PCN at 3-hour free site - Premier Park

[Benz3ne]

Shwmae pawb - Alright all?

I've had a look around since receiving a PCN from Premier Park, issued on 29/12/16 after the driver breached their 3-hour limit by a mere 21 minutes. The driver went to see Rogue One in the Odeon cinema on site and, including adverts and walking time to/from car, took them slightly over the 3 hour stay - 17/12/16. Good film, by the way.

As per their common practice, they've given me the PCN with £60 now or £100 later spiel, photos of the driver's car with close-up's of registration number (though one of them looks to be computer generated - the numberplate bolt covers are white (as is true to life) in one and black (not featured on either front or back of car) on the other. Both close-up's are, of course, hazy but one looks particularly incorrect. The photos of the actual car are relatively well resolved, however.

I will look to get a photo of the 'terms' signage on the way into the car park, though haven't done that as yet.

I can supply photos of the PCN to whomever may wish to see them and will try and have copies omitting personal information for when/if they're required. If someone could point me in the direction of which information is best omitted, that would be worthwhile. I'd imagine number plates, reference number, name and address should be omitted.

There were ample parking spaces available and the driver didn't impede anyone's stay by staying over the 3-hour limit so as to provide their custom to local business.

I believe my options would be along the lines of:

- appeal to Premier Park LTD.
- wait for appeal to be rejected, hoping it'll be accepted, while the driver/customer tries to contact the landowner.
- obtain POPLA number and launch appeal against Premier Park LTD there.

I'll try and obtain a receipt or similar for the film - the driver's parents kindly paid for these.

Thanks in advance you knowledgeable people!

[des8]

Re: PCN at 3-hour free site - Premier Park

Croeso i LB

templates here http://www.legalbeagles.info/forums/...land-and-Wales
Pob lwc

[Benz3ne]

Re: PCN at 3-hour free site - Premier Park

Diolch yn fawr des8.

I'll get that off to them first of play tomorrow and see what they come back with.

All the best.

[Benz3ne]

Re: PCN at 3-hour free site - Premier Park

Helo eto pawb - Hello again all.

The response I've had from Premier park after following the template and requesting a POPLA code is as follows;

"Dear Mr ,

Re: Parking Charge Notice xxxxxx

We write to acknowledge receipt of your recent online appeal, on behalf of the driver, appealing against the issuing of a Parking Charge Notice (PCN) to the vehicle.

We note your comments and must refer you to the Protection of Freedoms Act (PoFA) 2012, Schedule 4 - Recovery of unpaid Parking Charges. This is available to view online at:
http://www.legislation.gov.uk/ukpga/2012/9/schedule/4

We must therefore request that the details of the driver of the vehicle at the time of the contravention are supplied; this must include their full name and serviceable UK postal address. If you are unwilling or unable to provide these details the registered keeper of this vehicle will remain liable for this PCN. This information should be provided by 2^nd February 2017. Please note, Premier Park Limited will not reply to any correspondence until after the above date, if the requested information is not provided.

If we do not receive this information by the date given, the registered keeper of the vehicle at the date of event will be held liable.

If you would like to view our photographic evidence, please visitwww.pcnpayments.com

Please respond by return or by filling in the Transfer of Liability form on the reverse of the PCN and posting it to Premier Park, PO Box 624, Exeter, EX1 9JG.


Yours Sincerely,

The Appeals Team
Premier Park Ltd"

From what I've read previously, they should provide a POPLA code upon request? Does failing to do so mean that they're in breach of a legislation or similar?

Cheers!

[des8]

Re: PCN at 3-hour free site - Premier Park

Bore da.

They haven't yet declined to give a POPLA code.
They have "requested" the drivers's name and address (which you decline to give) and will not be responding to any correspondence until after 02/02/2017

Have you approached the manager of the cinema concerned about getting this ticket cancelled.
After all, if a 3 hour parking slot isn't sufficient, neither you nor your mates will be going to his cinema again,will you?

For the sake of our parking guru @mystery1

Upload images to your thread

like this

.if you can't upload images/documents Email

kati@legalbeagles.info

She doesn't own a crystal ball as far as he is aware so link to your thread or tell her how to find it ! Do sanitise them as mentioed in your earlier post.

[des8]

Re: PCN at 3-hour free site - Premier Park

Apologies for garbled text in above post.
This was a copy and paste that went wrong and my edit button couldn't correct and couldn't even delete it!

[Benz3ne]

Re: PCN at 3-hour free site - Premier Park

I'll see whether I can find contact details for the cinema owner and the land owner. The land owner I think is distinct from the cinema owner as the car park is for a number of businesses.

On a slight tangent, my father also received a PCN for overstaying - I met him there, watched the same film and left at the same time. Our reference numbers are one digit apart.

No need to apologise for garbled text, I understood the relevant text!

[mystery1]

Re: PCN at 3-hour free site - Premier Park

You can either wait or speed things along by emailing back

Dear Tw@t,

I am under no legal obligation to name the driver. Go forth and multiply.

Yours sincerely

Not as stupid as you think i am.

M1

[Benz3ne]

Re: PCN at 3-hour free site - Premier Park

Mystery, that is something spectacular!

I think I'll bide my time on the matter. In the meantime I've managed to get details of the person responsible for oversight of the private land so I may get in touch with her and see whether she can cancel the ticket(s).

That being said, it is tempting to send the above...

Edit: To ask a silly question, I'm now waiting for Feb 2nd so they can issue me a POPLA code, correct?

[mystery1]

Re: PCN at 3-hour free site - Premier Park

Yes and no. They can issue it at any time and that's what you are waiting for. If they choose to wait until 2nd then so be it.

M1

[Benz3ne]

Re: PCN at 3-hour free site - Premier Park

Hello again! I've received another email which includes a POPLA code as below;

Dear Mr ,

Re: Parking Charge Notice xxxxxx

We write to acknowledge receipt of your recent online appeal, on behalf of the driver, against the issuing of a Parking Charge Notice (PCN) to your vehicle for a breach of the advertised terms and conditions.

We have considered your comments, and after examining all the evidence relating to the issuing of this PCN, we are satisfied that on this occasion the charge was issued correctly and must advise that your appeal has been denied, as the vehicle overstayed the maximum free stay period and no record of a permit could be found to authorise the additional time spent on site.

You have now reached the end of our internal appeals procedure.

If you would like to view our photographic evidence, please visitwww.pcnpayments.com

You now have three options;

1. Pay the Parking Charge Notice at the 14 day reduced amount of £60.00 by 17^thFebruary 2017. Please note that after this time the PCN will revert to the original £100.00 charge. Payment can be made online at www.pcnpayments.com or you may send a cheque made payable to Premier Park Ltd.

2. Make an appeal to POPLA - The Independent Appeals Service, by completing the form which can be found at www.popla.co.uk or write to POPLA - PO BOX 1270, Warrington – WA4 9RL. You will require this unique POPLA verification code xxxxxxx. If you wish to appeal to POPLA, you will lose the right to pay the charge at the discounted rate of £60.00 and should POPLA’s decision not be found in your favour, you will be required to pay the full amount of £100.00. Your appeal to POPLA must be submitted within 28 days from the date of this email. For more information regarding making an appeal to POPLA, please visit www.popla.co.uk
By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org/) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such, should you wish to appeal then you must do so to POPLA, as explained above.

3. If you choose to take no action, we will seek to recover the monies owed to us via our Debt Recovery Service and this may result in proceeding with legal action against you or the Registered Keeper of the vehicle. Please note we will seek to recover all unpaid charges through the use of the Protection of Freedoms Act (PoFA) 2012, Schedule 4 – Collection of Unpaid Parking Charges.

Yours Sincerely,


The Appeals Team
Premier Park Ltd

IMPORTANT INFORMATION
Unless any additional relevant information or facts are provided, Premier Park Ltd considers this to be their final decision regarding this appeal.
Please note that all Credit/Debit card payments are subject to a £1.80 administration charge.
This message was sent from an unmonitored e-mail address. Please do not reply to this message.

I'm wondering what the plan of approach should be towards POPLA.

Thanks in advance!

[Benz3ne]

Re: PCN at 3-hour free site - Premier Park

I have also contacted the site manager and [they] have said that the parking site in question doesn't relate at all to use of the cinema, but only to a selection of tenants (shops and a gym). I'd mentioned that there was parking available prior to the driver's stay and post-stay so was not inhibiting parking for other motorists, nor was there information relating to use of the cinema being separate to the particular parking site, nor that the nearby (circa 20 metres away) parking area should be used for parking for the cinema. [They] said there is no grace period whatsoever for the parking area in which the PCN was dealt and that signage regarding parking (or not parking) for the cinema would be considered at a later date.

[mystery1]

Re: PCN at 3-hour free site - Premier Park

Can i see the PCN now please ?

M1

[Benz3ne]

Re: PCN at 3-hour free site - Premier Park

M1 sorry about the delay - I've been exceptionally busy of late. I'll try and get one up later.

[Benz3ne]

Re: PCN at 3-hour free site - Premier Park

My further apologies - I have been inundated with work- and home-related issues. I have finally had an opportunity to upload the letters I have received. I shall send you the PCN, M1. I haven't had an option to remove personal information, but as long as it's between yourself and I, I have no issues with this.

Many thanks again for your patience.

Edit: I'm unable to send private messages yourself, M1. Suggestions?