Premier Park, Exeter Road Car Park

Shepton50

I am the registered keeper of this vehicle for which I have received a parking charge from Premier Park Ltd for a "breach of terms and conditions" on 6th June 2023.
The Charge Notice is dated 10th June 2023.
I have read the Newbies page and will not be naming the driver.
However, most of the relevant threads I have found seem to be over 6 years old, so I would like up to date advice.

The driver arrived in the car park at 11.37 according to the charge notice
The driver had paid for parking via the Ringo app for 2 hours at 11.43 until 13.43
The driver then paid for another 1 hour at 14.01 until 15.01 and left the car park at 14.59
This meant that there was an 18 minute gap between the paid for parking.
The driver was unaware of the ANPR cameras at the car park that had logged entry and exit times.

Do I contest this charge notice as I feel that £100 ( £60 if paid within 14 days ie 24th June ) is unreasonable for a missed time of 18 mins.
Or do I just pay and forget it all ?

Most comments are saying not to pay as this can be beaten.

I don't seem to be able to add an image or attach the charge notice as I am a newbie, if you can suggest another way to do this, please do.

I have looked at the template for the keeper of the vehicle, but not sure if this adequate as the charge notice does seem to answer the questions about the allegation and photos of the vehicle.
I do not know who the landowner is.
There was a disabled person ( with a disabled badge ) in the vehicle at the time if this helps ?

The charge notice states that under POFA they can recover from the keeper of the vehicle.
A post by "The_Slithy_ Tove stated that POFA is clear that is is the keeper of the vehicle and NOT the registered keeper of the vehicle that can be claimed against.
What is the difference between registered keeper, keeper and driver with regard to the company recovering the charge notice ?
He says about saying "your other half was temporarily keeper of the car" but would this not still imply who the driver was ?
https://forums.moneysavingexpert.com/discussion/comment/69906180#Comment_69906180

If I am not naming the driver ( which I am not legally obliged to do ) but have passed the details of the charge notice to the driver as shown on the notice, does this mean they can't recover the charge from myself as the registered keeper ? 

Any help would be appreciated.

Coupon-mad

If I am not naming the driver ( which I am not legally obliged to do ) but have passed the details of the charge notice to the driver as shown on the notice, does this mean they can't recover the charge from myself as the registered keeper ? 

Not if the keeper decides not to provide the name & address of the driver.    The can in theory pursue the keeper, as long as PP complied with the PoFA in their NTK wording (debatable. They often do not comply).

There was a disabled person ( with a disabled badge ) in the vehicle at the time if this helps ?

It does.
They are allowed more time for their money:
https://www.edp24.co.uk/news/21155017.disabled-campaigners-claim-norwich-parking-victory/

The same point of law applies to private firms.

What happened when you obviously tried PLAN A which is the first advice right at the top of the NEWBIES thread?  Especially if an occupant of the car has an ongoing health condition that meets the definition of disability and would slow them down and cause them to always need more time than able-bodied shoppers.

As per that test case against Councils.

GET POLITE BUT ANGRY in your complaint to the landowner and it'll be cancelled this week.

Shepton50

Hi Coupon

Thanks for your reply.

I haven't tried Plan A as I don't know who the land owner is and there isn't shops etc that would be obviously linked to the car park.
The driver assumed this was a small council car park not realising it was privately owned.

There was a disabled person ( with a disabled badge ) in the vehicle at the time if this helps ?

It does.
They are allowed more time for their money:

I'm not sure the disabled arguement will help as the missing parking time was in the middle of the two paid parking times, therefore the disabled person wasn't trying to return to the car at that time as it was paid remotely via the Ringo app.


With regard to the keeper part, I thought I would ask the question already thinking what you have mentioned.
Thanks for confirming this.

As I can't add the image of the ticket yet, this is what it says:

Please pay the reduced charge of £60.00 now.

We have issued Parking Charge ******* to your vehicle because on the 6th June 2023 at 14:59 it was parked in breach of the terms and conditions of parking at Exeter Road Car Park, Braunton, EX33 2JJ, making the driver liable for a Parking Charge. As the PON has not been paid in full, the Parking Charge remains outstanding.

The reason we issued the Parking Charge to the vehicle is as follows: Whole Period Of Parking Not Paid For

The signage, which is clearly displayed throughout the area, states the land is private and that parking conditions apply. By parking on site the driver is bound by these terms and conditions and liable to pay a charge if they are not adhered to. The signage also confirms that the area is managed by Premier Park.

We, the Creditor, now request this amount is paid using one of the payment methods described overleaf. If you were not the driver of the vehicle, you should notify us in writing (see reverse for details) of the name of the driver and a current address for service for the driver. You should also pass this notice on to the driver.

A discounted charge of £60.00 applies if this Parking Charge Notice is paid within 14 days from the Issued Date. If you choose not to pay at this amount, the full value of £100.00 will be due.

You are advised that if, after the period of 28 days beginning with the day after that on which this notice is given - the amount of the unpaid parking charge specified in this notice has not been paid in full, and we do not know both the name and current address of the driver, under paragraph 9(2)(f) of Schedule 4 of the Protection of Freedoms Act 2012 we will have the right to recover from the keeper so much of that parking charge amount as remains unpaid. If we are required to take further action to recover this Parking Charge the amount due may increase to up to £115.00.

Does this comply ?

If you need any more info, please let me know.

Hope this helps

Shepton50

However, after reading the article again, this jumped out:
"Car park users who hold blue badges will get an hour's free parking for every hour they buy. If they are buying four hours they will get the whole day."
Would this mean that the first two hours that were purchased would then cover the missing 18 mins in the middle ?

Is this law or just Norwich council backing down before going to court ?
Is there a link to a test case in court ?

Coupon-mad

That was the test case. That's it.

Didn't need to get as far as court - Councils (not just Norwich) HAD to concede - as it's a clear breach of the Equality Act 2010 not to have a way to allow a 'reasonable adjustment' which in car parks is relaxing the fixed policy and allowing more time for your money.

Shepton50

Fabulous, so would this be my initial appeal to PP stating that the first 2 hours would cover the missing time and give them a link to the website ?
Would they need some proof that the disabled person was indeed in the car and what proof could we be able to give them ?
All without namng the driver

Shepton50

I have just had a reply from Premier Park.
What is my next step ?
This is the online appeal I sent:
----------------------------------------
I am appealing this parking charge notice as the registered keeper and there will be no admissions as to who was driving, and no assumptions can be drawn. There was a disabled person with a disabled badge in the vehicle. Under the Equality Act 2010 disabled persons must be given a reasonable adjustment to allow for more time. Please use the link below for the case that shows this, which I am sure you are aware of. 
( link to disabled-campaigners-claim-norwich-parking-victory as above )
( as I can't currently post links ) 
Note the paragraph that states: A spokeswoman for Norwich City Council said: 'It is clear that some disabled people may need more time to complete their activities in the city and the council has a duty under the new act to make reasonable adjustments. 'Car park users who hold blue badges will get an hour's free parking for every hour they buy. If they are buying four hours they will get the whole day. The same point of law applies to private firms as well as councils. Therefore, the initial 2 hours that were purchased would cover all of the parking time according to your parking charge notice. I am attaching a copy of their disabled badge for your reference. I request that the parking charge notice is cancelled as a court would see a failure to make reasonable adjustment as a serious breach under the Equality Act 2010.
--------------------------------------
This is their response, not acknowledging any of my comments:

--------------------------------------

We write to acknowledge receipt of your recent online appeal, on behalf of the driver, appealing against the issuing of a Parking Charge Notice (PCN) to the vehicle.

We note your comments and must refer you to the Protection of Freedoms Act (PoFA) 2012, Schedule 4 - Recovery of unpaid Parking Charges. This is available to view online at:

( link to legislation.gov.uk/ukpga/2012/9/schedule/4 )

We now therefore request that the details of the driver of the vehicle at the time of the contravention are supplied; this must include their full name and serviceable postal address.  If you are unwilling or unable to provide these details the registered keeper of this vehicle will remain liable for this PCN.  This information should be provided by 24th July 2023.  Please note, Premier Park Limited will not reply to any correspondence until after the above date, if the requested information is not provided.                                           

If we do not receive this information by the above date, the appeal will be formally responded to and we will hold you liable as the Registered Keeper of the vehicle on the date of the contravention.

Please note if we receive correspondence from the driver at the time of the incident we will not respond to you further on this matter. 

If you would like to view our photographic evidence, please visit www.pcnpayments.com.

This must be submitted by filling in a new contact form at appeals.premierpark.co.uk or by filling in the Transfer of Liability form on the reverse of the PCN and posting it to Premier Park, PO Box 624, Exeter, EX1 9JG.

---------------------------------

KeithP

Ignore that and wait patiently for your appeal to be rejected.

Umkomaas

Template response.  Note they have totally ignored your important point about the EA 2010. They probably didn't even read your appeal, very few of them do. See the word 'Appeal', press the computer 'Reject' button!

Shepton50

I have had another rejection email

Thank you for your appeal against the above Parking Charge Notice (PCN) on behalf of the driver. We have carefully considered your appeal, however on this occasion the appeal has been rejected for the following reason;                                                       

Whilst we note the comments and reason for appeal advising you made payment, we can confirm that insufficient evidence has been provided to substantiate your claims. Payment was not made for your full parking period. The photographic evidence indicates the length of time the vehicle remained on site; this information is then cross-referenced with the data from the payment services.

The vehicle remained on site for a total parking period of 3 hours and 21 minutes, meaning the whole period of parking was not paid for. By remaining on site, this means you are agreeing to the advertised terms and can comply with them. As your vehicle was not authorised to remain on site for the full duration of stay, we can confirm that this PCN has been issued correctly.

We do not believe that we have contravened the Equality Act and do not believe that we discriminate against those who are protected by this Act. The Act defines discrimination at Paragraph 13 as:

“A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others.”

At the time the Parking Charge Notice was issued we could not have reasonably been expected to know of your circumstances and we cannot be said to have treated you unfairly at the point we issued the Parking Charge. Please note, following this appeal denial response, we will cease to respond to all further unfounded allegations of our having discriminated against yourself.

The blue badge scheme does not apply on private land; therefore, all blue badge holders are required to adhere to the parking restrictions stated on the signage at all times. It is the responsibility of the driver to ensure they have read and fully understood the signage before parking on site. Remaining on site means you are agreeing to the terms and conditions set out.

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:

You can pay the total amount due as shown above via the following payment options;

• Call us on: 01302 513232
• Pay online: www.pcnpayments.com
• Send a postal order: Premier Park Ltd, PO Box 624, Exeter, EX1 9JG

Or, you can appeal to an Independent Appeals Service, POPLA (Parking on Private Land Appeals) using the POPLA reference code provided above. Please note, should you decide to appeal to POPLA and your appeal is subsequently rejected or you withdraw your appeal, the option to pay a discounted amount will no longer be available and the full amount of the PCN will become due. Please note, if you pay the PCN prior to appealing to POPLA, your appeal will be withdrawn as you will have accepted liability in full.

If you decide to appeal to POPLA, you will need to visit their website, www.popla.co.uk where further details of how to appeal (either online or by downloading the relevant forms) can be found. If you are unable to access their website, please call us for further information on how to obtain the forms. Please ensure your POPLA Reference Number, as noted above, is quoted on all correspondence to POPLA. You have 28 days from the date of this email to submit an appeal to POPLA. If you appeal to POPLA we will suspend recovery activity on the PCN and the charge will not increase until the appeal has been determined.

By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above.

If you do not make payment or submit an appeal to POPLA within the relevant timeframe, the outstanding PCN may be passed to our appointed debt collection agency for further action. All costs associated with this process will be added to the amount outstanding.

KeithP

@Shepton50, there is enough information in your latest post for anyone - perhaps someone who doesn't have your best interests at heart - to file an appeal on your behalf.

Suggest you remove the PCN Ref No and POPLA code from that post.
As a new user you may not be able to do that, so report your post by clicking report at the bottom of your post and ask MSE to edit appropriately.