Premier Park LOSE in court !! Capital shopping centre Leckwith Cardiff west next to CardiffCFC

This_could_help_you

Premier Park (PP) Stated in their case that there were parking signs at every entrance to the car park. This is untrue and has been since at least 2019. The dashcam footage taken to present to the court proves that there was no signage. The judge was unequivocal that there was not an entry sign on entrance 2. This is in contradiction to the as assertions made by PP and contravenes the British Parking Association (BPA) code of practice.

There is also another issue that may help regardless of whatever entrance you used. There is a contract between PP and the landowners, who are Reassure Limited. This states that for PP to manage the land that they must obey the BPA code. It has been proved in court that they have not done this. I know that they have not done so for at least three years. I believe that PP is in breach of that contract with Reassure. Therefore, do they have any rights to enforce a contract against any motorist (which the motorist is not aware of) when their contract for permission to deal with the parking on the land is not being honoured?

Any questions then please just let me know as I’m happy to help.

Le_Kirk

Why have you felt the need to repeat this discussion?  You already have a thread going.

patient_dream

You know, the BPA have probably given birth to more money scammers than probably any association in the UK or probably the world

Is Haywards Heath close to Nigeria ..... one does wonder

This_could_help_you

Le_Kirk said:

Why have you felt the need to repeat this discussion?  You already have a thread going.

That one will not accept a photo upload. So as advised I have redone it and the old one will be taken done. 

D_P_Dance

They have wasted your time, now waste theirs, read this and complain to youtr MP .

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/ 

zhonguonuren

This_could_help_you said:

Premier Park (PP) Stated in their case that there were parking signs at every entrance to the car park. This is untrue and has been since at least 2019. The dashcam footage taken to present to the court proves that there was no signage. The judge was unequivocal that there was not an entry sign on entrance 2. This is in contradiction to the as assertions made by PP and contravenes the British Parking Association (BPA) code of practice.

There is also another issue that may help regardless of whatever entrance you used. There is a contract between PP and the landowners, who are Reassure Limited. This states that for PP to manage the land that they must obey the BPA code. It has been proved in court that they have not done this. I know that they have not done so for at least three years. I believe that PP is in breach of that contract with Reassure. Therefore, do they have any rights to enforce a contract against any motorist (which the motorist is not aware of) when their contract for permission to deal with the parking on the land is not being honoured?

Any questions then please just let me know as I’m happy to help.

Thank you for taking the time to post.  This is really thorough and helpful.  

All the best, Zhong 

kevinw55

Hi

I have just received a fine at Premier Park Leckwith Cardiff.

The reason for the fine was "Our operative observed the driver exiting site on foot"

I made an initial appeal that I had not left the site , my husband left me at Costco and parked and then went for a walk

whilst waiting for me. This appeal has been rejected , even though it is not possible that they have a photo of me (a woman) leaving the site. I will go through the external appeals process , wondering if you have any useful advice .

Also I am interested in your statement that  :

There is a contract between PP and the landowners, who are Reassure Limited. This states that for PP to manage the land that they must obey the BPA code. It has been proved in court that they have not done this. I know that they have not done so for at least three years. I believe that PP is in breach of that contract with Reassure. Therefore, do they have any rights to enforce a contract against any motorist (which the motorist is not aware of) when their contract for permission to deal with the parking on the land is not being honoured?

Do you know if this is still the case and do you think that it is worth including in the appeal?

Thanks

Le_Kirk

You have randomly posted on an old thread. For bespoke help, start your own discussion/thread after having read the NEWBIE sticky.

This_could_help_you

kevinw55 said:

Hi

I have just received a fine at Premier Park Leckwith Cardiff.

The reason for the fine was "Our operative observed the driver exiting site on foot"

I made an initial appeal that I had not left the site , my husband left me at Costco and parked and then went for a walk

whilst waiting for me. This appeal has been rejected , even though it is not possible that they have a photo of me (a woman) leaving the site. I will go through the external appeals process , wondering if you have any useful advice .

Also I am interested in your statement that  :

There is a contract between PP and the landowners, who are Reassure Limited. This states that for PP to manage the land that they must obey the BPA code. It has been proved in court that they have not done this. I know that they have not done so for at least three years. I believe that PP is in breach of that contract with Reassure. Therefore, do they have any rights to enforce a contract against any motorist (which the motorist is not aware of) when their contract for permission to deal with the parking on the land is not being honoured?

Do you know if this is still the case and do you think that it is worth including in the appeal?

Thanks

Hello,
This was an easy one to win at court as they did not adhere to the written, signed contract between Premier Park and the landowners.  There has to be entrance signs on ALL entrances, if not then they fail to uphold the conditions that are agreed in the signed contract. In addition to this it contravenes the British Parking Association (BPA) code of practice.  

If the sign was not there, it may be worth checking, then you could not be deemed to have entered into a contract. So what ever they say is then not enforceable. They did provide evidence to the court, which was very poor, to prove that a sign was there. This evidence that they submitted was false as the above picture shows. 

As for the appeal, I have no faith in the appeals process because it seems biased in favour of the parking company. The court process will seem daunting but it really is not. The work is for them to prove their case and the judge was very kind and down to earth. You would get information and letters from them and if your defence is, the signage wasn't correct and/or one of us was shopping. You can just write that back to them. They get charged for taking you to court, you only have to pay if you lose. If you lose you do not get a CCJ if you pay up in 30 days, I think, so no worries there. 

Also, what do the signs say about leaving the site? Would a judge think it is reasonable for one person to shop and the other to be free to do what they wanted? Or should everyone in the car be a prisoner to the car park just while one person goes shopping? How does that work if someone does not drive or may be disabled? I have my view but I am not a legal person in any way.  

Overall, no sign no contract, appeals could work, my experience, court is nothing to be scared of and it seems most people pay as they are scared of being taken to court. I would suggest, don't be scared of court if you are in the right, the judge is there to be fair and reasonable in my experience.   

If I can help any further then please, just let me know.  

kevinw55

Thanks for replying , even though as an idiot I had posted in a closed thread.
The information you gave was very reassuring , even though my wife remained scared of
being taken to court .
Good News . The original appeal to Premier Park was rejected (as suspected , they do not seem to pay any attention to the reasons given) , but after doing the appeal to POPLA , Premier Park has given up.
A little confusing when I got the email "POPLA - Your appeal has been withdrawn " , but that appears to be that.
Just wondering , is there anything I can do regards Premier Park that would involve them in doing some work , such as requesting photographic evidence that they possess or something like that?
Quite keen on annoying them as much as I can . 

Fruitcake

You can send them an SAR asking for all personal data they hold about you. It will only be of minor annoyance to them, but every little helps.

If they do supply data, then complain and instruct them to erase your data since there is now no legitimate reason for them to still have it.

If they refuse, complain to the ICO and the BPA about them.

Make sure you use the word I have underlined as it has a specific meaning where data handling is concerned.