Popla appeal PCN premier park BB not displayed

confusedannie

Received PCN by post dated 16/10/23 from Premier Park for (parking in disabled bay without clearly displaying a valid BB) at Stanley Green Retail park stockport on 13/10/23. Am exhausted searching for landowners contracts and can’t find. I emailed my appeal to Premier Parking on 6/11/23 as registered keeper, copying and using your blue writing and I added ‘occupants is disabled and I attached occupants BB. ‘I didn’t put the reason why it wasn’t displayed! (It had actually been knocked off the dash as disabled occupant struggled to get out of car). 

Appeal refused via email received 10/11/23 and Popla code included. Since getting PCN I have searched, read and read which points to include on popla appeal. (My first time posting so don’t think I can include the screenshots of photos but will copy and paste my appeal to Premier Park and their response at the bottom of this.
13/11/23 received ‘final chance before action’ letter dated 2/11/23! From premier park saying I’ve lost £40 discount and now owe the full £100 and to avoid being passed to debt collectors.

Please can someone help on what relevant links apply that should be include in my popla appeal.
very many thanks


6/11/23 emailed appeal to Premier Park.

Appeal Details
Your Association	Vehicle Registered Keeper
I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner. There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle. If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it. If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner. The occupant of the car is disabled. In order to resolve the dispute I attach copy of the blue badge.

10/11/23 - Premier Park email response -Online Appeal Notification - PCN

DATE OF PARKING EVENT: 13th October 2023

 PAYMENT DUE DATE:  24th November 2023

TOTAL AMOUNT DUE: £60.00 

Dear               

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

Whilst we note the comments made in your appeal, the signage on site clearly states Blue Badge holders only in marked blue badge bays and a valid blue badge must be clearly displayed at all times in the windscreen area. As per our photographic evidence, the vehicle was parked in contravention of the advertised terms and conditions and therefore we can 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:

I HAVE EXCLUDED TH LINK HERE

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:

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

• Call us on: [Removed by Forum Team]
• Pay online:  LINK EXCLUDED
• 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 LINK EXCLUDED 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 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.

Coupon-mad

Please can someone help on what relevant links apply that should be include in my popla appeal.

Yes, have a look first at the thread I recently started with pictures of NTKs and tell us whether your NTK matches the POFA wording or the non-POFA version.

confusedannie

Thank you so much for replying. 

I looked at all the pictures and compared. My NTK looks like it has the POFA wording,’as in the first picture’. In the relevant paragraph (I’ll type it word for word) it  says… “ the amount of the unpaid parking charge  specified in this notice has not been paid in full, and we do not know both the names and current address of the driver, under paragraph 9(2)(f) of schedule 4 of the Protection of Freedom 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 the Parking Charge the amount due may increase to up to £170.00”.

I also can’t understand why I received the ‘Final chance before action’ letter that I received 13/11/23 (but it was dated 2/11/23!) after they had emailed me the Popla code on 10/11/23 before when I’ve not apealed to Popla yet?  on 13/11/23.
im also unsure of the time I have left to appeal to Popla the cut off date I mean.

Coupon-mad

33 days from rejection letter date.

KeithP

confusedannie said:

I also can’t understand why I received the ‘Final chance before action’ letter that I received 13/11/23 (but it was dated 2/11/23!) after they had emailed me the Popla code on 10/11/23 before when I’ve not apealed to Popla yet?  on 13/11/23.

Check that they are all referring to the same parking incident - same Parking Charge Number.

confusedannie

Thank you very much. After reading the points on what can be included to popla appeals, I’m still unsure which points apply and which I should include that would apply to my case. Any help would be very much appreciated please 

Not_A_Hope

Check out this link to see if your PCN is POFA compliant or not. If you haven’t told them who was driving you may be able to use non-compliance with POFA as a defence point in your POPLA appeal.

https://forums.moneysavingexpert.com/discussion/6483542/a-thread-of-pictures-of-2023-parking-firm-ntks#latest

Fruitcake

Is the retail park actually in Stockport, or is it the one at Cheadle Hume?

If the latter, the agents listed on this website might help with finding the landowner or landholder.

Stanley Green Retail Park, Earl Road, Cheadle Hulme, SK8 6PT (completelyretail.co.uk)

Fruitcake

confusedannie said:

Thank you very much. After reading the points on what can be included to popla appeals, I’m still unsure which points apply and which I should include that would apply to my case. Any help would be very much appreciated please 

Use all the points available to you from the third post of the NEWBIES. These should include where relevant, but not be limited to: -

Breach of Equality Act 2010 - Failure to make reasonable adjustments before and after they were made aware an occupant of the vehicle had protected characteristics = criminal offence
No breach of parking terms - Blue Badge was displayed. Put the PPC to strict proof that the parking operative made a thorough search of the vehicle through all windows and didn't deliberately take photos from angles that would not show the badge on display. Put the PPC to strict proof that it was not their operative who dislodged the BB during the observation and ticketing process. 
Not the landowner.
No standing to issue charges in their own name. Put the PPC to strict proof that the contrary is true.
Inadequate signage 
Non-PoFA compliant NTK 
BPA CoP failures
Anything else relevant

confusedannie

I didn’t see save draft so 2nd time re writing this….
Coupon mad - Thank you 

kieth p - all refer to the same parking incident - same Parking Charge Number.

Not a Hope - I checked pictures a nd it appears my PCN is POFA compliant, the wording says… “ the amount of the unpaid parking charge  specified in this notice has not been paid in full, and we do not know both the names and current address of the driver, under paragraph 9(2)(f) of schedule 4 of the Protection of Freedom 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 the Parking Charge the amount due may increase to up to £170.00”.
I haven’t told them who was driving.

Fruitcake - The retail park actually is the one at Cheadle Hume and I have emailed the agent Complete retail via the link you very kindly gave me to request contact details of landowner, landholder, management.

I’ve made a start on appeal copying and pasting all the points available from the third post of the NEWBIES into a word doc and included them. 

I saw Breach of Equality Act 2010 on here somewhere but am struggling to find it again to add it on to appeal on word doc. 

Should the whole of it be added or should I try to workout which bits apply and just add them?
Failure to make reasonable adjustments before and after they were made aware an occupant of the vehicle had protected characteristics. 

 ‘The BB was was displayed but (It had actually been knocked off the dash as disabled occupant struggled to get out of car) it was raining heavily too. Should I add this?

You’re  all so very kind thank you

Fruitcake

I wouldn't bother with putting too much detail in about their breach of the EA 2010 as they will probably ignore it. Just expand on the points I have used in my previous post.
The Blue Badge scheme does not apply on private land. An absence of Blue Badge does not mean an absence of disability.
Service providers are required by law to make reasonable adjustments for disabled persons with protected characteristics as defined by the Equality Act 2010. Service providers are also required by law to anticipate the needs of disabled motorists. This should include a motorist forgetting to display a BB, or the badge being dislodged by external forces. Failing to make such reasonable adjustments is indirect discrimination.
Once the PPC was made aware that an occupant of the car was/is disabled, continuing to pursue the charge became direct discrimination. Both indirect and direct discrimination are criminal offences.


I think the "Man on the Clapham Omnibus" (a well known and recognised legal term for the average reasonable person) would not believe that the badge slipped off the dashboard when the passenger got out because if that was the case, they or the driver would have seen it fall and put it back on the dash.

I believe it is much more likely that the badge was dislodged by wind rocking the car or by a person or persons unknown bouncing up and down with malice aforethought. Don't help the PPC. Put them to proof their operative searched for the badge, didn't take photos from odd angles, and didn't dislodge the badge during the ticketing process. 

Show us your draft appeal before you submit it.