Premier Park Ltd - Parking charge notice when I'd paid for parking

[Slaps]

In August this year I parked at Exmouth Pier Head car park while I ate at a local restaurant. I paid for 4 hours parking in cash and entered my car registration number. The car park was camera monitored so I did not receive a ticket.

I stayed for 3hours and 25 minutes and thought nothing more of it.

A week and a half later I received a Parking Charge Notice from Premier Park stating that I was parked in a manner whereby the driver became liable for a parking charge and that I should pay £100, reduced to £60 if I pay within 14 days. They do not say what manner I parked to cause this fine to be charged.

I always pay fines if they are valid and I have overstayed my parking but, in this case I hadn't. However, how can I prove it if there is no ticket and I paid in cash?

Should I pay? Argue the case on appeal, or just ignore the notice and hope it goes away?

Any advice?

[ostell]

First rule is do not infer who could have been driving.

It is not a fine it is an invoice for a charge the driver agreed to for breaching the terms and conditions.

Post up the Notice to keeper you received, redacting identifying information. Pictures of the signs may help

You mustn't ignore it.

Check if the land is subject to byelaws, being a port it's a possibility and a ferry operating in the area may help. If byelaws in existence there can be no keeper liability.

[Amethyst]

It may be that you miskeyed your registration number.

[Slaps]

First rule is do not infer who could have been driving.

It is not a fine it is an invoice for a charge the driver agreed to for breaching the terms and conditions.

Post up the Notice to keeper you received, redacting identifying information. Pictures of the signs may help

You mustn't ignore it.

Check if the land is subject to byelaws, being a port it's a possibility and a ferry operating in the area may help. If byelaws in existence there can be no keeper liability.

Thanks for the info. How do I find out if byelaws exist on the land?
A number of water taxis run from the marina where the car park is located, including the one that took us to the restaurant.

I'll post up the notice later.

[ostell]

Looks like the Exmouth Docks Company is now Exmouth Marina. It may be easier to contact them to determine if the byelaws are still in existence. The port is also the responsibility of Exter City Council so a similar query on them might help.

It may even have byelaws mention in the car park ares.

[Slaps]

Can you explain what difference it would make if Byelaws exist?

[ostell]

If byelaws exist then it is not relevant land for the purpose of schedule 4 of The Protection Of Freedoms Act 2012 and liability for the charge cannot be transfered from the driver to the registered keeper. As they do not know the identity of the driver then they are well and truly up that proverbial creek.

Here's POFA Paragraph 3

[Slaps]

Here is the parking Charge Notice.

The Driver paid by card at the terminal but, having checked statements, it looks like the transaction failed to go through.
14 days is up today so it looks like I have no choice but to pay


up.

[ostell]

Sirs

Ref PCN xxxxx VRM yyyyyy

I am the registered keeper of the above vehicle and am in receipt of the PCN you issued.

This land is subject to the byelaws of the Exe Harbour Authority and as such it is not relevant land for the purpose of Schedule 4 of The Protection of Freedoms Act 2012 (POFA) and therefore the liability of the driver at the time cannot be transferred to me, the keeper.

Even if this had been relevant land for the purposes of POFA , which it is not, I would still have no liability on this matter as you have failed to meet the requirements of the Act namely, but not limited to, failing to correctly give the statement required by 9 (2) (e).

There is no legal requirement to identify the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc.

[bigD]

Hi, I've had the same notice for a just under half hour stay whilst dropping off kids for one of the businesses that operate from the dock.I was not the driver but am the registered keeper.I have also missed the reduced payment window since we were on holiday when the notice came through and the letter ended up in a pile unopened, so we've now had the first reminder.

Ostell, is the draft letter above based on your research that the area is subject to byelaws of the Exe Harbour Authority (and this exists) Or are you just posting a suggested template that could be used if I managed to establish that byelaws do actually exist ?

Does it matter what the byelaws cover, or is it simply enough that a byelaw exists to make it not relevant land for transferring liability to the registered keeper?

My other route could be to claim both the fine itself and the increased charge are unfair since the driver was only dropping off to one of the businesses that operate from the dock, and that we were on holiday when the notice was issued so I have not had the 14 days to pay ....

Any suggestions on the best route to take?

[ostell]

You should have followed the rules and created your own thread. It only confuses matters when there are two cases on one thread, especially as the first one has not yet been resolved. Please create your own thread.

Just under half an hour stay is parking, no matter how you look at it.

Looking around it would appear that there it is highly likely that byelaws exist for the area, up to you to do the searches. Even if they don't then they have failed at least 2 other requirements of POFA.