Premier Park - Parking Charge Notice

[JaminCat]

Hi,

I received a PCN notice today for the 21st December Last year showing the driver entering and exiting the car park.

The car park is for an Ice Rink and the driver dropped off their child at the entry time and collected them at the exit time. They did not stay and didn't even get out of the car. Between dropping the child off and picking them up the driver drove to a local wetherspoons and had food. The driver has the email confirmation of my order.

I had typed the following reply into the appeal form but thought it wise to get a second opinion.

> Hi,
>
> The driver dropped and picked up their child from the Ice Rink at these times but did not stay. After dropping the child off they actually went to get food in Wetherspoons in Rochester as show in the attached order confirmation.
>
> The driver can provide location history from my google timeline if needed.
>
>Looks like a fault with your system or the cameras view was obstructed or something.
>
>Kind Regards
>
>The Owner

Thanks

JaminCat

[ostell]

This is commonly known as a double dip.

You appeal as the keeper and don't identify the driver.* Edit your post.* Use "the driver......" etc

The PCN, even with the double dip, doesn't* comply with POFA and therefore no keeper liability

[JaminCat]

This is commonly known as a double dip.

You appeal as the keeper and don't identify the driver. Edit your post. Use "the driver......" etc

The PCN, even with the double dip, doesn't comply with POFA and therefore no keeper liability

Thank you for your response. Does the following sound OK?



I dispute your ‘parking charge’ as the keeper of the vehicle.

The driver did not park but was dropping their child at and collecting their child from ice rink.

The driver can provide the following proof that they left to have lunch somewhere else during the alleged incident should this matter be taken any further.

Statement from the person they were having lunch with.
Receipt for food purchased.
Google timeline history showing two arrivals and departures from the ice rink.

[ostell]

Add in:

You have also failed to comply with several of the requirements of Schedule 4 of The Protection of Freedoms Act 2012, paragraph 9, and can't hold the keeper liable for the actions of the driver.*

[JaminCat]

I received the following email from the appeals*team today.

Dear JaminCat,

Parking Charge Notice XXXX

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 now 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 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 by3rd^*February 2020. 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 visitwww.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.

[ostell]

Sit tight and see where they go.* You should get a POPLA number and an easy win at POPLA

[luxardo]

Add in:

You have also failed to comply with several of the requirements of Schedule 4 of The Protection of Freedoms Act 2012, paragraph 9, and can't hold the keeper liable for the actions of the driver.

Which part of Schedule 4 of The Protection of Freedoms Act 2012 do you think the notice to keeper does not comply with ?

[ostell]

No period of parking, 9 2 a.* Moving in front of a camera cannot be parking*

9 2 e, invitation to keeper not in required format

9 2 h, creditor not identified

[JaminCat]

Hi,

I received the following email from them today. Makes me wonder if I should have told them I was the driver so that the evidence I supplied backed up the location the vehicle.

Dear XXX,
*
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;
*
No record of a payment could be located for your vehicle registration. Whilst we note the comments made in your appeal, upon further investigation, we can confirm that there is no record of this vehicle making more than one visit to this car park on the date of the contravention. The evidence you have provided does not evidence the vehicle itself in a different location therefore we cannot verify your claim. Other payments were made whilst your vehicle remained parked on site but none of these payments could be allocated to your vehicle registration number. The signage on site states that you must enter the full vehicle registration details at the payment terminal and validate before inserting payment and parking tariffs apply at all times. As we could find no record of a payment being made for this vehicle, your parking had not been authorised and therefore we can confirm that this PCN has been issued to you correctly.
*
You have now reached the end of our internal appeals procedure and therefore you now have two options; you can either pay or appeal to POPLA - you cannot do both:
*
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

*
Or, 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. Please note, if you pay the PCN prior to appealing to POPLA, your appeal will be withdrawn as you will have accepted liability in full.
*
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 email 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.
*

[ostell]

So the driver gave you details where they were

You now appeal to POPLA and bring up all the POFA fails and the evidence that the car was elsewhere.* And state that no evidence has been provided to show that the car had indeed parked and not merely dropped off passengers then picked them up.* Indeed Dan they show it was the same driver on both occasions

*

[JaminCat]

Hi Ostell,

But isn't their evidence the two photos attached to the original PCN?

[ostell]

Nope, the photos show the 1st entry and the 2nd exit and not parking.* Moving in front of a camera cannot, by definition, be parking

[JaminCat]

Ah OK. Thank you.