Premier Park Ltd - ZZPS chasing when NO PCN received

[enron]

Just thought i'd post up our current situation.

Father has received a stream of letters from ZZPS Ltd chasing an alleged debt, first came on 22nd May 2017.

NO PCN received at all from Premier Park Ltd - dca not forthcoming with a copy.

[charitynjw]

Re: Premier Park Ltd - ZZPS chasing when NO PCN received

Hi enron, welcome to LB.

ZZPS are just debt collectors, they have no legal right to try to enforce an alleged debt.
Could you give some background?
Was there a windscreen ticket? was it ANPR?
Do you still have the original documentation? (W/screen ticket, original Notice to Keeper)
Do you have pictures of the site & signage?
Have you been in communication with Premier or ZZPS, & if so have you ID'd the driver?

[enron]

Re: Premier Park Ltd - ZZPS chasing when NO PCN received

Hi enron, welcome to LB.

ZZPS are just debt collectors, they have no legal right to try to enforce an alleged debt.
Could you give some background?
Was there a windscreen ticket? was it ANPR?
Do you still have the original documentation? (W/screen ticket, original Notice to Keeper)
Do you have pictures of the site & signage?
Have you been in communication with Premier or ZZPS, & if so have you ID'd the driver?

Hi, thanks for the info.

Alleged parking event occurred 12/03/2017 in Brixham, Devon - first contact from ZZPS Ltd on 22nd May 2017 (71 days afterward).

Ticket was from ANPR. No "Notice To Keeper/Parking Charge Notice" received.

All original documentation to/from retained. The owner of the vehicle was not the driver, which has been stated to Premier Park Ltd and ZZPS Ltd - driver not identified as no obligation under law after 14 days.

No pictures of signage but that's my next stop when we go down there again (obviously without parking in car park).

I have a suspicion that the vehicle details weren't obtained within the 14 day prescribed period from the DVLA, hence the reason for no PCN. Have contacted the DVLA to request when details were requested.

Have written to trading standards, local MP/Home Office pointing out a problem with the legislation "notice is presumed received unless proven otherwise",, Torbay Council (land owner), e-mailed Sajid Javid MP (communities minister, know his predecessor had the practices of private parking firms on his radar), Watchdog and about 8 press publications.

[charitynjw]

Re: Premier Park Ltd - ZZPS chasing when NO PCN received

Have written to trading standards, local MP/Home Office pointing out a problem with the legislation "notice is presumed received unless proven otherwise"

I'm assuming here that you are referencing Protection of Freedoms Act 2012 (PoFA), Sch 4 9(6).

driver not identified as no obligation under law after 14 days.

There is no obligation at all in civil cases.
PoFA allows for a transfer of liability from the driver to the registered keeper, but there is no obligation for anyone to name the actual driver.

Are Premier/ZZPS quoting PoFA?

[enron]

Re: Premier Park Ltd - ZZPS chasing when NO PCN received

Thing is we don't have the PCN/NTK so we don't know what legislation they are citing.

ZZPS Ltd have made no mention in their letters of legislation or sent us a copy of the PCN.

I have told them that in the absence of a PCN they will be receiving no payment.

[charitynjw]

Re: Premier Park Ltd - ZZPS chasing when NO PCN received

If it were me I'd email DVLA to see whether anyone has accessed personal data, & if so, how was it accessed.
If Premier have not complied with PoFA Sch 4, they should not have done so using the DVLA portal & should not have passed details to ZZPS.
https://www.gov.uk/request-information-from-dvla

[enron]

Re: Premier Park Ltd - ZZPS chasing when NO PCN received

If it were me I'd email DVLA to see whether anyone has accessed personal data, & if so, how was it accessed.
If Premier have not complied with PoFA Sch 4, they should not have done so using the DVLA portal & should not have passed details to ZZPS.
https://www.gov.uk/request-information-from-dvla

I've sent the DVLA a letter....... if I don't hear anything by the end of the week I will e-mail instead.

I did think that if they haven't complied with POFA within the time frame stated in the legislation, there could be ICO problems for Premier Park Ltd in their passing on of details to a debt collector when they would have known that their claim would not be a valid one.

[enron]

Re: Premier Park Ltd - ZZPS chasing when NO PCN received

Interesting to note that the Premier Park Ltd will not be managing the parking at Berry Head soon:

http://www.guardhousecafe.com/new-pa...em-berry-head/

[enron]

Re: Premier Park Ltd - ZZPS chasing when NO PCN received

It's funny when you have a letter from a debt collector arrive 71 days after visiting Berry Head you forget the finer detail, and focus on the numbers involved.

During our visit on 12/03/2017 there was no option to pay by cash, however from memory - and a lot of searching I have a copy of the sign which Torbay Coast & Countryside Trust had displayed:

https://image.ibb.co/fwTLF5/berry_head_1.jpg

So jog on Premier Park Ltd, ZZPS. I'm sure that my local trading standards are going to love this.

Time to plaster this everywhere where there is an issue at Berry Head car park with Premier Park Ltd.

I believe that Premier Park Ltd machine was ram raided in late 2016, hence the no cash option at the site.

#victory

[enron]

Re: Premier Park Ltd - ZZPS chasing when NO PCN received

DVLA informed accessed within the 14 day period, above blows their claim out of the water though.

[enron]

Re: Premier Park Ltd - ZZPS chasing when NO PCN received

People tried to break into the machine on 3 occasions, with the last being September 2016, at which point the car park at Berry Head stopped taking cash - and the sign by the trust went up. Next step, to find out whether the trust informed Premier Park Ltd - which i'm sure they would have.