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Markham Retail Park - Chesterfield

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Firstly let me say that I have read the pinned post but sadly only after I lodged an online appeal which has come back as rejected. I cannot find whether or not I should still follow the same advice as the pinned post because I indicated that I did park there as the driver.

Basic background is, parked in this retail park. They have accused me of leaving the site. I have a receipt for a purchase made at a store on the site. I have submitted this as evidence. They have rejected this appeal despite having receipt evidence.

So the email I have received from them states:
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;



The driver of the vehicle did not adhere to the terms and conditions of remaining on site as detailed on the signage.



You have now reached the end of our internal appeals procedure and therefore you now have two options;



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

Call us on: 01302 513232
Send a postal order: Premier Park Ltd, PO Box 624, Exeter, EX1 9JG


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 and the full amount of the PCN will become due.



If you decide to appeal to POPLA, you will need to visit their website, 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 letter 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 (ombudsman-services) 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.



IMPORTANT INFORMATION

Unless any additional relevant information or facts are provided, Premier Park Ltd considers this to be their final decision regarding this appeal.

Please note that all Credit/Debit card payments are subject to a 50p platform charge.
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Comments

  • WaftyCrank
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    This is the information within my initial appeal:
    Your association to the appeal in question:*: The driver



    If other please specify::



    Your Appeal - Please include any supporting information:*: Your PCN is invalid for the following reasons. It states the Issue reason was due to Parking and Leaving the site. This is erroneous since I was with my elderly and disabled mother and we had visited JYSK which is situated directly behind the parking space in question and within the retail park of Markham Retail Park.



    Please find attached a receipt showing proof of purchase from JYSK on the date and time in question. Unfortunately I did not see your parking attendant to inform them of the error they had undertaken.



    I am out of the country from 5th April to 20th April inclusive so I will not be able to action any response during those dates. I would be grateful for a swift resolution. I am always available via email.
  • WaftyCrank
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    I can confirm that I never left the site in question. Just for clarity.
  • Fruitcake
    Fruitcake Posts: 58,246 Forumite
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    edited 29 March 2018 at 12:47PM
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    If they supplied a PoPLA code, then use it. Use all the relevant appeal points available to you from post 3 of the NEWBIES thread, putting them to strict proof that the driver left the site, and that the site boundary is clearly defined on the signage at the car park.

    Also complain to PoPLA and the BPA that the addition of a charge for using a credit card is now prohibited.

    In addition, complain to your MP and Sir Greg Knight MP.

    These are some of the comments made by the MPs in Parliament concerning the unregulated parking industry (Feb 2018):

    https://hansard.parliament.uk/commons/2018-02-02/debates/CC84AF5E-AC6E-4E14-81B1-066E6A892807/Parking(CodeOfPractice)Bill

    ''Rip-offs from car park Cowboys must stop''; unfair treatment; signage deliberately confusing to ensure a PCN is issued; ''years of abuse by rogue parking companies''; bloodsuckers; ''the current system of regulation is hopeless, like putting Dracula in charge of the blood-bank''; extortionate fines; rogue operators; ''sense of injustice''; unfair charges and notices; wilfully misleading; signage is a deliberate act to deceive or mislead; ''confusing signs are often deliberate, to trap innocent drivers''; unreasonable; a curse; harassing; operating in a disgusting way; appeals service is no guarantee of a fair hearing; loathed; outrageous scam; dodgy practice; outrageous abuse; unscrupulous practices; ''the British Parking Association is as much use as a multi-storey car park in the Gobi desert''; and finally, by way of unanimous conclusion: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists and ordinary residents should not have to put up with this''.

    These are the exact words used, so you should quote them to your MP in a complaint and ask him/her to contact Sir Greg Knight MP if he wants further information about this scam.

    What happened when you complained to the landowner/retail manager?

    Your PoPLA code will last for 32 days. Do not miss the deadline.
    I married my cousin. I had to...
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  • The_Deep
    The_Deep Posts: 16,830 Forumite
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    Leaving site is almost impossible or a PPC to win in court, the last time they tried their legal rep nearly got locked up, and an MP has ventured that such a T&C is an assault on our civil liberties. The are trying to scam you.

    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    Hospital car parks and residential complex tickets have been especially mentioned.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.k.
    You never know how far you can go until you go too far.
  • fisherjim
    fisherjim Posts: 6,036 Forumite
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    You are dealing with scammers, the leaving site scam is one of their dreamt up ideas to extract money out of you, and they were bound to reject your appeal due to their greed.

    If you didn't leave site they won't have any prof anyway.

    Use your POPLA code but come back here for the regulars to view your appeal first.

    You should also complain forcefully to the Landowners of the site who are employing these scammers.

    This little scam is an uphill struggle for them and they are unlikely to take it further have a chuckle at this (what we call the toothbrush case):

    http://forums.pepipoo.com/index.php?act=attach&type=post&id=16231
  • WaftyCrank
    WaftyCrank Posts: 13 Forumite
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    A very long but very good read. Thanks fisherjim
  • StaffsSW
    StaffsSW Posts: 5,788 Forumite
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    There are a few other threads on this place - http://forums.moneysavingexpert.com/showthread.php?t=5786676

    http://forums.moneysavingexpert.com/showthread.php?t=5758264

    Make your thoughts known to the retailers on site - the more people that complain, the better, but they are well aware of the issues that Premier Parking are causing. Which are no different to the issues that they used to have with VCS....

    The landowners are Newsquest Pension Fund, but the site is "managed" by CBRE - this is the chap at the top of the tree - https://www.cbre.co.uk/people-and-offices/rhodri-davies
    <--- Nothing to see here - move along --->
  • Coupon-mad
    Coupon-mad Posts: 131,730 Forumite
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    edited 29 March 2018 at 6:06PM
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    WaftyCrank wrote: »
    A very long but very good read. Thanks fisherjim

    You win the prize: 'most amusing username of the month'!

    :D

    Anyway, show us your POPLA appeal draft. First point will be 'no evidence that the driver left the site' as long as that was never admitted in the first appeal. Copy another POPLA appeal about leaving the site, by searching this forum for POPLA left the site as keywords.

    Change the search default to 'SHOW POSTS'.
    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 THREAD
  • catfunt
    catfunt Posts: 624 Forumite
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    Guess Crafty took a leaf out of my book.....
  • Coupon-mad
    Coupon-mad Posts: 131,730 Forumite
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    There is nothing like a good Spoonerism to raise a laugh!
    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 THREAD
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