Exeter Road Car Park, Braunton

[PleaseAdvise]

Hello,

Thank you for taking the time to read my request for advice below. I'll now jump straight to the facts...

We have been issued with a Parking Charge Notice because they say we're liable for a parking charge at Exeter Road Car Park, Braunton, EX33 2JJ on 27th December 2019 at 21:23.

The letter we've received from Premier Park says that:

"The terms and conditions of parking on this private land are clearly set out on the signage installed within the car park. By parking within this car park you are bound to these terms and conditions and liable to pay a charge if you breach these terms and conditions. This charge has been lawfully issued and the collection process will be carried out in accordance with The Administration of Justice Act 1970".

The parking charge if paid within 14 days is £60, after it goes up to £100.

I will say now that I did not buy a ticket, so you are probably thinking why am asking for advice when it's clear why I've received this PCN?

The reason is that on that evening, Dec 27th, we were heading back to a cottage in Georgeham where we'd hired over the Christmas period and our route took us through Braunton. We did not know the area and it was dark and wet. We spotted a fish and chip shop and decided to stop for food. We stopped in the car park across the road and remained in the vehicle with children with the engine running and the lights on. One member of our group walked from our vehicle across the road to buy the food to bring back. This was no more than 50 yards away. The car park cameras registered that we entered the car park at 21:01 and exited at 21:23, so a duration of 21 minutes. Because I remained in the vehicle and I assumed it was a "pay and display" car park it did not occur to me to check signs.

Due to an accident that my wife was involved in earlier that month, we were driving a courtesy car. The courtesy car company have charged us a £60 admin fee following our receipt of this PCN. They have said that if we successfully appeal the PCN then they will return the admin fee that they have charged to us.

So at this point ultimately we face a total cost of £120 and this is why I'm seeking advice please?

Thank you

[ostell]

So edit you post so that the identity of the driver cannot be inferred.* Did you get a copy of the hiring term and the original NTK with you Notice to hirer?

Hopefully will get rid of both charges

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[PleaseAdvise]

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[PleaseAdvise]

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[PleaseAdvise]

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[ostell]

Don't* want your copy of the hire document, just a yes or no, please read the question asked.**

You were asked to edit so that the identity of the driver cannot be inferred then identify inferred again in post #3.* Sheesh!

I can't read a .rtf file on this machine.* Need to see the Notice YOU received.

Read*POFA, especially paragraph 14* * http://www.legislation.gov.uk/ukpga/...dule/4/enacted

[PleaseAdvise]

Ostell,

I see that you've made*over 6k posts, and maybe you have helped some people, but I'm afraid you haven't helped me... you've made things worse with your curt and unclear correspondence towards me.

I came to this forum for help. Your response to me has made me feel stupid and has not helped.

You are a VIP member whereas I am a junior member. Has it occurred to you that someone new here is unfamiliar with the do's and don'ts.

So I'll just go now and pay the Premier Park PCN and I'll pay the admin fee that the courtesy car company have charged me because I've reached the point where doing anything else seems to be worse than paying the penalties.

One last point... there seems to be a problem with posting text in these fields.

Anyway doesn't matter...





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[ostell]

Usually we ask questions and expect answers so that the direction to take can be determined. Most of the appeals depend on making use of non compliance with POFA but this is negated if the possible driver is known.

In your case it looks as though you have (had) a very good chance of successfully defending the charge.

So now it seems as though there were no additional documents so, if the ID of the driver cannot be inferred :

Sirs

Ref PCN xxxxx VRM yyyyyy

I am the hirer/keeper of the above vehicle and am in receipt of the PCN you issued. I have no liability on this matter as you have failed to meet the requirements of Schedule 4 of The Protection of Freedoms Act 2012 namely, but not limited to, failing to supply the additional documents mandated by section 14 (2) (a) of the Act. You cannot therefore transfer liability from the driver at the time to me, the hirer keeper..

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

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc.

Send first class post with free certificate of posting from any post office


I spend a lot of time (too much) answering PCN queries on multiple forums and people answering the question they thought they read or not following instructions makes me think I am wasting my time.


There are problems with the site and text entry
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