Premier Park PCN - POPLA Appeal

carrots29

Good afternoon.  I got a Parking Charge Notice through the post from Premier Park, who appear to be a member of the BBA.  Free parking is allowed for 2 hours at The Wharf Retail Park in Godalming but they have provided a picture of my car entering and then leaving the site for a total overstay of 38 minutes.  The PCN was issued and received through the post within 15 days so I don't see any obvious technical issues with the PCN.  I appealed to Premier Park using the template set out in the Newbies thread and  received a rejection as set out below:

"Whilst we note your comments and reason for appeal, we can confirm that the maximum stay period within this car park is 2 hours. As your vehicle was on site for 2 hours and 38 minutes, this was an overstay of 38 minutes. The signage on site clearly sets out the terms and conditions of parking, including the maximum stay period. There are no exceptions to these terms and we can therefore confirm that this PCN has been issued correctly.

​It would appear that you believe we are obligated under the General Data Protection Regulations (GDPR) to supply you with information that is not deemed to be personal data.​

It may be worthwhile reading the following link from the Information Commissioners Office (ICO) which gives a clear definition of Personal Data:​

 https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/what-is-personal-data/what-is-personal-data/ ​

Therefore, we must advise, the additional information you have requested does not fall under your rights with regard to Article 15 of GDPR and therefore we will not be providing this to you.

You have now reached the end of our internal appeals procedure and therefore you now have two options; you can either pay or appeal to POPLA - you cannot do both"

I have read through a number of discussion sites and it appears much harder now to challenge (most of the successful ones where there are no obvious grounds for challenge seem to date from pre 2015) and on that basis I was thinking that I would pay the £60 charge rather than the £100 charge (which I need to do by 21 June).  However I thought I would have another go at contacting the two retailers that operate on that site (Homebase and Pets at Home) and whose car park my car overstayed in.  Pets at Home said they couldn't do anything but Homebase have sent me an email saying they can't challenge the PCN themselves at they are not the landowner but they gave me a link to a pdf which was addressed "to whom it may concern" at Premier Park saying that I was shopping at Homebase and could they please cancel the PCN.  Homebase said I could try and use it in my appeal to POPLA.

I also wrote to my MP who advised to the effect that I entered into a contract by parking there and need to pay.  I have been back to the site and although I didn't notice them there are a few signs setting out details of the parking terms.

Has anyone come across this before and know whether it gives any meaningful weight?  From what I have read POPLA seem to reject all appeals so you are then left to just wait and see if Premier Park sue me, which I understand they are likely to do which means the extra court fees, etc to pay if I lose.

Any thoughts greatly appreciated!  Thank you.     

carrots29

Picture of a sign

carrots29

and the overall view from where car was parked.  You can see some signs on the lampposts

Umkomaas

Has anyone come across this before and know whether it gives any meaningful weight?  From what I have read POPLA seem to reject all appeals so you are then left to just wait and see if Premier Park sue me, which I understand they are likely to do which means the extra court fees, etc to pay if I lose.

Have you read the POPLA Decisions Announcement (start at the last, most recent post and read back from there) where you will find that not to be anywhere near the position?

Not every parking charge gets to court, there's around 10 million of them every year.  The court system would simply implode.  Costs of losing a court case £200+/- everything included. 

Do you have your POPLA code?  Do you have photos of the signage on site, taken in similar light to that prevalent at the time of the parking - without flash if in the hours of darkness?

The NEWBIES FAQ Announcement, third post, explains how to construct a strong POPLA appeal. 

carrots29

Hi there, no I haven't but will do so.  Yes Premier Park have sent me a POPLA Code.  The photos I posted above were taken at a similar time of day and in similar weather.  It wasn't dark on arrival or departure.  Thanks for your help. 

carrots29

Hi there, no I haven't but will do so.  Yes Premier Park have sent me a POPLA Code.  The photos I posted above were taken at a similar time of day and in similar weather.  It wasn't dark on arrival or departure.  Thanks for your help. 

Coupon-mad

No-one pays Premier Park.

We do not lose most POPLA appeals. Well worth trying. Still don't pay if you lose.

Your MP is not on the same page as the Government and you should complain about that reply - it is completely wrong.

carrots29

Ok thank you, will do some more reading

Not_A_Hope

"You can see signs on some of the lamposts"

The signs are neither obvious nor can they be read easily. In contract law which is what the PPCs are relying if you did not see them (the offer) you were unable to consider nor accept their terms. 

You should also compare the signage with what is required in the current BPA Code of Practice (available via Google)

carrots29

Hi there.  I have received the below from Homebase who are an operator on the retail park where the PCN was issued.  It was received as an attachment to an email.  Does this change matters or is it just another piece of evidence.  I can't find anyway of sending it to Premier Park apart from by post.  Is it worth sendinG a copy over by post do you think? 

Coupon-mad

Yes, send it and keep proof (a free certificate of posting from the PO Counter) and a copy.

DO NOT USE SIGNED FOR.