Premier Park charging resident tenant

[VeronikaM]

Hello All, I was moving off and overstayed in the common area of our car park (designated residential area is upstairs therefore not suitable while packing up). I've got the attached for which I've sent an appeal. Now they want me to name the driver (for I did not) and refer to Protection of Freedoms Act (PoFA) 2012, Schedule 4. Am I really obliged to pay? They've been horrible throughout my whole residential period and I know other tenants had issues with them before for not using the designated, fenced area upstairs. The gates were open 24/7 for months, even before the pandemic, for the mechanical issue (I guess) never been sorted. A gang of youngsters from the nearby shady area were coming to the car park every day, causing disturbance, damage and annoying people. Even a car was stolen from the fenced area! There always was abundant space downstairs to park but they challenged residents for it. What can I do? All help appreciated.

[ostell]

Did you identify the driver in your appeal? What did your lease say about parking?

They have failed to give the invitation to keeper 9 (2) (e) in format prescribed by POFA.

There is a court case, appeal I believe, that said that parking to load was not against the terms. I can't remember it at the moment

[VeronikaM]

I did not say who the driver was just apologised for overstaying and asked them to waive the charges. I also highlighted that at that time, I used to be a resident of one of the blocks there. I made a screenshot of my reply, here it is attached.
The contract assigned a specific parking space in the residential area, which is (as mentioned above) is not any safer than parking outside of it, what's more, due to recurrent problems with electric gates not working properly, a real struggle. Can dig up some conversations with the previous car park management company but I'm afraid those would not be relevant to this case.
I reckon their income dropped with less people staying in the area so they try to squeeze every penny of those they can.

[ostell]

Try Jopson v Homeguard. Appeal case where judge found that a tenant had the right to stop by the front entrance to facilitate a move

[VeronikaM]

I was about to pay them the £60 today (PCN issue date was 23rd July, I did appeal on the 28th July and got a response from them in email on that the 15th August). Went on the website just to see they want the full amount plus 0.50 admin fee.
Is that realistic? I checked the Jobson v Homeguard case, there is a short time period is mentioned, I overstayed by 33 minutes (considering there are two hours free parking). They want me to name the driver before 27th August. Here is the full text what I've got in email:

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 by 27^th August 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 visit www.pcnpayments.com

[ostell]

You have hinted at the driver but they have not noticed.

respond to them towards the end of the period and point out the appeal case of Jobson.

[VeronikaM]

I will, thank you so much.
Shall I name the driver or just go ahead with pointing out the appeal case?
I'm asking as I'm not an expert on legal cases (wouldn't be here then, ha ha), had a pretty hectic period around the moving and simply forgot about the time on that one occasion. I've been there nearly every day throughout a 2 week period to get things done and other times were all okay. Just that day... I did not plan to stay for that long, but when one is moving a whole household with only help from a disabled mother, is kinda hard.

[ostell]

Don't name the driver at the moment.

[VeronikaM]

Okay, so I drafted the below - please tell me if it's too much or kind of okay

Dear Sirs,


Please see a reference to appeal case Jobson v Homeguard about a very similar situation.
In my opinion, there was no wrongdoing and it should be understandable that with a residential parking area located on the upper floor of a parking lot, not all moving related activities can be done by carrying belongings upstairs. The car had all the right to stay in the parking lot, as the car belong to a resident-at-that-time.
Also, forcing tenants to the upper car park does not prevent any damage to vehicles as we saw numerous examples in the past 4.5 years living there - stolen bicycles, recently a car (!).
There always been plenty of space outside the fenced area, as the supermarket sharing the car park area has been closed 5 years ago. No car was taking space from others, especially not for a few hours.

Actually, I should charge you for those numerous occasions I played guide for temporary visitors, for they could not find the meter hidden behind the travelator, or were confused by the signalling. Or those occasions I was late from work because of electric fault of the gates.
I still have emails and photo evidence sent mostly to XYZ of ZYX
about electric faults, dangerous conditions caused by poor grit dispense at winter time.
Even before the pandemic and lockdown, gates been left open for days or even weeks, for the fault has not been dealt with. This allowed strangers to trespass (I'm mostly talking about those youngsters casing a nuisance in the area) which has not been handled at all. At all.
I wonder what percentage of damages and disturbance can be related to those gangs... setting something on fire, setting the fire alarm off multiple times, mostly at nighttime!

Parking companies should make exemption list for those cars which belong to residents via a closer cooperation with the landlord company.
Pulling tenants through situations like this won't help any party.

I am happy to pay for the 2 hours 33 minutes but making £100 paid is unfair.

[ostell]

It is too verbose. Talking about there other failings does nothing to help your case. Keep it the need to park close to the entrance in order to facilitate removal.

Give the full definition of the Jopson case: court, case number and date and mention it was an appeal.

[VeronikaM]

Thank you so much, Ostell! You're right, I might not help the case at this stage with pouring all that on them. Just wanted to indicate there's more into the story than what meets the eye. Hopefully, l won't need these at a later date either.