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Premier Park POPLA Appeal rejected
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Janner1960
Posts: 8 Forumite
Good morning, I am hoping I can get some advice regarding my problem, I met my daughter for lunch in the Carpark of the Oystercatcher Pub in Polzeath, Cornwall on 3rd August 2019, we arrived in different cars and were unaware of any parking charge scheme in place as the signage was not obvious or prominent, and there was never parking charges here before on previous visits. We had lunch in the pub which I paid for and went our separate ways, a week later we both received a PCN from Premier Park demanding £100
We appealed to Premier Park on the basis that we had eaten at the Pub and had we known, the parking is refundable for guests when paying your Bill, a copy of our receipt for the food and drink was sent with the appeal, both appeals were rejected, so we appealed to POPLA, on 2nd Sept 2019 I received an email from POPLA stating `Premier Park - EW have told us they do not wish to contest the Appeal. This means that your Appeal is successful and you do not need to pay the parking charge` Naturally, I assumed the same would be the case for my daughter, however, on 11th October my Daughter received a letter in the post from Premier Park stating that `You chose to use the alternative disputes resolution service, POPLA to adjudicate on this PCN and after reviewing all the evidence submitted, they decided to deny your appeal`
I have since emailed POPLA to question why there are two different decisions for exactly the same case and evidence, the reply I received yesterday was `Dear Mr XXXXX
We understand that you are disappointed with the outcome of your appeal and have noted your comments. This decision is final.
You may wish to contact Citizen's Advice as we are unable to process your appeal further`
Could you please advise what our next step should be? My daughter is a student and cant afford £100, I would pay it for her but I am reluctant as a matter of principle
We appealed to Premier Park on the basis that we had eaten at the Pub and had we known, the parking is refundable for guests when paying your Bill, a copy of our receipt for the food and drink was sent with the appeal, both appeals were rejected, so we appealed to POPLA, on 2nd Sept 2019 I received an email from POPLA stating `Premier Park - EW have told us they do not wish to contest the Appeal. This means that your Appeal is successful and you do not need to pay the parking charge` Naturally, I assumed the same would be the case for my daughter, however, on 11th October my Daughter received a letter in the post from Premier Park stating that `You chose to use the alternative disputes resolution service, POPLA to adjudicate on this PCN and after reviewing all the evidence submitted, they decided to deny your appeal`
I have since emailed POPLA to question why there are two different decisions for exactly the same case and evidence, the reply I received yesterday was `Dear Mr XXXXX
We understand that you are disappointed with the outcome of your appeal and have noted your comments. This decision is final.
You may wish to contact Citizen's Advice as we are unable to process your appeal further`
Could you please advise what our next step should be? My daughter is a student and cant afford £100, I would pay it for her but I am reluctant as a matter of principle
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Comments
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What did the pub manager/landlord/brewery chain manager/CEO say when you complained?
Different PoPLA assessors give different results. Unfortunately some cannot count to 14 and do not understand the PoFA 2012. Unless a procedural error such as this was made there is nothing anyone can do about the PoPLA decision.
There is nothing your daughter can do now except wait to see if they start court. Anything else can be ignored.
She should come back here if she gets a LBC or similar, but NOT if she gets debt crawler letters. That is covered in post 4 of the NEWBIES.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 -
That was the problem.Naturally, I assumed the same would be the case for my daughter,
Any case that is lost at POPLA is still winnable in court and your DD's case will be a good life experience for her, with no risk.
99% of people here win - all honest, ordinary, scared, non-legal and young people, and they all come out the other side and no CCJ is risked as long as PP have her correct address at all times.
NO-ONE pays for an easy life. Shameful if so, as that's funding the scam, so steer her along the right path as I would with my DD if she had one to defend!PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Have you complained to the landlord? If so, and they were unco-operative, complain like Friar Tuck on their website, Facebook page, TripAdviser and all the good pub sites you can find.
[FONT=verdana, geneva, lucida, lucida grande, arial, helvetica, sans-serif] [/FONT]
[FONT=Times New Roman, serif]Nine times out of ten of these tickets are scams so consider complaining to your MP, it can cause the scammer extra work.[/FONT]
[FONT=Times New Roman, serif]
Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.
Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.
[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]
Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT]You never know how far you can go until you go too far.0 -
I did send the Pub two emails and ive had no response from them0
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Should we pay or wait?0
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It's your choice , not ours
Personally , I would wait for Court and let a judge decide seeing as you used the pub legitimately and had done so previously with no issues
The parking company is there to deter fly parkers , not legitimate customers
If it's part of a pub chain , complain to the CEO with proof of patronage0 -
Thanks, Im prepared to go to court if necessary, but I am concerned my daughter is the one that will be receiving the threatening letters!0
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Janner1960 wrote: »Thanks, Im prepared to go to court if necessary, but I am concerned my daughter is the one that will be receiving the threatening letters!
Sorry, but it’s not you who will be required to attend court, that will be for your daughter.
But no one is anywhere near court. Just cross that bridge if it becomes necessary. All the current overthinking and hypothesising is no good for anyone.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 -
As above , but you can assist your daughter by doing the paperwork on her behalf , as long as she submits it in her own name
The fact that you won at popla means you write a WS of your own , adding it to the evidence , also adding your popla appeal and the popla decision to the evidence , plus turn up in court as a witness assisting your daughter
It seems to me with proof of patronage plus your own account that the judge will find in favour of your daughter
Or that PP will withdraw at some point
It's not over until the fat lady sings (no offence intended)0 -
Thank you all for you advice and support, after contacting the CEO of the pub today, I received this reply.
Good Morning
Please also accept my apologies for you parking fine at the Oyster Catcher, I can confirm we have cancelled this fine with Premiere parking. I will speak to the manager and team at the Oyster Catcher to ensure all our guests are responded to quicker in future.
As a gesture of goodwill, we would also like to send you some vouchers to the value of £50 for you to return to enjoy a drink on us, also to hopefully restore your faith in us.
Can you please supply your address to Jo, and we will post these out to you?
We hope to see you again very soon
Kind regards
On top of that, I have received a positive response from my MP, I am considering taking Premier Park and POPLA to court for fraudulent claims0
This discussion has been closed.
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