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I am a taxi driver .few weeks ago I parked the cab to pick a customer up .as I was coming back with the customer premier parking attendant was taking photos of the vehicle .is spoke to him that I am working and just about to leave he said it's fine and he seemed deleting the pics but dews later I received a 100 pound fine .I appealed but my appeal was rejected and this is There reply what should I do .
- - - Updated - - -
Dear XXXXXXXXXX,
Re: Parking Charge Notice XXXXXXXXXXX
We write to acknowledge receipt of your recent online appeal 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 there was no permit on display in the windscreen area.
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 3rd 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 XXXXXXXXXX. 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.
-----Original Message-----
From
xxxxxxxxx
Sent: 18 April 2017 13:43
To: NO REPLY <noreply@premierpark.co.uk>
Subject: Online Appeal: XXXXXXXXXX
PCN Number:*: XXXXXXXXX
Confirm PCN Number:*: XXXXXXX
Vehicle Registration:*:
Confirm Vehicle Registration:*:
Title*: Mr
Name*:
Address Line 1:*:
Address Line 2::
Address Line 3::
Town/City:*:
County:*:
Postcode:*:
Contact Telephone No. (Including Area Code):*:
Contact Mobile No::
Email Address: *:
Your association to the appeal in question:*: The driver
If other please specify::
Your Appeal - Please include any supporting information:*: Name : XXXXXXXXXXXXXXX
reference: XXXXXXXXX
18/04/2017
__________________________________________________
______________________________
Parking Appeal
Sir/Madam,
I appeal against the decision of Premier parking because they have failed to follow the BPA code of practice and attempted to impose a penalty charge for either breach of contract or trespass.
7.1 of the BPA code of practice makes it a requirement that Premier Parkingeither own the land or have the written authorisation of the land owner to enable them to operate on the land. I, the driver , put Premier Parking to strict proof that a valid contract exists that eneables them to act in this manner on behalf of the landowner. It is not an onerus task to produce the contract as the 8.1 of the code means it has to be available at all times.
The mandatory entrance signs required by by Appendix B of the code of practice do not conform. The lettering is far too small, the big 'p' is missing, the wording is incorrect, the sign is positioned such the a driver with legal eyesight cannot read it without moving their eyes more than 10% from the road, group '1' and '2' fonts are the same size and the colouring chosen, back on yellow is extremely close to the colouring used as an example of 'difficult to read' (blue on yellow).
The BPA Code of Practice indicates at paragraph 13.4 that the Respondent should “allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action(I spoke to the parking attendant at the time, who said that its ok as I was there for few minutes and he he gave me the impression that he was deleting the photos of the vehicle).” The signage in the car park provides no indication of the period of time it allows and this is unreasonable, especially as Premier Parking rely on pictures taken of a vehicle at first arrival and then when leaving (not showing any evidence at all of actual parking time). So, there is no evidence that the respondent can produce to indicate that my vehicle was parked for more than the arbitrary time limit they are relying upon and no breach of contract by the driver can be demonstrated by their evidence at all. On that basis the sum claimed fails to meet the standards set out in paragraph 19 of the BPA Code of Practice.
19.5 of the code of practice states that “If the parking charge that the driver is being asked to pay is for a breach of contract or act of trespass, this charge must be based on the genuine pre-estimate of loss that you suffer” As the cost of using the car park would have been only £2 or so and it was not full at the time it is difficult to see how losses can be £100. The costs of doing business, which would be incurred, are not losses due to a parking event as per VEHICLE CONTROL SERVICESLIMITED -v- MR R IBBOTSON as well as being common sense. I, as registered keeper, put Parking Eye to strict proof of losses.
If Premier Parking proceed as a contractual term, in light of the above, then I, the driver of the vehicle at the time, submit therefore, these 'charges' for an alleged 'breach' are in fact unlawful attempts at penalties, as was found in the case of Excel Parking Services v Hetherington-Jakeman (2008) also OBServices v Thurlow (review, February
2011) and Parking Eye v Smith (Manchester County Court December 2011).
Premier Parking will not be able to refute this fact - however many pages of evidence they may send to POPLA - and so this punitive charge is therefore unenforceable in law. Dunlop Pneumatic Tyre Co 1915 “The question of whether a predetermined sum is or is not a penalty is a question of
construction: in constructing the clause a court will consider all the facts surrounding the negotiations at the time the contract was entered into, not at the time of the breach”
I further contend that Premier Parking have failed to show me any evidence that the cameras in this car park comply with the requirements of the BPA Code of Practice part 21 (ANPR) and would require POPLA to consider that particular section of the Code in its entirety and decide whether the Operator has shown proof of contemporaneous manual checks and full compliance with section 21 of the Code, in its evidence.
I would contend that this appeal should be allowed for these reasons.
Please upload any supporting evidence:
:
- - - Updated - - -
Dear XXXXXXXXXX,
Re: Parking Charge Notice XXXXXXXXXXX
We write to acknowledge receipt of your recent online appeal 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 there was no permit on display in the windscreen area.
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 3rd 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 XXXXXXXXXX. 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.
-----Original Message-----
From
xxxxxxxxx Sent: 18 April 2017 13:43
To: NO REPLY <noreply@premierpark.co.uk>
Subject: Online Appeal: XXXXXXXXXX
PCN Number:*: XXXXXXXXX
Confirm PCN Number:*: XXXXXXX
Vehicle Registration:*:
Confirm Vehicle Registration:*:
Title*: Mr
Name*:
Address Line 1:*:
Address Line 2::
Address Line 3::
Town/City:*:
County:*:
Postcode:*:
Contact Telephone No. (Including Area Code):*:
Contact Mobile No::
Email Address: *:
Your association to the appeal in question:*: The driver
If other please specify::
Your Appeal - Please include any supporting information:*: Name : XXXXXXXXXXXXXXX
reference: XXXXXXXXX
18/04/2017
__________________________________________________
______________________________
Parking Appeal
Sir/Madam,
I appeal against the decision of Premier parking because they have failed to follow the BPA code of practice and attempted to impose a penalty charge for either breach of contract or trespass.
7.1 of the BPA code of practice makes it a requirement that Premier Parkingeither own the land or have the written authorisation of the land owner to enable them to operate on the land. I, the driver , put Premier Parking to strict proof that a valid contract exists that eneables them to act in this manner on behalf of the landowner. It is not an onerus task to produce the contract as the 8.1 of the code means it has to be available at all times.
The mandatory entrance signs required by by Appendix B of the code of practice do not conform. The lettering is far too small, the big 'p' is missing, the wording is incorrect, the sign is positioned such the a driver with legal eyesight cannot read it without moving their eyes more than 10% from the road, group '1' and '2' fonts are the same size and the colouring chosen, back on yellow is extremely close to the colouring used as an example of 'difficult to read' (blue on yellow).
The BPA Code of Practice indicates at paragraph 13.4 that the Respondent should “allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action(I spoke to the parking attendant at the time, who said that its ok as I was there for few minutes and he he gave me the impression that he was deleting the photos of the vehicle).” The signage in the car park provides no indication of the period of time it allows and this is unreasonable, especially as Premier Parking rely on pictures taken of a vehicle at first arrival and then when leaving (not showing any evidence at all of actual parking time). So, there is no evidence that the respondent can produce to indicate that my vehicle was parked for more than the arbitrary time limit they are relying upon and no breach of contract by the driver can be demonstrated by their evidence at all. On that basis the sum claimed fails to meet the standards set out in paragraph 19 of the BPA Code of Practice.
19.5 of the code of practice states that “If the parking charge that the driver is being asked to pay is for a breach of contract or act of trespass, this charge must be based on the genuine pre-estimate of loss that you suffer” As the cost of using the car park would have been only £2 or so and it was not full at the time it is difficult to see how losses can be £100. The costs of doing business, which would be incurred, are not losses due to a parking event as per VEHICLE CONTROL SERVICESLIMITED -v- MR R IBBOTSON as well as being common sense. I, as registered keeper, put Parking Eye to strict proof of losses.
If Premier Parking proceed as a contractual term, in light of the above, then I, the driver of the vehicle at the time, submit therefore, these 'charges' for an alleged 'breach' are in fact unlawful attempts at penalties, as was found in the case of Excel Parking Services v Hetherington-Jakeman (2008) also OBServices v Thurlow (review, February
2011) and Parking Eye v Smith (Manchester County Court December 2011).
Premier Parking will not be able to refute this fact - however many pages of evidence they may send to POPLA - and so this punitive charge is therefore unenforceable in law. Dunlop Pneumatic Tyre Co 1915 “The question of whether a predetermined sum is or is not a penalty is a question of
construction: in constructing the clause a court will consider all the facts surrounding the negotiations at the time the contract was entered into, not at the time of the breach”
I further contend that Premier Parking have failed to show me any evidence that the cameras in this car park comply with the requirements of the BPA Code of Practice part 21 (ANPR) and would require POPLA to consider that particular section of the Code in its entirety and decide whether the Operator has shown proof of contemporaneous manual checks and full compliance with section 21 of the Code, in its evidence.
I would contend that this appeal should be allowed for these reasons.
Please upload any supporting evidence:
:
xx
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