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Leaving Car Park
mwalimu
Posts: 47 Forumite
On the morning of 17 October 2018 a car was
parked in a retail park. The terms there state no parking outside shop opening hours and no parking & leaving.
No PCN was placed on the car. A PCN letter was sent. There are two photos one close up of car windscreen and one showing a car in its bay. There is nobody in the car. In the background the car park is almost empty.
Incident date October Issue date: October.
The PCN letter was sent by normal post and could have been delivered around 23
/24 October while I was away. I returned home mon 30 October to find the PCN in the heap of post.
Your standard advice is not to ignore a PCN but as there was no PCN on the car and,
presumably, no proof of delivery could one
chuck the PCN in the recycling bin? With
valuable parcels and significant documents
one uses Recorded Delivery, or similar, with a signature to prove delivery. As they can not
prove delivery would one be able in this
instance to ignore a PCN?
If you recommend responding to the PCN would it be a legitimate reason to decline to pay by telling them that they have submitted to me no photographic evidence of the occupant/s crossing the site boundary?
I note that I must pay up £60 "within 14 days of issue" ie 2 November 2018 or have to dig very deep to find £100.
Sorry to be so late with my search for advice but I have had difficulty in joining this forum. In view of the extremely short "window" your speedy help will be greatly appreciated.
parked in a retail park. The terms there state no parking outside shop opening hours and no parking & leaving.
No PCN was placed on the car. A PCN letter was sent. There are two photos one close up of car windscreen and one showing a car in its bay. There is nobody in the car. In the background the car park is almost empty.
Incident date October Issue date: October.
The PCN letter was sent by normal post and could have been delivered around 23
/24 October while I was away. I returned home mon 30 October to find the PCN in the heap of post.
Your standard advice is not to ignore a PCN but as there was no PCN on the car and,
presumably, no proof of delivery could one
chuck the PCN in the recycling bin? With
valuable parcels and significant documents
one uses Recorded Delivery, or similar, with a signature to prove delivery. As they can not
prove delivery would one be able in this
instance to ignore a PCN?
If you recommend responding to the PCN would it be a legitimate reason to decline to pay by telling them that they have submitted to me no photographic evidence of the occupant/s crossing the site boundary?
I note that I must pay up £60 "within 14 days of issue" ie 2 November 2018 or have to dig very deep to find £100.
Sorry to be so late with my search for advice but I have had difficulty in joining this forum. In view of the extremely short "window" your speedy help will be greatly appreciated.
0
Comments
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Everyone is politely asked not to post until after reading up on this in the newbies faq thread near the top of the forum
Go there now to learn about the game you are caught up in and how to proceed
DO NOT JUST CHUCK IT IN THE BIN!!
Throughout you are advised not to reveal who was driving
You need to edit your post to remove details of who was driving0 -
Start by editing your post to remove information about who parked. Only ever refer to The Driver and The Keeper, who are two different people.
The advice to ignore a PCN has not been given here since the law changed in 2012.
You should read the sticky thread for NEWBIES (after you have edited your post) and then send the template appeal you will find there.
Once you have done that, then you need to read up on what to do next if/when it is rejected.
All your questions above are already answered in the NEWBIES, but it is not something you can skim read.
Asking for speedy help then logging off four minutes later doesn't help us to help you in a timely manner, especially since you need to urgently edit your post. Parking scammers read these fora and have been known to use the information they glean from here at both appeals stage and even in court.I married my cousin. I had to...I don't have a sister.
All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks0 -
If they took you to court for breach of contract for leaving site they might struggle.
An MP recently opined in the HOC that such a T&C might well breach one's human rights under the HRA. It is somewhere in the video below which is well worth watching in full..
http://parliIf they amentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41
I would be quite a laugh if they took you to court for BOC and you counter claimed for a HRA breach. Complain to your MP.You never know how far you can go until you go too far.0 -
There are 5.5 million of these tickets issued every year, the PPCs would commandeer whole Post Offices for weeks on end completing the paperwork for every PCN to be sent via 'Signed For' delivery. You need to appreciate the scale of this operation - it's industrial in size and activity.With valuable parcels and significant documents one uses Recorded Delivery, or similar, with a signature to prove delivery. As they can not prove delivery would I be able in this instance to ignore this PCN?
No, you don't ignore it.
Which parking company is on your back?Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
It's an awful lot easier dealing with this now than preparing a court defence and explaining to a judge why you binned everything.
Who is the parking company?0 -
Premier Park0
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Everyone
Thanks for your valued advice. Sorry about not reading up in Newbie notes. Was panicking a bit ‘cos of short time scale. Off to library and a “proper” computer. Hope I’m not too late if I don’t send in my completed form till Friday.0 -
Premier Park
Yet another BPA approved scammer ????
https://www.britishparking.co.uk/BPA-Approved-Operators0 -
Don't be bounced by their 14-day deadline for the 'discount' nonsense. No matter what you write to the PPC the appeal will be rejected. If you are dealing with Premier Park Ltd (please double check because there are 3 PPCs using very similar names) then you will need to get POPLA to cancel the charge, and once you appeal to POPLA, the 'discount' is withdrawn.Hope I’m not too late if I don’t send in my completed form till Friday.
It is purely a pressure tactic to make people feel stressed resulting in them acting quickly - and making mistakes!Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
Thanks. Yes it is Premier Park Ltd.
If I appeal to POPLA the "Discount" will be withdrawn. If I appeal through POPLA and loose I will then have to pay £100. Seems a bit of a gamble that, as a "pensioner", I can ill afford to take. Though I totally disapprove of these parking companies I fear that I might be better off if I just pay up. Any thoughts?
Would the line that I have been shown no photographic evidence of people from the car crossing the site boundary be a good line to take in the first (Premier Parking) stage?
Off to read the Newbie notes at top of site.0
This discussion has been closed.
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