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Thread: PCN Premier Parking - won

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  1. #1
    Helppls's Avatar

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    Default PCN Premier Parking - won

    My husband parked our car in a managed car park for 20 mins and didn't buy a ticket. He says he didn't see signs (there are signs). The PCN was sent to my brother in law as the registered keeper which we now have. We've yet to respond. We've missed the reduced fee as the notice was sat for ages at my BIL's house which has contractors in. How best to respond? Are there any key phases I should use? The charge seems highly disproportionate to what the ticket would have cost and I understand this isn't a fine per se. Thanks in advance.

  2. #2
    Helppls's Avatar

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    Default Re: PCN Premier Parking

    images of actual PCN posted
    Attached Thumbnails Attached Thumbnails FullSizeRender-1.jpg   FullSizeRender.jpg  

  3. #3
    ostell's Avatar

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    Default Re: PCN Premier Parking

    So was the PCN addressed to the BIL and he has named the driver? If he has not named the driver then as the keeper he would not have been liable and it is not neccessary to name the driver.

  4. #4
    Helppls's Avatar

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    Default Re: PCN Premier Parking

    Yes @ostell it was. Driver has not been named.

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    ostell's Avatar

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    Default Re: PCN Premier Parking

    If there was no windscreen ticket then if this was the first letter received then it is too late (more than 14 days) to hold the keeper liable. The keeper should write to them pointing out this POFA failure, amongst many, state he is the registered keeper and not driving and they should go away and he does not expect to hear from them again.

    They do not seem to be really trying to invoke POFA anyway.

    It was the statment "You have been named as the driver" which threw me.

  6. #6
    Helppls's Avatar

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    Default Re: PCN Premier Parking

    Ah,.. hang on. If the car is leased, how does that change things. My BIL is the lessee but wasn't the driver

  7. #7
    ostell's Avatar

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    Default Re: PCN Premier Parking

    It does change the timings somewhat. I would think that those timings are within the time allowed, it's in POFA. Don't forget that the BIL is still the keeper, just not the registered keeper.

    In a case like this, basically a hire car, then the parking company have additional items to comply with, namely the inclusion of portions of the hire documents with the notice. The details of these are in POFA paragraphs 13 & 14 . Miss the items required and it is not a valid notice to keeper. From these sections you can also work out the timings, though I think they are correct.

    Your BIL writes to premier as the keeper stating that he was not the driver at the time of the alleged contravention and they have failed to conform with the requirements of POFA, namely, but not limited to, paragraph 14 and therefore cannot be held liable.

    (That's presuming the documents weren't enclosed, normally they are not).

    Wait for others to comment.

  8. #8
    Helppls's Avatar

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    Default Re: PCN Premier Parking

    No other documents were sent. Thanks.

  9. #9
    mystery1's Avatar

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    Default Re: PCN Premier Parking

    http://legalbeagles.info/forums/show...ket-on-vehicle

    Remove paragraph 9 and insert he didn't see the signs in the correct place..

    This should be a shoe in when it gets to popla.

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    ostell's Avatar

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    Default Re: PCN Premier Parking

    And he is not the registered keeper, only the keeper.

  11. #11
    Helppls's Avatar

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    Default Re: PCN Premier Parking

    Reply from appeal:

    Re: Parking Charge Notice XXXXX

    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:
    http://www.legislation.gov.uk/ukpga/2012/9/schedule/4

    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 1st May 2017. 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 www.pcnpayments.com

    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.

  12. #12
    mystery1's Avatar

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    Default Re: PCN Premier Parking

    I wonder how many people are stupid enough to name the driver ?

    Sit tight.

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    I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

    Upload images to your thread like this .Email [email protected] if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

    If you want to tell someone YOU were driving, go to confession.

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  13. #13
    Helppls's Avatar

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    Default Re: PCN Premier Parking

    Obviously not giving driver details. Do I need to request Popla code?

  14. #14
    mystery1's Avatar

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    Default Re: PCN Premier Parking

    Not unless the forthcoming rejection doesn't supply one.

    M1
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    Private messages are off as all help on this site is on board.

    Please note i am now pretty much without access/time to help 5 days a week. Others will hopefully help you.


    I can only help with what you tell me. Post up information (other than names and addresses!).

    I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

    Upload images to your thread like this .Email [email protected] if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

    If you want to tell someone YOU were driving, go to confession.

    I,I,I,I,I,I should be avoided unless you are Jim Diamond.

  15. #15
    Helppls's Avatar

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    Default Re: PCN Premier Parking

    Ah ok. So I'm waiting for an official rejection to my appeal. Got it. Thank you. That'll be mid-May then.

  16. #16
    Helppls's Avatar

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    Default Re: PCN Premier Parking

    Update:

    From: NO REPLY <[email protected]>
    Subject: RE: Online Appeal: 496134
    Date: 2 May 2017 at 16:16:14 BST
    To: xxxxx

    Dear Mr xxxx,

    Re: Parking Charge Notice xxxxx

    We write to acknowledge receipt of your recent online appeal, on behalf of the driver, against the issuing of a Parking Charge Notice (PCN) to your vehicle for a breach of the advertised terms and conditions.

    We have considered your comments, and after examining all the evidence relating to the issuing of this PCN, we are satisfied that on this occasion the charge was issued correctly and must advise that your appeal has been denied, as no record of a payment or permit could be found for the vehicle registration.

    You have now reached the end of our internal appeals procedure.

    If you would like to view our photographic evidence, please visit www.pcnpayments.com

    You now have three options;

    1. Pay the Parking Charge Notice at the 14 day reduced amount of £60.00 by 16th May 2017. Please note that after this time the PCN will revert to the original £100.00 charge. Payment can be made online at www.pcnpayments.com or you may send a cheque made payable to Premier Park Ltd.

    2. Make an appeal to POPLA - The Independent Appeals Service, by completing the form which can be found at www.popla.co.uk or write to POPLA - PO BOX 1270, Warrington – WA4 9RL. You will require this unique POPLA verification code 6661227270. If you wish to appeal to POPLA, you will lose the right to pay the charge at the discounted rate of £60.00 and should POPLA’s decision not be found in your favour, you will be required to pay the full amount of £100.00. Your appeal to POPLA must be submitted within 28 days from the date of this email. For more information regarding making an appeal to POPLA, please visit www.popla.co.uk
    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.

    3. If you choose to take no action, we will seek to recover the monies owed to us via our Debt Recovery Service and this may result in proceeding with legal action against you or the Registered Keeper of the vehicle. Please note we will seek to recover all unpaid charges through the use of the Protection of Freedoms Act (PoFA) 2012, Schedule 4 – Collection of Unpaid Parking Charges.

    Yours Sincerely,

    The Appeals Team
    Premier Park Ltd

    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 £1.80 administration charge.
    This message was sent from an unmonitored e-mail address. Please do not reply to this message.

  17. #17
    Helppls's Avatar

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    Default Premier Parking appeal rejected. Have POPLA code

    PCN was attested as sent to lesee of car (my brother-in-law) who was not driving. The driver has not been named. Appeal was on the basis that as he was not the driver at the time of the alleged contravention, they have failed to conform with the requirements of POFA, namely, but not limited to, paragraph 14 and therefore cannot be held liable.

    I have until 16/5 to pay the reduced charge. I would like to continue the appeal

  18. #18
    mystery1's Avatar

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    Default Re: PCN Premier Parking

    I'll get to this on my next day off.

    M1
    ********************************Signature********* ************************

    Private messages are off as all help on this site is on board.

    Please note i am now pretty much without access/time to help 5 days a week. Others will hopefully help you.


    I can only help with what you tell me. Post up information (other than names and addresses!).

    I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

    Upload images to your thread like this .Email [email protected] if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

    If you want to tell someone YOU were driving, go to confession.

    I,I,I,I,I,I should be avoided unless you are Jim Diamond.

  19. #19
    mystery1's Avatar

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    Default Re: PCN Premier Parking

    Edit to suit (para 4 especially) and upload as per http://parking-prankster.blogspot.co...a-process.html

    Helpplspopla.rtf

    M1
    ********************************Signature********* ************************

    Private messages are off as all help on this site is on board.

    Please note i am now pretty much without access/time to help 5 days a week. Others will hopefully help you.


    I can only help with what you tell me. Post up information (other than names and addresses!).

    I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

    Upload images to your thread like this .Email [email protected] if you can't upload images/documents. She doesn't own a crystal ball as far as i'm aware so link to your thread or tell her how to find it !

    If you want to tell someone YOU were driving, go to confession.

    I,I,I,I,I,I should be avoided unless you are Jim Diamond.

  20. #20
    Helppls's Avatar

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    Default Re: PCN Premier Parking

    @mystery1 Popla states 'appeal has been withdrawn by the operator'
    reason: PCN has been cancelled ������������

    - - - Updated - - -

    Thank you for your help Mystery1

  21. #21
    charitynjw's Avatar

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    Default Re: PCN Premier Parking

    I'll give @mystery1 a shout.
    CAVEAT LECTOR

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