Parking on a white line?

Gr1pr

You cannot just answer every question that wasn't asked. !

The simple fact is read the question, and answer it, even when its not the correct question 

If the question is, do bears &£#@ in the woods, the answer is a simple yes, not war and peace about their toilet habits 

Read my 2524 replies, they are all helpful, its why we reply 

There are no forum rules on how you reply to people, other than be respectful etc, so don't try telling other members how they should reply to questions, its up to the individual how they reply, be it a simple yes, or 1000 words or more 

But the forum rules do state the following 

It's OK to disagree, but be civil, keep your tone friendly and don't be aggressive or make personal attacks on other members of the community. Before you post, think, 'could what I have written be read as unfriendly and upset someone?' and/or, 'how might this be perceived/make someone feel?'.

I did not ask for feedback concerning my initial reply

The announcements are there for the basics, like the newbies sticky thread, Parking over white lines or bay markings isnt allowed on any Private or council monitored car parks, so that type of bad parking inevitably attracts a PCN, as the pictures show and as KeithP pointed out 

I replied with a respectful answer to the question that was asked and nobody has the right to dissect it or tell me what else should be in it in regards to what wasn't asked 

flyer

KeithP said:

It does seem strange though that the 'Final Chance Before Action' is addressed 'To Whom It May Concern'.
@flyer, are you, as an individual, the Registered Keeper or is a company involved?

Yes, it's in my company name. Does that make a difference?

Gr1pr

Definitely, please read the bottom of the first post in the newbies sticky thread in announcements by coupon mad, the section for hire or lease contract vehicles . A company cannot be the driver 

Nobody here is telling you to pay  !  We are telling you to read the advice and get up to speed 

flyer

Thank you. I think I've found the right template. Is it any relevance that I am both the owner of the company and the driver, or shall I just send the template letter as is?

flyer

Also, should I ask for a copy of the original notice before I send my appeal letter?

Coupon-mad

flyer said:

Also, should I ask for a copy of the original notice before I send my appeal letter?

No.

Just go online and appeal in the name of the 'company Ltd' - NOT YOUR NAME - and use the Edna Basher 'ABC Company' template (obviously changing to the real company name).  Add what I suggested earlier.

flyer

Letter sent via their appeals system. I'll keep you posted!

flyer

Wow. So I wrote to them in my company name..., 

We are in receipt of a Final Chance Before Action letter dated 19th September 2024 referencing the above-detailed Parking Charge Notice ("PCN") dated 2nd September 2024 and issued by Premier Park Ltd to our company XXX  in respect of an issue at Y.

We confirm that XXX is the vehicle's owner and keeper for the purpose of the corresponding definitions under Schedule 4 of the Protection of Freedoms Act 2012 ("POFA") and we write to dispute this PCN.

As no PCN or NTK was ever issued we will be complaining to the BPA that Premier Park has gone straight to a hybrid pseudo-reminder threat instead of the letters required in clause 24.4 of the Code of Practice.

Although the PCN states the reason for issue as "not parked wholly within bay", it provides no evidence to support this claim. In the absence of any conclusive evidence in support of the alleged breach, we trust you will agree that it would be unreasonable for Premier Park Ltd to expect us to pay this charge.

Within 28 days please provide us with written confirmation of Premier Park Ltd's acceptance that it cannot and does not hold XXX liable for this parking charge and that this is now purely a matter between Premier Park Ltd and the driver.

Thank you for being so cooperative and we look forward to receiving this confirmation.

They have responded with a pretty standard letter addressed to me PERSONALLY, with no reference to the company, and denying my appeal....

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 and reason for appeal, as per our photographic evidence, the vehicle was parked in contravention of the advertised terms and conditions. As the vehicle was not parked fully within a bay, we can confirm that this PCN has been issued correctly.

 

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.

I would welcome advice on how to move forward.

Coupon-mad

Appeal to POPLA in the name of the company.  Copy any NTH POPLA appeal.

flyer

Coupon-mad said:

Appeal to POPLA in the name of the company.  Copy any NTH POPLA appeal.

Apologies, but I know nothing about this area of the law.

1. Appeal on what grounds
2. What does NTH mean?