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Premier Park issued PCN for "Obstructive Parking" by parking car in Motorcycle Bay

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  • Premier Park issued PCN for "Obstructive Parking" by parking car in Motorcycle Bay

    Premier Park issued PCN for "Obstructive Parking" by parking car in Motorcycle Bay

    I've today received a PCN for parking in a motorcycle bay, I didn't realise that this would cause a PCN as the "bay" just a normal parking space with a line between it. I have a motorbike myself and it wasn't my intention to obstruct a motorcyclist, I thought the markings were just a suggestion as they are dotted around the place . Can they enforce such a PCN or can I appeal it? Please see attached.

    Any advice would be appreciated. (Apart from not parking in the bay in the first place!)

    Letter - https://i.postimg.cc/NFfDY8mz/PCN.jpg
    Tags: None

  • #2
    Other and better grounds of appeal may be available.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3

      Can you post up a picture of the signage.

      In the meantime read PoFA 2012 Schedule 4 sec 9 (https://www.legislation.gov.uk/ukpga...dule/4/enacted).
      Read it carefully, and check that the PCN complies completely.
      Any failures are a reason for disputing the charge

      Comment


      • #4
        Dear Sirs,

        I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

        You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give the invitation to keeper in the format prescribed by section 9 (2) (e) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

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

        I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

        Yours etc

        Comment


        • #5
          Thank you for the replies, please see below the signage: https://i.postimg.cc/yNs4dSb6/4-C74-...623-DC2130.jpg

          Comment


          • #6
            I also attach a picture of the bay I was parking in, the line indicating the motorcycles is smaller than the two lines marking the actual bay itself, would this be an argument that it isn’t a full bay? Therefore I was in fact parked wholly within a marked bay as per the signage?

            ​​​​​​https://i.postimg.cc/h4rKLKSg/EF2-F3...5314-C4953.jpg

            Comment


            • #7
              Hi all

              Hope everyone's well.

              I posted Ostells response to Premier Park a week or two a go I've now received the following letter from them:

              https://i.postimg.cc/fT311fjx/letter.png

              Should I ignore this letter or do I need to go though the procedure with POPLA?

              Thanks as always!

              Comment


              • #8
                If you chose to ignore premier will chase you and eventually probably pass the matter over to BW legal.
                They are debt collectors, and if you ignore them you will most probably receive a court claim from premier.

                it is easier and cheaper to appeal via POPLA!

                Comment

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