PCN from Premier Park - advice on what detail to include in appeal

daeargwr

I’ve read the Newbies thread and have a question about Plan B.  In the advice it says

“You can (carefully!) add a little to the template above, 'in order to resolve the dispute I attach copies of...':
- the driver's receipts/bank transactions (or Hospital Appointment/Hotel booking, etc.) that day as 'they' were a genuine customer/patient, etc.”

Would this include evidence of the pay and display tickets covering the parking period? I still have the physical tickets and receipts

Background:

Received a notice to keeper after parking in a private car park in Tenby last week

They have an ANPR camera at the access road to the car park which is where the timings and photos are taken.

According to their letter I entered the car park (passed the ANPR camera) at 10:00. By the time I’d found a space, gone to the pay and display machine, read the charges and terms, queued and paid for a ticket it was 10:07, to expire at 13:07.

Later, I decided to stay for an extra hour so I went back and paid for another hour of parking (checking the signage to make sure there wasn’t anything on there to say you couldn’t extend your stay).  By the time that ticket was issued on the machine it was 13:08, with the ticket expiring at 14:08.

The letter states we exited the car park (passed the ANPR camera) at 14:10

The letter states a total duration of 4 hrs and 10 minutes and I’ve got pay and display tickets covering 4 hours and 1 minute of that.

Reading the most recent code of practice from BPA / IPC I can see I’m well within the 10 minutes grace period for exit. Does the Grace Period also cover the time before physically purchasing a ticket? Or only after expiry – the code of practice reads like it applies to the total time parked?

I’m also unclear on the consideration period – given I took 7 minutes to physically get a ticket from the pay and display machine by the time I’d found a space, queued for the machine and made payment.  Or is that irrelevant as the 10 minute Grace Period covers me anyway?

Do I mention this now or is that best left for a future potential POPLA appeal?

Thanks

Gr1pr

Consideration period is BEFORE the driver decides to stay or leave, so in this case before payment is made,  typically 5 minutes 

Grace period is a MINIMUM of 10 minutes,  AFTER the authorised parking period has expired 

You used to be allowed BOTH a decade ago,  but not so much these days as they want to catch people out 

State that full payment was made for the duration of the time on site plus any Consideration period plus Grace period as detailed in the BPA Code of Practice and copies of the 2 proofs of payment are attached to prove it,  so there was no breach of the parking contract because full payment was made on the day, before leaving 

No blabbing about who was driving,  it's a keeper appeal 

daeargwr

Thanks.  I've drafted this using the template in the Newbie section and added your suggested text:

Re PCN number:

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

In order to resolve the dispute I attach copies of the parking tickets and proof of payment demonstrating that full payment was made for the duration of the time on site plus any Consideration period plus Grace period as detailed in the BPA Code of Practice. There was no breach of the parking contract because full payment was made on the day, before leaving.

Coupon-mad

The letter states a total duration of 4 hrs and 10 minutes and I’ve got pay and display tickets covering 4 hours and 1 minute of that.

You should win this at POPLA because it looks like they're trying it on with (effectively) a 5 minute rule PCN. That was banned months ago.

daeargwr

Off to POPLA it is then as they've (not surprisingly) rejected my appeal to the parking company itself

daeargwr

Vehicle Registration: 

POPLA Verification Code:

I, the registered keeper of this vehicle, received a letter dated XXXXX acting as a notice to the registered keeper. My appeal to the Operator – Premier Park Ltd. – was submitted and acknowledged on XXXX2025 but subsequently rejected by email dated XXXX/2025.
I contend that I, as the keeper, am not liable for the alleged parking charge and wish to appeal against it on the following grounds:

1)    Grace Periods: Single Code v1.1 – Non-Compliance with Mandatory Consideration and Grace Periods

2)    There Are No Compliant Entrance Signs and the On-Site Signage Is Not Prominent, Clear or Legible from All Parking Spaces

3)    No Evidence of Period Parked – NtK Does Not Meet POFA 2012 Requirements

4)    No Evidence of Landowner Authority – Operator Is Put to Strict Proof of Full Compliance with Clause 14 of the Single Code

5)    Operator Has Failed to Produce Pay-and-Display Machine Records Proving the Alleged Unpaid Period of Parking

 1. Grace Periods: Single Code v1.1 – Non-Compliance with Mandatory Consideration and Grace Periods

Premier Park have failed to comply with Clause 5 and Annex B of the Private Parking Sector Single Code of Practice v1.1 (Feb 2025), which require a consideration period of at least 5 minutes upon arrival and a grace period of at least 10 minutes after expiry of paid parking time. These two periods must both be applied, and no enforcement may occur within either.

The ANPR system recorded a total duration of 4 hours 10 minutes.   This constituted:

1.      Passing the ANPR camera at 10:00

2.      Purchasing a ticket at 10:07.  The driver paid a total of £4 for four hours of parking (an initial £3 for three hours of parking plus a further £1 for an additional hour).

3.      Ticket expiry 14:08

4.      Exiting past the ANPR camera at 14:10

The alleged “overstay” of 10 minutes is entirely explained by normal activity at the start and end of the stay which included: identifying and accessing an appropriate parking, parking, reading the terms, paying at the machine (including queuing), and later remaining briefly in the vehicle before departure.

·       I was travelling with young children and drove around the car park to see if they had parent and child spaces available. 

·       There were none so I then waited for another space to become free and parked.

·       I then walked to the payment machine to be able to read the parking terms and conditions as they were not visible from the space I was parked in.

·       I then had to queue to make payment at the pay and display machine

By failing to allow the mandatory consideration and grace periods, Premier Park have breached Clause 5 and Annex B of the Single Code. The alleged contravention is unproven and the charge must be cancelled.

 2. There Are No Compliant Entrance Signs and the On-Site Signage Is Not Prominent, Clear or Legible from All Parking Spaces

Premier Park have failed to meet the signage standards required by Clause 3 and Annex A of the Private Parking Sector Single Code v1.1 (Feb 2025). These clauses require:

·       An entrance sign clearly displaying “Private Land”;

·       The operator name and ATA logo;

·       Clear information about payment and terms;

At the Royal Gatehouse car park, there is no prominent entrance sign visible to drivers on approach from the main road (see photos below Figures C1-C3).  The signs are only visible after entering the site and passing the ANPR cameras.

The main sign is high-mounted, cluttered with dense text, and the £100 charge is buried in small print (Figures C4 & C5). The signs fail to identify any marked bays or site boundaries, and a driver cannot easily determine where terms begin or end.

Therefore, no contract could have been formed because the terms were not properly brought to the driver’s attention, as required by Clause 3 and established consumer law.

 

3. No Evidence of Period Parked – NtK Does Not Meet POFA 2012 Requirements

The Protection of Freedoms Act 2012, Schedule 4, Paragraph 9(2)(a) requires that a Notice to Keeper must “specify the period of parking to which the notice relates.” Premier Park’s NtK merely lists the ANPR entry and exit timestamps, which are not evidence of parking.

ANPR cameras record only vehicle movement at the site boundary, not actual parking duration. Without a specific parking period, the NtK is non-compliant with POFA 2012 and keeper liability cannot apply.

Further, the NtK fails to state a single “amount of unpaid parking charge” as required under paragraph 9(2)(d), merely listing alternative discounted and full rates. The NtK is therefore defective and unenforceable against the keeper.

 

4. No Evidence of Landowner Authority – Operator Is Put to Strict Proof of Full Compliance with Clause 14 of the Single Code

Clause 14 of the Private Parking Sector Single Code v1.1 (Feb 2025) requires operators to hold written landowner authority that defines:

·       The exact boundaries of the land;

·       The hours and conditions of enforcement;

·       The tariffs and exemptions; and

·       Proof of planning and advertising consents for signage and equipment.

Premier Park have produced no evidence of such authority. Without a contemporaneous, unredacted contract granting enforcement rights, the operator has no legal standing to pursue parking charges. POPLA should therefore allow this appeal.

 

5. Operator Has Failed to Produce Pay-and-Display Machine Records Proving the Alleged Unpaid Period of Parking

Premier Park acknowledge that payment was made, yet have failed to produce machine logs showing what duration £4 purchased or when it expired.

The burden of proof lies with the operator. Without clear payment records or tariff details, it cannot be shown that any unpaid period occurred at all. POPLA cannot simply assume a breach on the basis of ANPR entry/exit times when the paid duration and tariff are unknown.

 

 Conclusion

For all the reasons set out above, the charge is unenforceable. Premier Park Ltd have failed to comply with the Private Parking Sector Single Code of Practice v1.1 (Feb 2025) and the Protection of Freedoms Act 2012.

The driver paid for four hours of parking, and the alleged overstay is fully accounted for by the mandatory consideration and grace periods. The signage is non-compliant, the NtK defective, and the evidence incomplete.

Accordingly, I respectfully request that POPLA allow this appeal and direct Premier Park Ltd to cancel the Parking Charge Notice.

daeargwr

How is that for a POPLA appeal?  I've based it on examples in other threads and the Newbies thread

1505grandad

" I was travelling with young children and drove around the car park to see if they had parent and child spaces available."

As you have stated that RK and driver are the same person your para re POFA is not relevant.

daeargwr

1505grandad said:

" I was travelling with young children and drove around the car park to see if they had parent and child spaces available."

As you have stated that RK and driver are the same person your para re POFA is not relevant.

I'll amend that bit

Coupon-mad

Remove the first paragraph.

Start by talking about the 5 minute rule clause in the joint Code.

daeargwr

Coupon-mad said:

Remove the first paragraph.

Start by talking about the 5 minute rule clause in the joint Code.

Just to clarify which first para do you recommend removing?