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Good Evening all,
I have a "Parking Charge Notice" from Premier Park for overstaying my welcome at an ANPR operated carpark (ticketed). I had appealed using some information on MSE before finding some gems on your site, however this was refused. I wanted to ask for help to determine if it is worth pursuing with POPLA, or to just pay up.
Many thanks in advance for your help!
Charge Notice:
1st stage appeal response:
Dear
Re: Parking Charge Notice
We write to acknowledge receipt of your recent email appealing 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, as you overstayed by 22 minutes, and must advise that your appeal has been denied.
If you would like to view our photographic evidence, please visit www.pcnpayments.com
You now have three options;
1. Pay the Parking Charge Notice at the 14 day reduced amount of £60.00 by 26th September 2015. 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 athttps://www.popla.org.uk/appeal.htm or write to POPLA - PO BOX 70748 - London - EC1P 1SN. You will require this unique POPLA verification code 6662555452. 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. For more information regarding making an appeal to POPLA, please visit www.popla.org.uk
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.
-----Original Message-----
From:
Sent: 02 September 2015 20:21
To: Premier Park Ltd <noreply@premierpark.co.uk>
Subject: Online Appeal Submission:
Online Appeal Submission.
Appeal Details:
PCN No:
Vehicle Registration:
Associations: Keeper:
Appeal Description:
Dear Sir / Madam,
You issued me with a parking ticket on 26/08/2015 but I believe is was unfairly issued. I will not be paying your demand for payment for the following reasons:
- There was insufficient signage
The car park in question has no clear signage that parking charges are automatically applied at the end of the validity time. This means the ticket would be unlawfully issued without providing a fair chance to the driver.
- The charge is disproportionate and not commercially justifiable The amount you have charged is not based upon any commercially justifiable loss to your company or the landowner.
According to the Unfair Consumer Contract Regulations, parking charges on private land must not exceed the cost to the landowner during the period the motorist is parked there. In my case, the £100 charge you are asking for far exceeds the cost to the landowner of the minimum 1 hour charge of £1.10 should another vehicle have required the parking space.
- Insufficient detail provided on charge notice Whilst entry and exit times have been provided along with the duration of parking - there is no mention to the amount of parking / time paid for, along with the length of time the parking was in excess of being paid for.
Whilst I was aware of the parking time, you will be able to see from your CCTV footage that we had in fact returned to the car park prior to expiration of the ticket in question. Based on the above that the signage is not clear for automatic / CCTV based enforcement - I acted as a law abiding citizen by purchasing and had returned to my vehicle prior to the ticket expiration. As a result I am now fully aware of the electronic parking enforcement present in this parking facility.
If you choose to pursue me please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter.
Yours faithfully
I have a "Parking Charge Notice" from Premier Park for overstaying my welcome at an ANPR operated carpark (ticketed). I had appealed using some information on MSE before finding some gems on your site, however this was refused. I wanted to ask for help to determine if it is worth pursuing with POPLA, or to just pay up.
Many thanks in advance for your help!
Charge Notice:
1st stage appeal response:
Dear
Re: Parking Charge Notice
We write to acknowledge receipt of your recent email appealing 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, as you overstayed by 22 minutes, and must advise that your appeal has been denied.
If you would like to view our photographic evidence, please visit www.pcnpayments.com
You now have three options;
1. Pay the Parking Charge Notice at the 14 day reduced amount of £60.00 by 26th September 2015. 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 athttps://www.popla.org.uk/appeal.htm or write to POPLA - PO BOX 70748 - London - EC1P 1SN. You will require this unique POPLA verification code 6662555452. 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. For more information regarding making an appeal to POPLA, please visit www.popla.org.uk
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.
-----Original Message-----
From:
Sent: 02 September 2015 20:21
To: Premier Park Ltd <noreply@premierpark.co.uk>
Subject: Online Appeal Submission:
Online Appeal Submission.
Appeal Details:
PCN No:
Vehicle Registration:
Associations: Keeper:
Appeal Description:
Dear Sir / Madam,
You issued me with a parking ticket on 26/08/2015 but I believe is was unfairly issued. I will not be paying your demand for payment for the following reasons:
- There was insufficient signage
The car park in question has no clear signage that parking charges are automatically applied at the end of the validity time. This means the ticket would be unlawfully issued without providing a fair chance to the driver.
- The charge is disproportionate and not commercially justifiable The amount you have charged is not based upon any commercially justifiable loss to your company or the landowner.
According to the Unfair Consumer Contract Regulations, parking charges on private land must not exceed the cost to the landowner during the period the motorist is parked there. In my case, the £100 charge you are asking for far exceeds the cost to the landowner of the minimum 1 hour charge of £1.10 should another vehicle have required the parking space.
- Insufficient detail provided on charge notice Whilst entry and exit times have been provided along with the duration of parking - there is no mention to the amount of parking / time paid for, along with the length of time the parking was in excess of being paid for.
Whilst I was aware of the parking time, you will be able to see from your CCTV footage that we had in fact returned to the car park prior to expiration of the ticket in question. Based on the above that the signage is not clear for automatic / CCTV based enforcement - I acted as a law abiding citizen by purchasing and had returned to my vehicle prior to the ticket expiration. As a result I am now fully aware of the electronic parking enforcement present in this parking facility.
If you choose to pursue me please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter.
Yours faithfully
I shall submit an appeal. I did see they are in the midst of changing.
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