 12, and a criminal offence. Only the council can pursue criminal charges and sadly most do not.
Retrospective approval for advertising consent cannot be applied retrospectively. Just like any other crime; a change in the law does not affect previous crimes committed under the law in force at the material time.
Again, sadly some councils allow retrospective advertising consent.

Thanks Fruitcake.

Looking back through planning there was never anything submitted by Premier Park for installation of machines, ANPR nor advertising for Lamorna. Still don't understand why a different parking company is applying for planning permission for the site, retrospective or not?!  But will happily be bringing it up in my response to their submission on my POPLA appeal, especially as they included 83 pages of sign pictures......  and also as it is still listed on the council site as 'awaiting decision'.

Le_Kirk

glengorms said:

Looking back through planning there was never anything submitted by Premier Park for installation of machines, ANPR nor advertising for Lamorna. Still don't understand why a different parking company is applying for planning permission for the site, retrospective or not?!  

Maybe they are thinking of taking over!

Umkomaas

Still don't understand why a different parking company is applying for planning permission for the site, retrospective or not?!  But will happily be bringing it up in my response to their submission on my POPLA appeal,

You'd absolutely be wasting precious characters in making any comment on planning permission/advertising consent. POPLA have never made any adjudication that deals with it. It is akin to you arguing that the guy responsible for erecting the signs and ticket machines broke the speed limit while driving to the site. POPLA wouldn't be interested in that either.

Speeding - domain of the police; permission/consent is that of the local authority. If you want to pursue it, contact the LA, but prepare yourself for a long period of banging your head against a brick wall. Goodly supply of paracetamol essential.  Give up when you run out! 😵‍💫

Castle

This is the planning application submitted by Initial Parking Ltd:-PA22/00823 | Retrospective advertisement consent for advertising signage. | Lamorna Cove Car Park Lamorna Cornwall TR19 6XQ

What's interesting, is that the Application form states in section 5 that the Signs and cameras were in place on 18th January 2022 yet Premier Park were issuing tickets in February 2022, (perhaps two sets of signs were in place?).

glengorms

Umkomaas said:

Still don't understand why a different parking company is applying for planning permission for the site, retrospective or not?!  But will happily be bringing it up in my response to their submission on my POPLA appeal,

You'd absolutely be wasting precious characters in making any comment on planning permission/advertising consent. POPLA have never made any adjudication that deals with it. It is akin to you arguing that the guy responsible for erecting the signs and ticket machines broke the speed limit while driving to the site. POPLA wouldn't be interested in that either.

Speeding - domain of the police; permission/consent is that of the local authority. If you want to pursue it, contact the LA, but prepare yourself for a long period of banging your head against a brick wall. Goodly supply of paracetamol essential.  Give up when you run out! 😵‍💫

If not having consent for advertising is a breach of PoFA para 12, is it not even worth a mention?

Though if not I'll save a fortune on the paracetamol....🙄

glengorms

Castle said:

This is the planning application submitted by Initial Parking Ltd:-PA22/00823 | Retrospective advertisement consent for advertising signage. | Lamorna Cove Car Park Lamorna Cornwall TR19 6XQ

What's interesting, is that the Application form states in section 5 that the Signs and cameras were in place on 18th January 2022 yet Premier Park were issuing tickets in February 2022, (perhaps two sets of signs were in place?).

Can they do that? 🤷‍♂️

glengorms

Looks like it's already happened! Mate walked down there tonight and got this image.