Premier Park PCN notice not received, only debt letter from PPLegal

[Summer1234]

Received a letter recently from PPLegal claiming non payment of PCN from Premier Park, with parking charge notice of £170. Total news to me as had not received any previous correspondence. Perhaps should just have ignored it, but rang them asking what it was all about, they emailed me the 3 letters Premier Park had supposed sent me as the registered keeper of the vehicle. Yes, was my car, which was parked in a very busy car park holiday over the May bank holiday, and the driver drove around for ages before getting a space. The notice said 32 mins over the stay. Emailed back challenging the charge, stating car park was very busy, the driver did not park for over the paid period, also did not receive any previous letters. Got nowhere as you can imagine, told me I was too late to appeal, if I don't pay up they will take me to court. To be honest just want this to go away, but loath to pay £170 for a PCN which would have been £60 if I had actually received the previous correspondence. Have not named the driver, but obviously have confirmed my car in the car park, which it obviously is from the photos.
Any advice would be welcome. Thanks

[ostell]

Have you moved house recently and forgotten to update the V5 details?

Did the letters they sent have the correct address? Could the first one have been delivered within 14? Did it comply with POFA?

SAR to premier requesting all the documents they hold concerning you.

If you did not receive the letter within 14 days then they can not hold the keeper liable

[Summer1234]

Thanks for the reply. The address was correct on the copies that PPLegal sent me of the original letters, I just for some reason didn't receive them. And yes, if the original letter was sent out on the date it has on it, if it had reached me, it would have been within the 14 day period.
As to whether the original PCN is POFA compliant, not totally sure, but having found out what I think that means from elsewhere I would say yes to most things but not sure about the couple here:
- State whether a notice to the driver was given either to the driver or placed on the vehicle and if so to repeat the information in that notice about paying the parking charge and when
This was an ANPR car park and I am now aware of anything being placed on the car, and it just says in the PCN letter 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.

- Specify the outstanding amount of the parking charge and of the maximum additional costs they may seek to recover, and of the dispute resolution arrangements
Does give the dispute resolution but does not say the maximum additional costs, or perhaps should say that it said:
A discounted charge of £60 applies if this Parking Charge Notice is paid within 14 days of issue. If you choose to not pay at this amount, the full value of £100 will be due. You are advised that if, after the period of 28 days beginning with the day after that on which the notice is given, the amount of the parking charge has not been paid in full and we do not know both the name and current address of the driver, we have the right to recover any unpaid part of the parking charge from you.

Which then escalates in the final demand to:
This PCN was issued on 4th June 2019 and a prompt payment discounted amount of £60.00 was available if paid within 14 days of issue. A Reminder Notice was sent to you on 3rd July 2019 and the full PCN value of £100.00 became payable however to date, full payment has not been received. As previously advised, the fee of £15.00 has now been applied and the balance of £115.00 is now outstanding. To avoid the possibility of legal action we now request that the outstanding amount is paid in full within 14 days of the date of this letter using one of the payment methods described overleaf. If full payment is not received within the specified timeframe, your case will be passed to our Debt Recovery Agent which may escalate to court proceedings and will incur further costs being added to the total amount owed.

Nowhere does it say what the maximum additional costs they may seek and the PPLegal letter now has £170, so it just keeps going up with every letter they send me.

[ostell]

So post up the alleged first notice, suitably redacted but leave dates.

[Summer1234]

Thanks, here it is

[ostell]

You didn't receive the first notice in time but even then they have failed

Dear Sirs,

I have sight of your Notice to Keeper xxxxx for vehicle VRM xxxx that you allegedly sent on xxxxx but was not received by me within the relevant period of 14 days and thus have failed to meet the requirements to hold me liable

Additionally you have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely failing to give the invitation to keeper in the format prescribed by section 9 (2) (e) of the Act.

There is also no required period of parking stated, photographs showing the car moving in front of a camera cannot, by definition, be parking.

There is also no creditor given, as required by 9 (2) (h).

You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

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

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours etc

[Summer1234]

Aha, thank you, will give this a go!