Is an appeal likely to succeed?

piggywinkler

I've received a PCN from Premier Park and am looking for anyone with experience of a successful appeal based on a time technicality.

The PCN has photos of my vehicle parked at an angle with one front wheel outside the marked bay and the rear wheel on the line of the marked bay. The photos have date and time stamps which appear to be correct.

However the incident time stated on the PCN is incorrect. It is over 2 hours later than the time stamped photos. At the stated incident time my vehicle was back at home in the garage and I have GPS evidence to prove this.

I'm thinking of appealing the PCN on the grounds that at the time of the stated incident, my vehicle was at home and not in the car park. What are my chances?

Thanks in advance!

James_Poisson

I would send the template appeal from the newbies thread, and save that for POPLA personally.

Gr1pr

Appeals are routinely rejected by private parking companies,  they probably wont even read it 

Save your ammunition for popla or court 

piggywinkler

Thank you both. I daren't push it as far as court.

What do you think are the chances of POPLA siding with me?

Would I still be able to take advantage of the discounted charge of £60 if the parking company rejected the appeal and POPLA did too?

Gr1pr

Court is nothing to worry about,  just a civil dispute 

Popla is a lottery,  so not going to predict an outcome 

No, the full amount is in play if popla make a decision against you,  not that you have to pay,  payment is a choice,  as is non payment 

James_Poisson

You do realise you have an invoice from a stupid bunch of chancers I hope, this isn't a fine, penalty or authority issued ticket!

They are only interested in money not your appeal.

Umkomaas

piggywinkler said:

I've received a PCN from Premier Park and am looking for anyone with experience of a successful appeal based on a time technicality.

The PCN has photos of my vehicle parked at an angle with one front wheel outside the marked bay and the rear wheel on the line of the marked bay. The photos have date and time stamps which appear to be correct.

However the incident time stated on the PCN is incorrect. It is over 2 hours later than the time stamped photos. At the stated incident time my vehicle was back at home in the garage and I have GPS evidence to prove this.

I'm thinking of appealing the PCN on the grounds that at the time of the stated incident, my vehicle was at home and not in the car park. What are my chances?

Thanks in advance!

Can you confirm the full name of the parking company please?  There are at least three private parking firms using 'Premier' in their name.  Advice might be different depending on precisely which one is pursuing you. 

piggywinkler

@umkomaas The company is Premier Parking based in Exeter.

Umkomaas

piggywinkler said:

@umkomaas The company is Premier Parking based in Exeter.

The parking company based in Exeter is Premier Park (no 'ing') Ltd. Sorry to seem pedantic, but where PPCs have similar names, it's vital we know precisely which one we are dealing with for us to give accurate advice. 

Premier Park Ltd - 1st stage appeal 0% chance of success - 2nd stage appeal (POPLA) - chance of success 40%
Premier Parking Enforcement Ltd - 1st stage appeal 0% chance of success - 2nd stage (IAS) - chance of success 4%

Premier Parking Solutions Ltd - 1st stage appeal 0% chance of success - 2nd stage (IAS) - chance of success 4%

So, to answer your headline question about whether an appeal might succeed, hopefully the above gives you some idea. 

piggywinkler

Thanks for the info. No need to apologise for being accurate with the name. I did post Premier Park initially then made a typo second time which I couldn’t edit once posted

Coupon-mad

piggywinkler said:

However the incident time stated on the PCN is incorrect. It is over 2 hours later than the time stamped photos. At the stated incident time my vehicle was back at home in the garage and I have GPS evidence to prove this.

I'm thinking of appealing the PCN on the grounds that at the time of the stated incident, my vehicle was at home and not in the car park. What are my chances?

Pretty much 100% win at POPLA as long as you only appeal as registered keeper and don't write things like 'after I got home' etc.

I suggest 100% win is on the cards because the NTK fails to state the time of parking event which is a pre-requisite of POFA for keeper liability. And their own photos prove it.

Please show us the evidence:

- a zoomed-in pics of the two conflicting timestamps

- GPS evidence (don't show your full VRM to us of course. Cover your/your car data)

- a pic of both sides of the NTK.