£100 charge from Premier Parking for collecting a takeaway. Need clarification on next steps/ risks

anxiousopossum

Okay so I'm new and confused and have looked at guides re. the legal process after neglecting to pay their demanded charges. Just want some clarifcation/ guidance. Currently, appeal has been denied (of course) - the deadline for paying 'reduced' charge of £60 closes day after tomorrow - but technically I can no longer do this because I started a POPLA appeal.

Situation is this:

Premier Park are demanding £100 from me for an unpaid stay in one of their car parks. The land is shared with a restaurant, who offer takeaways for collection. In the past I had asked the restaurant when ordering a takeaway if it was okay to stop in the carpark to collect, and they said it was fine (I don’t have proof of this).

On the day in question I just circled a few times and then stopped briefly without getting out of the car, while my friend went inside to collect the food. The food wasn’t quite ready when they said, so we were in there 11 minutes apparently, according to their numberplate recognition cameras at the entrance.

I was admittedly naïve. I am disabled with multiple chronic conditions and don’t drive much or get out much at all. The takeaway was a rare treat when my friend was visiting to help me through a bad time. I haven’t used private carparks much and I had assumed that because I was just collecting a takeaway (which I had been told was fine) and didn’t even park, then it was fine. Seems stupid now but I was acting in good faith.

I’ve appealed to Premier Park (unsuccessfully of course), and already admitted that I was the driver because I didn’t know better, and I still thought that my honest defence was reasonable.

Unfortunately, I believe that they are technically ‘right’ – according to their signage etc. Which does say ‘if you enter or park’ etc. so I guess it doesn’t really matter that I didn’t park or leave the car. I do also believe that £100 is an insane charge for an 11 minute stay by someone who didn’t even leave their car and was acting in good faith. They apparently allow just five minutes for you to enter and leave without paying.

I did submit evidence that showed that we collected a takeaway, and that my friend messaged from inside to say that the food would be a few minutes.

I also submitted a POPLA appeal, but from what I’ve read since, these only consider the strict contract rules, not any reasonable human considerations.

The restaurant do not own/lease the land managed by Premier Park, it’s leased from the council by a private company, so the restaurant can’t help me. I did contact the company who lease the land and hire Premier Park, and they won’t help me.

Now, I really don’t want to pay this, at least this extreme amount. I realise that I was naive and that they are probably covered by their signage technically. I do not have £100 to throw away. I messaged Premier Park saying that I can pay a reasonable amount, say £35 like most parking fines, but otherwise I will have to just go through whatever processes come next because I can’t and won’t pay £100. But apparently they can take up to 28 days to reply. You can’t call them.

So, I have questions.

1. Firstly, is there any benefit in say, sending a cheque 1st class recorded delivery for the ‘discounted’ £60, to arrive on the deadline day. I can’t do this online anymore because I started the POPLA appeal. Are they really likely to take me to court over £40, when I paid their ‘discounted’ rate within the ‘discounted’ amount deadline? Would that give me any more sway with the courts system if I paid this within the deadline - even though Premier Parking say starting a POPLA appeal invalidates the 'discount' offer (even if you cancel the appeal!)? And if so, should I also cancel the appeal?
   
2. I know now that the ticket wasn’t technically incorrect according to their stated rules. But would I have a better case if I argued that it is a really unreasonable amount for the circumstances, rather than trying to get it thrown out?
   
3. Once the court is involved, do you have a chance to defend yourself for free just via paper initially? And could I back out at the point of court involvement, and just pay it? Would I then also be ordered to pay the costs of the court registration fee (but not all the other fees that would be added if it actually went to court)?
   
4. Also, they have some threats that if you don’t pay within 28 (?) days and they have to chase you, then they can end up demanding an additional £70 from you, to pay for their ‘debt collection costs' etc. Is that actually enforceable?

I do not want it to go as far as actual court, because of the risk of all the extra fees, but I’m a little confused on the process. Mostly, I want to know my next steps now. If it would be beneficial to send a cheque for the £60 before the 10th, I will do that now ASAP. Otherwise, I guess I have nothing to lose in just leaving it for now. I understand that their debt collection letters etc. are unenforceable and I can ignore all them, but I can’t ignore a Letter Before Claim?

Please help!

Car1980

Sounds like you weren't parked

https://contestorlegal.co.uk/unparalleled-legal-victory-defining-the-true-meaning-of-parking/

The Equality Act also legally obliges you more time in effect, if you have a look at that.

It's also not a fine.

Come back if you receive a Letter Before Claim.

anxiousopossum

Thanks, I'll have a look into those. I know it's not a fine. But I understood from what I've been looking up that if they only use the numberplate recognition at the entrance, and their signage mentions just entering their land etc. then I wouldn't really have a case whether I properly parked or not. I couldn't find anything suggesting that not actually leaving the car would make a difference legally.

I also don't have evidence that I never left the car, as I couldn't get anyone to give me CCTV. But I don't think that matters according to their '''contract''.

I do have evidence of a message from my friend from inside saying they would be a few minutes with the food…but maybe I screwed myself with that because knowing that there would be a short wait, that was my chance to pay (or leave and enter again I guess). Hindsight is a fine thing.

Anyway, I will read the links you sent in a bit, thank you. I'll have to check if the equalities act stuff helps me when I already mentioned that I wasn't looking for a space or figuring out the machines etc but just waiting for my friend.

Car1980

They won't have CCTV or any evidence. Remember, if they did make a claim and you were in the 1% of single tickets that go to a hearing that the onus is on them, not for you to disprove it.

Coupon-mad

"Premier Parking are demanding £100"

No such firm. You mean Premier Park?

Please make a few more posts then you can edit the error in your thread title, as we need it to say the right company when your thread gets longer, later on.

Everyone has a case and nobody pays.

anxiousopossum

Oh yeah you're right it's Premier Park. I'll try to get it updated. I'm still trying to figure out how to use this site TBH and generally overwhelmed.

https://forums.moneysavingexpert.com/discussion/comment/82063026#Comment_82063026