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Hi. I've been reading all the brilliant info on here but given that there seem to have been some recent changes at POPLA I thought I had better start a new thread rather than try to adapt previous info to my circumstances.
The basics are
I wrote to Premier Park, saying:
Dear Sir/Madam
Re: Registration and ticket numbers
I am assisting colleagues in challenging the above parking charge notices dated 3rd December 2015 on the following grounds. Please note that I am not the registered keeper of either vehicle. Please respond to each individual point.
Please provide this information within 35 days of receipt. If you are unable to provide any of the requested documents please provide a reason for each omission.
I look forward to hearing from you.
Yours faithfully,
I also sent a second separate letter saying:
Dear Sir/Madam
Re:Registration and ticket numbers
Without Prejudice
My colleagues and I are the fundraising team for a cancer charity. On the night in question we were having our Christmas meal at a restaurant in Charlestown, a rare evening of relaxation after a very stressful year. It was cold, dark and raining but, being remote and mobile workers, we were pleased to be meeting up. We genuinely did not realise that charges might be applicable on a 24 hour basis and had we have done so, or seen the signs, we would most definitely have paid.
Enclosed are two cheques for £15 each representing 6 times the charge which would have been paid on the night. We would be grateful if you would present these cheques within 10 days to accept them in full and final settlement of both tickets.
Yours faithfully
They have returned the cheques with the (hopefully, I'm new to this forum posting stuff) attached letter. They haven't provided any other documentation. I've had a look at the photographs online. They show each ticket on the driver's side window.
What do I do next please?
Thank you.
The basics are
- Went for a meal with colleagues - 2 cars used and 2 tickets received
- Car 1 is registered to and was driven by a colleague who worries about this sort of thing more than I do so I said I would write to Premier Park
- Car 2 is registered to a leasing company and leased to my employer
- On arrival at the car park we asked a colleague who lived locally whether there were any charges that late at night and she said no, because she had previously parked there without there being a charge
- Now looks like the land changed hands in between so a £2.50p charge was applicable for each car
- On our return Car 1 had a ticket. Another vehicle in the car park also had a ticket. Car 2 did not have a ticket but my colleague found it on the ground some distance away.
- The demand is for £100, reduced to £60 if paid within 14 days.
I wrote to Premier Park, saying:
Dear Sir/Madam
Re: Registration and ticket numbers
I am assisting colleagues in challenging the above parking charge notices dated 3rd December 2015 on the following grounds. Please note that I am not the registered keeper of either vehicle. Please respond to each individual point.
- The sum demanded amounts to a penalty and/or is not an accurate reflection of any loss suffered so it is not a reasonable charge. Your monetary claim is disproportionate, punitive and unjustifiable in total. It may also be an unfair term and therefore in breach of Schedule 2 of the Consumer Contracts Regulations 1999. Please provide a breakdown of how your demanded charge is calculated so that I can consider further whether it amounts to a penalty.
- One of the notices was not actually delivered in that it was not fixed to the windscreen of the vehicle or served by post. It was found on the ground in the car park some distance from the cars.
- The signage in Charlestown car park was inadequate and poorly lit on a dark and rainy night. The requirements are that clear signage must be erected at each entrance and additional signage installed throughout the area. There was no clear signage in the area in which I parked. Therefore no contract has been entered into with you.
- Your parking charge notices could be non-compliant demands for payment as they refer to a “contravention” which is misleading for implying it to have been issued by a statutory authority. The term "contravention" which is usable only in penalty charge notices issued by local authorities is neither correct nor appropriate terminology for a civil parking charge notice.
- If this challenge/appeal is rejected, to enable me to prepare a formal appeal to P.O.P.L.A please provide the following documentation:
- A copy of your contract with the land owner which authorises you to act on their behalf in the management of this car parking area.
- A copy of the contract which you allege I entered in to when I parked.
- Photographic evidence of the actual signs in situ in poor weather conditions, together with identification of the locations around the site where these signs are currently placed. Please also confirm the date when the photographs were taken (if not evident from the photographs themselves) and whether you have made any alterations to the signage since the photograph was taken or since the parking notices were issued.
- A copy of the full terms and conditions for use of the land where I was allegedly parked wrongly.
- A copy of your certificate of membership of the BPA
- A copy of your protocol which your enforcement and CCTV operators are required to follow.
- A copy of your standard appeal procedure and confirm whether or not it complies with the Arbitration Act 1996.
- Full details of the owner of the parking area (if it is not already stated in the copy contract above) as I wish to send them a copy of my letter to you.
- A copy of all of the images that you have of my vehicle. I understand that the Data Protection Act entitles me to all of this information.
- A copy of your protocol for handling personal data such as images of my vehicle. I assume that such data is not disclosed to any third party (other than POPLA in the event of an appeal) but please confirm this.
Please provide this information within 35 days of receipt. If you are unable to provide any of the requested documents please provide a reason for each omission.
I look forward to hearing from you.
Yours faithfully,
I also sent a second separate letter saying:
Dear Sir/Madam
Re:Registration and ticket numbers
Without Prejudice
My colleagues and I are the fundraising team for a cancer charity. On the night in question we were having our Christmas meal at a restaurant in Charlestown, a rare evening of relaxation after a very stressful year. It was cold, dark and raining but, being remote and mobile workers, we were pleased to be meeting up. We genuinely did not realise that charges might be applicable on a 24 hour basis and had we have done so, or seen the signs, we would most definitely have paid.
Enclosed are two cheques for £15 each representing 6 times the charge which would have been paid on the night. We would be grateful if you would present these cheques within 10 days to accept them in full and final settlement of both tickets.
Yours faithfully
They have returned the cheques with the (hopefully, I'm new to this forum posting stuff) attached letter. They haven't provided any other documentation. I've had a look at the photographs online. They show each ticket on the driver's side window.
What do I do next please?
Thank you.
Attached Files
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