Premier park milton keynes planet ice - appeal rejected

rsrk

This was a frustrating experinece.

I booked ice skating session in Milton keynes planet ice in December. I parked in the evening for about 3 hours (it was a four hour session). There was no signage or clear indication that we have to pay for parking. One would assume that if a session is booked there is no need to pay for parking. neither me nor my wife noticed any signage around and I am sure several others also had same problem. I actually parked in the extension of car park that is to the side of the building wehre there are no clear signs to indicate we need to pay for parking and it was my first visit to that place. Moreover it was a lease car. I got a NTK from premier parking after lease company gave my address details. I therefore appealed to them as below:

Dear Sir/Madam Re: PCN No. xxxxxx I challenge this 'PCN' as lessee of the car and subsequently request all future correspondence be sent directly to myself at the address listed below: xxxxxxxxxxxxxxxxxxxxxx I am the vehicle's hirer and keeper for the purpose of the corresponding definitions under Schedule 4 of the Protection of Freedoms Act 2012 (POFA) now it is proven that in this instance, the registered keeper is not the "keeper" (as defined under POFA), Civil Enforcement has no reason to contact xxxxxxx again regarding this PCN I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers. Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. There will be no admissions as to who was driving and no assumptions can be drawn. You must either offer me a POPLA code or cancel the charge. Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice. Yours faithfully, xxxxxxxxx

But my appeal got rejected with reply below:

Dear,              

Thank you for your appeal against the above Parking Charge Notice (PCN). We have carefully considered your appeal, however on this occasion the appeal has been rejected for the following reason;

Whilst we note the comments and reason for appeal, we can confirm that the vehicle remained on site for 2 hours and xx minutes with no payment or permit made to authorise your stay. We must advise that this car park is run by Automatic Number Plate Recognition (ANPR) cameras which take a time and date stamped image of the vehicle on entry and exit, measuring the length of time the vehicle remained on site, this information is then cross-referenced with the data from the payment services & permit systems. Due to no payment or permit being found, we can confirm that this PCN has been issued correctly.

We have considered this PCN and found that it does not fall under the category of Annex F the Appeals Charter of the Single Code of Practice. Therefore, if no further evidence is provided, we will deem this to be our final decision. 

You have now reached the end of our internal appeals procedure and therefore you now have two options; you can either pay or appeal to POPLA - you cannot do both:

You can pay the total amount due as shown above via the following payment options;

• Call us on: 01302 513232
• Pay online: www.pcnpayments.com
• Send a postal order: Premier Park Ltd, PO Box 624, Exeter, EX1 9JG

Or, you can appeal to an Independent Appeals Service, POPLA (Parking on Private Land Appeals) using the POPLA reference code provided above. Please note, should you decide to appeal to POPLA and your appeal is subsequently rejected or you withdraw your appeal, the option to pay a discounted amount will no longer be available (if applicable) and the full amount of the PCN will become due. Please note, if you pay the PCN prior to appealing to POPLA, your appeal will be withdrawn as you will have accepted liability in full.

If you decide to appeal to POPLA, you will need to visit their website, www.popla.co.uk where further details of how to appeal (either online or by downloading the relevant forms) can be found. If you are unable to access their website, please call us for further information on how to obtain the forms. Please ensure your POPLA Reference Number, as noted above, is quoted on all correspondence to POPLA. You have 28 days from the date of this email to submit an appeal to POPLA. If you appeal to POPLA we will suspend recovery activity on the PCN and the charge will not increase until the appeal has been determined.

By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above.

If you do not make payment or submit an appeal to POPLA within the relevant timeframe, the outstanding PCN may be passed to our appointed debt collection agency for further action. All costs associated with this process will be added to the amount outstanding.

Please advice as to how to proceed. This is really unfair as I am quite good at paying for parking. I went back to that site to actually see where the parking singage is and I noticed a small board near the entrace which is impossible to locate in the dark. please advice

Jame4ters

Don’t pay.

Have a read of the “Newbies” thread.

A small board that can’t be seen in the dark isn’t adequate signage

Have you tried Plan A?

Gr1pr

Has the driver been revealed in the appeal to PP. ?

Coupon-mad

"Premier parking"

No such company but there are three possibles. If you mean Premier Park please edit the thread title accordingly, as it will always cause us confusion as you work through this.

Unlikely to win at POPLA unless the NTK was non-POFA or if you get copious pictures of the site in pitch black (not at dusk). That evidence can win at POPLA.

But losing at (or just not bothering with) POPLA is fine too. Nobody would pay an unfair private PCN from some random ex-clamper.

🙂

rsrk

THank you for the suggestions. I have edited the title to "premier park" - thanks for spotting this. I have clearly said that there will be no admission as to who was driving the car. Me and my wife are leaseholders and I got the ntk thorugh email the leasing company gave away my email address to them. I have uploaded the redacted copy of the ntk. how to know if it is POFA compliant? should I proceed with appeal to POPLA and mention the same points I mentioned in the original appeal? I did speak to planet ice but they said I have deal with it and they have no control over parking tickets. Many thanks for your collective input

Jame4ters

You’ve left your registration number showing but not shown either the date of the incident or the date the letter was issued

rsrk

I have edited the post so reg no is hiddne. date of incident was 26 dec

James_Poisson

https://forums.moneysavingexpert.com/discussion/comment/81919752#Comment_81919752

I'm afraid you haven't, it's as clear as day in both ANPR photos!

1505grandad

" I am the vehicle's hirer and keeper for the purpose of the corresponding definitions under Schedule 4 of the Protection of Freedoms Act 2012 (POFA) now it is proven that in this instance, the registered keeper is not the "keeper" (as defined under POFA), Civil Enforcement has no reason to contact xxxxxxx again regarding this PCN "

Just checking (and perhaps for information re further use of c & p) was this name used in the appeal to Premier Park?

Gr1pr

We can definitely see the VR details in the pictures !

Looks like you failed to adapt the parking company name in the initial appeal too, rookie mistakes

Appeal to popla based on Premier Park having failed to comply with Pofa2012 regarding their Pofa2012 failures, ergo the hirer has no liability and the driver has not been identified

I suggest that you study a previous hire or lease vehicle popla appeal and plagiarise it to suit, anything in the last 18 months would be very useful

The key points

Driver not identified

Premier Park failed to comply with Pofa2012

No hirer liability

Coupon-mad

Oh great! Hirers can't lose at POPLA.

🙂