Premier Park, B W Legal court claim 2025

Coupon-mad

Give POPLA a go. Ignore them if you lose. 

As per the NEWBIES thread 3rd post.

troublemaker22

You should appeal both cases to POPLA, but don't hold your breath because POPLA assessors are not legally qualified and some of them are remarkably dim when it comes to understanding POFA.  But the beauty of a POPLA appeal is that if you win, the operator must cancel the tickets but if you lose, the result is not binding on you and the only way the operator can make you pay is to sue you in a civil court and win case.  If it gets to that stage, this forum is packed with advice on how to beat the scammers in court. 

For starters, you should go through POFA with a fine tooth comb and look for any failures to comply https://www.legislation.gov.uk/ukpga/2012/9/schedule/4. 

This should get you started:

'1.      No keeper liability
I appeal as keeper.  I am not obliged to identify the driver and I decline to do so. Even if (which is not the case) the driver is liable, the operator can only transfer the driver’s liability to the keeper by complying with the strict requirements set out in Schedule 4 to the Protection of Freedoms Act 2012 (‘POFA’). As recognised in the BPA Code of conduct, strict compliance with POFA is required. Partial or even substantial compliance is not sufficient:

"21.2 As long as the strict conditions of Schedule 4 are met, you may claim payment from the keeper or the hirer of the vehicle rather than from the driver. To do this you need to follow the procedures set out in the Schedule…"

 POFA paragraph 9.(2) (f) states that a notice to keeper "must ...:

warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given—

(i) the amount of the unpaid parking charges … has not been paid in full, and

(ii) the creditor does not know both the name of the driver and a current address for service for the driver,

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid.

The PCN does not  comply with POFA paragraph 9.(2) because it fails to state that the operator’s right to recover from the keeper is subject to all applicable conditions under POFA being met.

[add in any other POFA fails you spot]

2. No driver liability
Furthermore, the keeper cannot be liable if the driver is not liable.  The driver is not liable for the following reasons:-

[add all the reasons you can think of why the driver isn't liable finishing with the following]

The operator has failed to demonstrate that its signage was adequate to give rise to a contract with the driver to pay the parking charge.  Nor has the operator proved that it owns the land in question or was authorised at the relevant time by the landowner to issue and enforce parking charges.  I reserve the right to expand on these points in light of any arguments or evidence put forward by the operator in response to this appeal.'

The last points are important because operators often trip themselves up with their evidence in response to appeals; for example putting in stock copies of signs instead of photos of the actual signs on site or failing to produce a landowner contract that covers the relevant land on the relevant date or which does not show a signature by the landowner.  At that point POPLA doesn't allow appellants to raise new issues but I have found that the above wording is sufficient to enable me to go for the jugular on signage and authority if the operator's evidence isn't good enough on these points.

brighton74

Hi All
Just received Letter Before claim from Gladstone Solicitors, Is this the correct response:
Dear Sirs,

Your Ref. ############
Proposed Legal Proceedings
Claimant: xxxxxx xxxxxxxx Ltd

I refer to your your letter of claim.

I confirm that my address for service for the time being - assuming you don't faff about and delay any claim - is as follows, and any older address must be erased from your records:
[Correct address here]

The alleged debt is disputed and any court proceedings will be vigorously defended.

I am sourcing and seeking independent debt advice and as such, I formally request that this matter be put on hold for an additional 30 days, in accordance with the Pre-Action Protocol for Debt Claims 2017 ('the PAP').

I note that the amount being claimed has increased by a hugely exaggerated amount which the Government called "extorting money from motorists".

Don't send me your usual blather about that.
I have two questions, and under the PAP I am entitled to specific answers:

1. Am I to understand that the additional £70 represents what you lot dress up as a 'Debt Recovery' fee, and if so, is this nett or inclusive of VAT? If the latter, would you kindly explain why I am being asked to pay the operator’s VAT?

2. With regard to the principal alleged PCN sum: Is this damages, or will it be pleaded as consideration for parking?

Yours faithfully

brighton74

Court claim

Gr1pr

OK,  do the AOS online over this weekend,  not before 

Edit your thread title to something more suitable like 

Premier Park,  B W Legal court claim 2025

The alleged breaches are not pleaded in the POC

Coupon-mad

I don't think you have to do the AOS until the detailed POC arrive. At the moment no POC have been served. Wait for that and show us.

@Johnersh or @bargepole or @troublemaker22 will correct me if I am wrong to tell you to wait for the POC.

Secondly, you already have a live (defended now?) court claim dated 30th May for Premier Park saying there are unpaid parking charges at Industrial House:

https://forums.moneysavingexpert.com/discussion/6610736/claim-form/p1

They can't have a second bite at the cherry. Search the forum for threads with defences that talk about:

Henderson cause of action estoppel

brighton74

This claim is for a different vehicle… The car isn’t in a bay or the car park boundaries… When the council decided to rent out this strip of land the Serveyor told me my car is outside the perimeter of his drawing… They have the postcode and address wrong to

Coupon-mad

What do you mean about the surveyor's map? Please show it.

And where on site was the car?

You are the same data subject (same name and address) so a different car makes no odds. They should have served just one claim. 

brighton74

This is where the car was… I don’t have the surveyors map… When they were lining the bays my car was in this space there was a tow truck removing cars further up… I spoke to the surveyor and he told me they couldn’t put a bay where my car was… Ever One parking solution never ticketed there when they run the car park

brighton74

Yes both vehicles are in my name and address