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

daeargwr

Hi all.  I submitted by appeal to POPLA and Premier Park have now submitted their evidence.  I'm in the process of rebutting that as set out in the newbies thread but there's one line they've included which I'm not sure how to respond to:

'We can confirm we are holding the Appellant liable as the Driver for this PCN'

Are they saying this because they are transferring liability to the registered keeper or genuinely believe the driver is the appellant?  The appeal made it clear that the appellant is the registered keeper. I assume I rebut this by making clear the driver has not been identified and the appellant as register keeper contend they are not liable.

Gr1pr

Yes,  you seem to understand their assertions,  and the counter

daeargwr

My appeal was successful! Thanks to everyone here for your advice

Decision Successful

Assessor Name Alexandra Roby

Assessor summary of operator case

The operator’s case is that the motorist didn’t pay for their whole period of parking.

Assessor summary of your case

For the purpose of my report, I’ve summarised the appellant’s grounds into the following points and checked each point before coming to my conclusion. The appellant has stated that: • consideration and grace periods were not applied; • the operator hasn’t shown that there was an unpaid period of parking; • the signage doesn’t comply with the British Parking Association Code of Practice; • evidence of the period parked hasn’t been provided; and • evidence of landowner authority hasn’t been provided. To support their appeal, the appellant has provided: • a photograph of tickets; • photographs of the site; and • photographs of the signage. After reviewing the operator’s evidence, the appellant has reiterated their grounds of appeal and provided comments.

Assessor supporting rational for decision

I’m allowing this appeal with my reasoning below: The operator has issued the Parking Charge Notice (PCN) as the motorist’s vehicle was on site for four hours and 10 minutes and they only purchased four hours of parking time. Section 5.2 of the Private Parking Sector Single Code of Practice requires a parking operator to allow a grace period in addition to a permitted parking period. Annex B indicates that the grace period for this site should be 10 minutes. After applying a 10-minute grace period to the motorist’s stay, I cannot be satisfied that a breach of the terms occurred. Therefore, I’m not satisfied that the PCN was correctly issued. Although I acknowledge the appellant’s other grounds of appeal, evidence, and comments, addressing them will not have any bearing on my decision. Accordingly, the appeal is allowed.

Coupon-mad

Great stuff!

I see you added it to POPLA Decisions too, so more people can see it.

1505grandad

"After applying a 10-minute grace period to the motorist’s stay, I cannot be satisfied that a breach of the terms occurred. Therefore, I’m not satisfied that the PCN was correctly issued."

If it were me a very strongly worded complaint would be sent to the DVLA that they have sold and provided your personal data to known scammers without reasonable cause - the reply will be their usual BAU bs but the more complaints the better.