Parking on a white line?

Coupon-mad

Remove "even though we had not made an appeal." because you don't want POPLA thinking this is outside their 'appeals process' remit.

Typo here, no such company:

On 17th October, we wrote to Premier Parking 

flyer

Coupon-mad said:

Remove "even though we had not made an appeal." because you don't want POPLA thinking this us outside their 'appeals process' remit.

Typo here, no such company:

On 17th October, we wrote to Premier Parking 

Appeal submitted!

Le_Kirk

flyer said:
On 14th October Premier Park emailed rejecting our appeal, even though we had not made an appeal.

On 17th October, we wrote to Premier Parking stating that, as they have forfeited their right to keeper liability, could they please confirm that they shall now cancel this charge? We have had no response to this letter.

Which one is it?

flyer

Le_Kirk said:

flyer said:
On 14th October Premier Park emailed rejecting our appeal, even though we had not made an appeal.

On 17th October, we wrote to Premier Parking stating that, as they have forfeited their right to keeper liability, could they please confirm that they shall now cancel this charge? We have had no response to this letter.

Which one is it?

Premier Park Limited

flyer

So Premier Park have submitted their response to my appeal as follows 

On the date of the contravention, our operative observed the vehicle Not Parked Wholly Within Bay, as the rear driver side was parked over the marked line of the bay and into the second bay. By the Driver parking in this manner, they were preventing the second bay from being used.

It is the driver’s responsibility to seek out the terms and conditions and ensure that they understand them, before agreeing to the contract and parking.

When entering on to a managed car park, motorists are given a reasonable grace period to check the terms and conditions and to leave the site before a PCN is issued. If this time is used for anything other than checking and complying with the terms and conditions, the motorist is considered to have accepted the contract, as they are making use of the facilities the operator is providing.

As per the BPA code of practice, no grace period is required to be offered when a parking event has taken place. As the vehicle was left parked, the Driver accepted the terms and conditions and entered into the contract.

By the Driver parking not wholly within a bay and over the bay markings, the vehicle was further causing an obstruction to other motorists and preventing the second bay from being used.  

The terms and conditions of parking are clearly stated on the signage and apply to all areas of the car park, irrelevant of whether the car park is quiet or busy. It is the responsibility of the driver of the vehicle to ensure that they have located, read and are able to fully comply with the terms and conditions of parking at all times.

The terms and conditions of parking apply at all times and to all users of the car park. There are no exceptions to these. Premier Park Ltd cannot be held liable for the Driver believing the terms and conditions did not apply to them.

At the time the Parking Charge Notice was issued the Operative could not have reasonably been expected to know of the Driver’s circumstances and reason for not parking wholly within a marked bay. We cannot be said to have treated them unfairly at the point we issued the Parking Charge.

If the Driver was unable to park wholly within the marked bay due to any reason, they could have sought an alternate parking bay or exited the car park until they were able to comply.

The signage clearly states that vehicles must park in marked bays only and not cause any obstruction to other users of the parking area. By the Driver not parking wholly within the bay, they were causing an obstruction to other users.

Premier Park Ltd would advise the PCN was issued to the same address as the First Reminder. If the Appellant is concerned about not receiving their post, we would advise they contact their local Post Office with any further concerns.

Within the PCN issued to the Registered Keeper, it clearly states: ‘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 to the driver.’

Driver is not named, however, Notice to Keeper now states: “if, after the period of 28 days beginning with the day after that on which this notice is given – the full 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’ .” in respect of providing driver details. Therefore, Premier Park Ltd have offered the Registered Keeper the opportunity to name the Driver at the time of the contravention.

Whilst we note the comments that no evidence was provided, we would advise images captured by the Operative are provided on the First Reminder. These would also have been provided to the Appellant, upon them making their on-line appeal to Premier Park Ltd:  

flyer

So they're saying that if I'm concerned about not receiving post I should contact the Post Office!

Umkomaas

Any chance you might break up that slab of text with some paragraphs, to make it easier to read please?

flyer

Should our response be
A. We never received the PNC
B. The company cannot be the driver?

flyer

Umkomaas said:

Any chance you might break up that slab of text with some paragraphs, to make it easier to read please?

All Done now

flyer

Anyone????