Claim Form - Premier Park Limited

Ineedausername

Hi all

Hope we are all good

I had previously requested support - many moons ago and that support was immeasurable. I still to this day, refer people to this particular forums for any advice and support for their PCN's.

I now have another PCN to contend with - this time its Premier Park Ltd.

Its been going on for about 12 months plus* (*Originally I stated 8/9 months).

I have been following the advice here to get me this far. The miscreants have now sent a Claim Form. Ill be following the sticky outlined for the next steps and working through that as its the first one for me.

For context:

I am the registered keeper, not the driver on this day

Parking paid for two hours using the parking meter. Enter your reg, pay and pop the ticket on the dashboard. Done

Stayed for 57 mins

Received the PCN stating no payment was made

Upon checking the ticket, the last three digits of the reg plate were not printed on the ticket, only the first three characters (its a cherished plate)

Appealed following their process. Premier Park offered £20.00 to settle. Declined it as there was no fault

SAR revealed the ticket was purchased, showing the first three characters of the reg

Appealed to POPLA. They sided with Premier.

Ignored the continuous barrage of letters and inflated charges and debt collection letters.

Now the Claim form has landed this morning. 

I am reading and researching the letters, would be grateful for any advice, pointers when I post my defense in the coming days

All the best

INeedAUsername

Coupon-mad

Please change your thread title - and the post above - to the correct parking firm name, first of all, or we'll be confused as it progresses.

Ineedausername

Thanks - correction made

Coupon-mad

Good, thought so.

Please show the POC and tell us the Date of Issue, the date when you did the AOS online and which solicitor firm filed the claim?

Ineedausername

Hi 
Claim Form - Date of issue is 3rd Oct (is this the POC you refer to?)

AOS - 12th May 2023 (Is this the AOS you refer to?) If so, their decision is pasted below

Gladstones Filed the claim

Decision

Unsuccessful

Assessor Name

Robert Andrews

Assessor summary of operator case

The operator has issued the Parking Charge Notice (PCN) due to whole period of parking not paid for.

Assessor summary of your case

The appellant has raised the following points from their grounds of appeal: • They state the correct parking fee was paid and they left within the allocated time. They ticket was also displayed in the driver’s side of the windscreen. • They state the ANPR cameras on the site seems to be non-operational. • They note the parking operator have reduced the PCN to £20 and they feel this is because they are aware of the technical issues. After reviewing the parking operator’s evidence, the appellant expands their grounds of appeal in relation to: • They state the ticket shows the full amount was paid. • They have asked the parking operator to cross reference the ticket reference and the vehicle parked. The appellant has provided the following as evidence to support their appeal: 1. The parking ticket they purchased. The above evidence will be considered in making my determination.

Assessor supporting rational for decision

When assessing an appeal POPLA considers if the parking operator has issued the parking charge notice correctly and if the driver has complied with the terms and conditions for the use of the car park. They appellant has explained they purchased a ticket for their parking event and they have provided evidence of this. The British Parking Association (BPA) has a Code of Practice which set the standards its parking operators need to comply with. Section 17 of the Code recognises that drivers are more frequently required to enter their vehicle registration when paying for parking or registering for a permit. Section 17.4B requires the parking operator to have a process for dealing with major keying errors. Where more than one character has been incorrectly entered, it requires the parking operator to offer to reduce the amount of the PCN to £20 if it can be shown that the driver was a genuine user of the site. 

In this case, the signage explains that the full vehicle registration is required when paying for parking and as the full and correct vehicle registration was not entered, the parking operator could not find a payment which led to the PCN being issued for no payment. The parking operator has acknowledged the appellant’s evidence and that a payment was made and they have acknowledged this as a major keying error and they have reduced the PCN to £20. This is in line with the BPA. As the appellant has not accepted this reduced amount, the parking operator would be within their rights to seek the full PCN amount of £100. 

The appellant has also questioned the ANPR cameras on this site. Every accessible entry and exit point to this car park is managed by either an entry or exit camera which takes an infrared image of the vehicle registration as it passes by. As I accept there is the possibility for inaccuracies, I am happy to accept any evidence that suggests the appellant’s vehicle was elsewhere for this duration of time. Two ANPR images featured on the PCN show the appellant’s vehicle entering site at 10:56 and vacating at 11:53, 57 minutes after arriving. However, no evidence has been provided by the appellant to show that they were in an alternative area between the times pictured on the PCN, so we are unable to presume that they were not on site after being pictured entering at 10:56 and not leaving until 57 minutes later. As the appellant has not provided any evidence to the contrary, I will work on the basis that the information is accurate. After considering the evidence from both parties, the appellant’s whole period of parking was not paid as they did not enter their full registration number and therefore did not comply with the terms and conditions of the site. As such, I am satisfied the parking charge has been issued correctly and I must refuse the appeal.

Thanks

Coupon-mad

is this the POC you refer to?

Nope. Read some other current claim threads and show us the POC please (an image).

KeithP

You have given us the Issue Date from your Claim Form.

Can you please show us a picture of the Particulars of Claim - with all personal detail hidden of course.

Have you filed an Acknowledgment of Service?
If so, upon what date did you do so?
Your MCOL Claim History will have the definitive answer to that.

Ineedausername

Hi
POC Attached as an image
AOS has not been sent as the letter was dropped at my door today
Currently, it stands at £267.64p for a ticket that was paid for the duration the vehicle was parked there. 

KeithP

You need to be aware that those Particulars of Claim are totally inadequate.

Nowhere in those Particulars is there any explanation of what the driver is alleged to have done wrong.

This will be an easy win.

With a Claim Issue Date of 3rd October, you have until Tuesday 22nd October to file an Acknowledgment of Service.  Do not file an Acknowledgment of Service before 8th October, but otherwise there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.
Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 5th November 2024 to file a Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Ineedausername

Brilliant!

thanks for the speedy response

im away on a work trip with limited access to the interweb in the coming days

Ill get the AoS sent on Tuesday and draft up a defense 

appreciate your time in helping me with this!

all the best

Coupon-mad

No draft needed really. So easy.

You'll be using the alternative words linked in the third para of the Template Defence and just adding your facts as para 5, underneath the CEL v Chan images.