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  • FIRST POST
    • cjpez1987
    • By cjpez1987 16th Jul 18, 6:49 PM
    • 12Posts
    • 9Thanks
    cjpez1987
    Premier Parking initial appeal rejected - No POPLA given
    • #1
    • 16th Jul 18, 6:49 PM
    Premier Parking initial appeal rejected - No POPLA given 16th Jul 18 at 6:49 PM
    Hi,

    I am looking for some advice and assistance please regarding a parking charge that I received when I took my partner and her friend to the gym and I waited in the car for them. The parking charge was issued by Premier Park on behalf of the gym and I have contacted the gym already to have the parking charge cancelled with my partner being a member of the gym as free parking is provided to gym members, but I was advised apparently there is nothing they can do to assist as members are supposed to input the vehicle registration into a machine inside the gym upon entry (apparently there is a sign inside the gym to advise members). This was my partners first day attending and she says she was not advised of this when she took out the membership, and as she does not drive herself she probably was not looking out for something like this. I do not remember seeing any prominent signs advising it is private land and parking charges would be issues etc, and I have checked the car park again on google maps and still no visible signage, though I need to go back to the area to review in person properly.

    Never the less, I have followed the newbies thread from this page and I sent the below first time appeal template to the Premier Parking online appeals and have received the below reply.


    PCN number: xxxxxx

    I appeal and dispute your 'parking charge', as the keeper of the vehicle. I deny any liability.

    There will be no admissions as to who was driving and no assumptions can be drawn, nor was there an agreed contract. Your signage terms fail the test of 'large lettering' and prominence of the parking charge, as established in ParkingEye Ltd v Beavis, which is fully distinguished.

    Should you fail to cancel this PCN, I require with your rejection letter, all images taken of this vehicle & the signs at the location that day. Do not withhold any images or data later relied on for POPLA/court.

    Firms of your ilk were unanimously condemned in 2018 as operating an 'outrageous scam' (Hansard 2.2.18). The BPA & IPC were heavily criticised too; hardly surprising for an industry where so-called AOS members admit to letting victims 'futilely go through the motions' of appeal and say on camera 'we make it up sometimes' (BBC Watchdog).

    I will be making a formal complaint about your predatory conduct to your client landowner, as well as complaining in writing to my MP and ensuring that they are appraised of the debate where Parliament agreed unanimously:
    ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists...should not have to put up with this''.

    Formal note:

    Service of any rejection letter/POPLA code and/or legal documents by email is expressly disallowed. All responses to me from this point on, must be made by post. Regardless of any MCOL online/email system, service of any court claim must only be made by first class post to the latest address provided by me.

    Yours faithfully,

    ++++++++++++++
    I received the below Premier Parking reply:-

    Dear Mr xxxxxxx,

    Re: Parking Charge Notice xxxxxx

    We write to acknowledge receipt of your recent online appeal, on behalf of the driver, appealing against the issuing of a Parking Charge Notice (PCN) to the vehicle.

    We note your comments and must refer you to the Protection of Freedoms Act (PoFA) 2012, Schedule 4 - Recovery of unpaid Parking Charges. This is available to view online at:
    [LINK]

    We must therefore request that the details of the driver of the vehicle at the time of the contravention are supplied; this must include their full name and serviceable UK postal address. If you are unwilling or unable to provide these details the registered keeper of this vehicle will remain liable for this PCN. This information should be provided by 2nd August 2018. Please note, Premier Park Limited will not reply to any correspondence until after the above date, if the requested information is not provided.

    If we do not receive this information by the date given, the registered keeper of the vehicle at the date of event will be held liable.

    If you would like to view our photographic evidence, please visit [LINK].pcnpayments.com[/url]

    Please respond by return or by filling in the Transfer of Liability form on the reverse of the PCN and posting it to Premier Park, PO Box 624, Exeter, EX1 9JG.


    Yours Sincerely,
    cid:image001.jpg@01D34670.B901F0F0
    The Appeals Team
    Premier Park Ltd

    GDPR Ė to view how we use and process your data and your rights, including how to object or restrict such use, please see our privacy policy available online at [LINK].premierpark.co.uk/privacy-policy[/url]
    ++++++++++++++

    1) Is this another attempt to try and get me to provide the driver details?
    2) Do I need to do anything else? - They have not provided me with the POPLA reference number either as I requested.

    Appreciate any help.
Page 1
    • waamo
    • By waamo 16th Jul 18, 6:52 PM
    • 4,925 Posts
    • 6,374 Thanks
    waamo
    • #2
    • 16th Jul 18, 6:52 PM
    • #2
    • 16th Jul 18, 6:52 PM
    Ignore it. It's a fishing trip. They will send a code at the last minute.
    This space for hire.
    • beamerguy
    • By beamerguy 16th Jul 18, 7:32 PM
    • 9,736 Posts
    • 12,790 Thanks
    beamerguy
    • #3
    • 16th Jul 18, 7:32 PM
    • #3
    • 16th Jul 18, 7:32 PM
    As waamo says IGNORE ...... it's a "We wish you would tell us"
    load of rubbish.

    None of their business who was driving.

    If you do not receive a POPLA code, complain to the BPA

    Don't get scammed by Premier Park

    serviceable UK postal address.

    Don't Premier Park know what the BPA recently said....

    An address could be anywhere as long as it's servicable

    Keep up to speed Premier Park
    Last edited by beamerguy; 16-07-2018 at 8:37 PM.
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • cjpez1987
    • By cjpez1987 17th Jul 18, 6:40 AM
    • 12 Posts
    • 9 Thanks
    cjpez1987
    • #4
    • 17th Jul 18, 6:40 AM
    • #4
    • 17th Jul 18, 6:40 AM
    Thanks Waamo and Beamerguy, I had a feeling it was another attempt to trip me up into giving the drivers details. No problem Iíll hang fire and wait for them to send my POPLA code or Iíll complain as you suggested.
    • cjpez1987
    • By cjpez1987 6th Aug 18, 9:14 AM
    • 12 Posts
    • 9 Thanks
    cjpez1987
    • #5
    • 6th Aug 18, 9:14 AM
    • #5
    • 6th Aug 18, 9:14 AM
    Hi all,

    So as correctly advised Premier Park came back at the end of the time period and provided the POPLA code for me to appeal.

    The response I received from Premier Park is below:

    ++++++++++++++++++++
    Dear Mr xxxxxxxx,

    Thank you for your appeal, on behalf of the driver, 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;

    As the vehicle was not registered on entry.

    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
    Pay online: www.pcnpayments.com
    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, 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 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 (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.

    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 payments are subject to a 50p administration charge.

    This message was sent from an unmonitored e-mail address. Please do not reply to this message.

    GDPR !!!8211; to view how we use and process your data and your rights, including how to object or restrict such use, please see our privacy policy available online at www.premierpark.co.uk/privacy-policy

    +++++++++++++++++

    Having previously challenged and successfully won a POPLA appeal with the help of this board, I returned to the site of the PCN to obtain images of the signs situated to see if there was any was of challenging. I am unable to upload the images I took but the sign at the entrance says "WARNING PRIVATE LAND" Parking restrictions in place. See additional signs for details."
    The signs inside the car park are pretty standard PCN signs and are scattered around the car park and no obvious obstructions to read, despite the text being small that it cannot be read unless stood a couple of foot away.

    Is it possible to still try and challenge this through POPLA under the circumstances, and if so what would I use as the basis for my appeal?

    Appreciate any help.
    • The Deep
    • By The Deep 6th Aug 18, 9:35 AM
    • 11,056 Posts
    • 11,019 Thanks
    The Deep
    • #6
    • 6th Aug 18, 9:35 AM
    • #6
    • 6th Aug 18, 9:35 AM
    Even if this this were to fail at PoPLA it would be more than likely to succeed in court.

    Judges are taking a dim view of claims to breach of contract in wrong/missing VRNs. Many regard it as a trifling matter, and the Law does not concern itself with trifles.

    https://en.wikipedia.org/wiki/De_minimis

    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 House of Commons recently

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

    and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.






    d\po\pla
    Last edited by The Deep; 06-08-2018 at 9:38 AM.
    You never know how far you can go until you go too far.
    • nosferatu1001
    • By nosferatu1001 6th Aug 18, 10:52 AM
    • 4,203 Posts
    • 5,034 Thanks
    nosferatu1001
    • #7
    • 6th Aug 18, 10:52 AM
    • #7
    • 6th Aug 18, 10:52 AM
    Of course you challenge at POPLa
    You do what everyone does, and the newbies thread tells you - you create a word doc, embed all images into it as part of the narrative (not stuck at the end, but in the right place in the text) , save it as PDF (so many free ways to do that) and upload to POLPLA under the "other" reasons section.

    All as th e newbies thread says.
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