Exeter Road Car Park, Braunton - Premier Park PCN

[adamski1963]

Good evening I hope someone can assist.

We were recently holidaying in Devon and stumbled across The George Inn at Braunton. As it was our 25th wedding Anniversary decided to have a meal in the restaurant. We entered the Exeter Road car park and purchased a ticket for 2 hours. (Unfortunately, I do not have the ticket any more), assuming 2 hours would be enough for a meal. Despite the restaurant not being busy the service was not that quick, but as we were in no rush did not feel the need to complain. Having spent a not inconsiderable sum in The George Inn we returned to the car about 20 minutes after the ticket expiry. Seeing no parking ticket on the car thought nothing more of it. Admittedly, when purchasing the ticket I did not spend 5 minutes reading all the T's and C's and was unaware of the ANPR system in place.

So far no contact has been made with Premier Park, and all emails to The George Inn and the Directors of the owning company requesting that the PCN have been ignored, as the car park is managed by Premier Park on behalf of The George Inn.

Please note that the letter is dated 22 August yet only received on 30 August

I have attached the redacted PCN, and hope someone can kindly give me guidance in contesting this PCN.

Many thanks in advance,
Adam

[charitynjw]

Re: Exeter Road Car Park, Braunton - Premier Park PCN

Hi Adam

Did you keep the envelope that the Notice to Keeper was in?

[adamski1963]

Re: Exeter Road Car Park, Braunton - Premier Park PCN

Thanks for the prompt response.

The answer is... possibly! My wife opened the envelope, the car is registered to her, and the envelope she thinks it came in is a pre paid 'UK mail' one. With no dates on. Note that the spelling of the surname is incorrect too.


I hope this helps.

[charitynjw]

Re: Exeter Road Car Park, Braunton - Premier Park PCN

If so it will have a bar code which will show when this was posted.
Letter dated 22nd Aug but not rec'd until 30th?
Something fishy there!

[adamski1963]

Re: Exeter Road Car Park, Braunton - Premier Park PCN

Nothing on the envelope, so must be the wrong one.!

[ostell]

Re: Exeter Road Car Park, Braunton - Premier Park PCN

Was it a First class letter or one of these other delivery companies? The assumed 2 days for delivery assumes Royal Mail First class.

Tell them that they have failed to delver the NTK in sufficient time to hold you liable.

[adamski1963]

Re: Exeter Road Car Park, Braunton - Premier Park PCN

Thanks. Will give it a try. And if that fails?

Regards,
Adam

[charitynjw]

Re: Exeter Road Car Park, Braunton - Premier Park PCN

Your best (easiest) defence would be a technicality, that being that the NtK was served out of time.

The NtK looks to be PoFA compliant, so site signage would be the logical thing to look at, as that is the alleged contract with the driver.

But the clock is ticking.

Have you tried contacting the George's management to see if they can intercede?

(The NtK shows a 28 minute overstay of the 2 hrs stated by you, so grace periods are probably not arguable).

[adamski1963]

Re: Exeter Road Car Park, Braunton - Premier Park PCN

Yes, tried the George, and it's directors. Not even the courtesy of a reply.

[ostell]

Re: Exeter Road Car Park, Braunton - Premier Park PCN

Yes, tried the George, and it's directors. Not even the courtesy of a reply.

Have the got a page on social media? A negative comment sometimes works wonders.

[adamski1963]

Re: Exeter Road Car Park, Braunton - Premier Park PCN

Have the got a page on social media? A negative comment sometimes works wonders.

They have, and they've done it before. Reviews have highlighted the same experience. They seem not to care.

I have sent them one last email intimating that I will be supplying reviews on review sites and social media outlets outlining my experience. Don't think it will work though....

They clearly have no conscience.

[adamski1963]

Re: Exeter Road Car Park, Braunton - Premier Park PCN

Your best (easiest) defence would be a technicality, that being that the NtK was served out of time.

The NtK looks to be PoFA compliant, so site signage would be the logical thing to look at, as that is the alleged contract with the driver.

But the clock is ticking.

Have you tried contacting the George's management to see if they can intercede?

(The NtK shows a 28 minute overstay of the 2 hrs stated by you, so grace periods are probably not arguable).

Pardon my ignorance, but how best would the appeal be worded?

Adam

[charitynjw]

Re: Exeter Road Car Park, Braunton - Premier Park PCN

The alleged issue date was 22nd August, so the deemed date of service would be (unless you can prove otherwise) 24th August.
That now puts you outside the 14 days allowed to pay the reduced payment.

I've seen other threads concerning this site.
In some previous cases it was argued (successfully) that the signage was inadequately lit, but there is some anecdotal evidence to suggest that this has since been remedied.
To argue that the NtK was served out of time, you really ought to have irrefutable proof. (The burden will be on you to prove the fact if it goes to court). However, at the 'soft appeal' stage (ie the appeal to the parking co themselves) there is no harm in just stating that the Notice to Keeper was served late.......see what they come back with!

Other than that, we need to see pictures of site signage......any chance....?

[barney19]

Re: Exeter Road Car Park, Braunton - Premier Park PCN

Dear All,
I am new to this site having coming across it whilst appealing a PCN I also picked up at this car park a few weeks ago. I appealed direct to Premier Park on the grounds that the signage was not good enough - "Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers. The only payment machine is situated immediately to the right by a hedge as you enter causing the unsuspecting driver to miss it completely as they turn left to where the majority of spaces are and the exit is. This is the only payment machine in the car park. In addition the four signs in existence which includes one obscured on the back of the entrance sign displaying the large P have lettering so small that a driver cannot read it from a vehicle on entering the car park and concentrating on driving and parking. No large and prominent sign stating that payment is required exists in the car park or at the exit so that a driver sees it prior to exiting. This is contrary to council run car parks where signs exist on and prior to the exit stating in large letters 'Have you paid?' The signage is insufficient in placement, size and quantity to make it clear to drivers concentrating on driving and parking that payment is required to park .
I also appealed under POFA - "Under POFA 2012 Schedule 4, paragraph 9 2c a requirement exists to 'describe the parking charges due from the driver as at the end of that period, the circumstances in which the requirement to pay them arose (including the means by which the requirement was brought to the attention of drivers) and the other facts that made them payable'. You have not complied with this in your notice as you have failed to state the circumstances i.e. that no payment was made by the driver for the period in question or that the driver had overstayed their payment. Stating 'the driver became liable for a parking charge' is insufficient, it does not state 'why' i.e. no payment or overstaying a payment. The notice therefore does not comply with POFA 2012."
PP have responded by acknowledging my appeal and referring me to POFA and demanding the driver details.
With regard to the above post re signage, attached are photos I have taken.
Any advice please?
Barney