Help! Parking Charge Notice - Premier Park - POPLA rejection

[Medea]

Hi,

I received a PCN from Premier Park in Devon for parking incorrectly on a private road.

I appealed the PCN as I am a valid permit holder, but on that particular day, the permit had fallen under the seat and I didn't notice.
I sent photos of my permit under the seat and against my registration number, so they knew I was a permit holder, it was just an unfortunate accident.

Premier Park denied the appeal. The signage says the permit must be on the dashboard, and mine was on the floor.

I appealed with POPLA but they also denied my apeal for the same reasons.

I am expected now to pay £100 or go to court.

Can someone advise what I should do?

My POPLA arguments included that I am a permit holder, with a visitor permit, but it had fallen on the floor without my knowledge. I included a letter from my aunt, confirming she witnessed me putting the permit on the dashboard, so the only explanation was that it blew off when I closed the door.

I also included that I was caring for my terminally ill grandmother (who passed a couple of days ago sadly) so have been in a heightened state of stress, and didn't notice the permit wasn't on the dashboard.

I included that their operator had been allowing work vehicles to park on the road without permits for months while doing work for the landowner, even though signage says "all vehicles. No exceptions". Ironically the operator/warden also has no permit when he parks to patrol. POPLA said this was not relevant to my PCN - but how is this fair?

I don't know what to do now. Would my situation stand well in court?

Could I, as a plan B, argue to pay in small installments (I am on low income and don't have £100)

Advice would be very gratefully relieved.

[mystery1]

Re: Help! Parking Charge Notice - Premier Park - POPLA rejection

Have you contacted the landowner ?

Aside from that there is no appeal option left. Premier park might accept instalments if you ask.

http://www.bmpa.eu/companydata/Premier_Park.html shows that they do not do court very often so ignoring all bar court papers is a viable option.

Did the signs make a contract ? http://parking-prankster.blogspot.co...-contract.html

M1

[Medea]

Re: Help! Parking Charge Notice - Premier Park - POPLA rejection

Hi,

Thanks for your reply.

The signs were a contract, that I agree to display a valid permit on the dashboard, or pay the fine.

BUT I included a witness letter from my aunt, saying I placed the permit on tue dashboard of the car! Due to being busy with removing a wheelchair from the car/helping my nan out I didn't notice the permit had fallen.
I expected as I am a permit holder, that they would accept my appeal.

North Devon Homes, who own the road, haven't replied to my email.

I don't know whether to ignore it and let them decide about court or not. I've got good ethical grounds (I'm a permit holder, the road isn't a charged area so they're just seeking profit where they can) and some evidence I compiled with signage (my aunts statement that to my and her knowledge the permit was on the dashboard when we left the vehicle) and my individual circumstances (potential leniency as I was caring for a sick/disabled person at the time) but I just have no faith in the justice system at court!!

I don't have the money to pay court fees and stuff, so it's hard to know whether to take the risk.

[mystery1]

Re: Help! Parking Charge Notice - Premier Park - POPLA rejection

Well if the sign says to place it on the dash and you did then there is no contravention.

You only have fees to pay if you lose. It's a very small chance they go to court then an even smaller chance they win so whilst it is a risk it's a very low risk. It's also not a decision i can make on your behalf.

M1