Premier Park Ltd

[Guest]

Hello! We parked at Kilve Beach, Bridgewater for an hour on Monday 7th Sept from 17:11 to 18:20. There were no visible signs of pay and display nor a ticket machine. Checking on the beack website it says "ensure to stop at the two machines near the entrance to purchase ticket, as they are the only machines and it is a long walk back to them if you are parking as close as you can to the beach.
"No overnight parking"
Tariff Charges apply at all times, except for Monday to Friday from 6pm to 10pm when parking is free."

Parking charge notice is fo £100 with a "discounted" rate of £60.

Looking at tripadvisor there are several comments of visiitors with the same issue.

Shall we just pay or shall we appeal (knowing that it will be rejected....)?

Letter has arrived today 10/09 but got until Monday (literally 1 working day) to pay the discounted rate. No ways to contact them.

Thanks

[ostell]

Take a copy of that web page and ask them, as the keeper, to explain.

post up the redacted PCN

[JoSm1967]

This is the tripadvisor site - look at the comments....

https://www.tripadvisor.co.uk/Attrac...d.html#REVIEWS

[JoSm1967]

Here is the letter. Thanks a lot!!!

[ostell]

All I can think of is :

Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give the invitation to keeper in the format prescribed by section 9 (2) (e) of the Act. 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

You will need to go up again to get photos of the signs rather than relying solely on the web.

There seems to be 2 car parks up there. The first car park has a sign that mentions parking places order, at least I thought that was what it said. It may apply to the second as well. If that is the case then POFA does not apply and no keeper liability. Check with the local council and see what the status of the car park is.

[JoSm1967]

Thanks a lot for this Ostell. Shall I send the above letter as an appeal?

[ostell]

That's what it is intended for.

Still find out the status of the car park

[JoSm1967]

Hi All,

apologies for creating a new thread. I couldn't work out how to respond to this one but I have now.

They have responded this:

Hi all,

following this post: https://legalbeagles.info/forums/for...td?view=stream

I appealed to Premier Parking and they have responded as follows:


Dear Mrs xxxxx,


Re: Parking Charge Notice xxxxxxx


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 now 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 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 12^th October 2020. 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 visit [www.pcnpayments.com]www.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,


Appeals Team.



Could someone kindly provide me with any advice please?

Thanks a lot in advance.

[ostell]

Standard template
You could write back to them and point at that you had already referred to the schedule 4 of the protection of Freedoms Act and informed them of their failure to adhere to the requirements. Then point out that there is no legal requirement to name the driver.

[JoSm1967]

Thanks ostell

[JoSm1967]

Hello! Me again, sorry....

They have responded as follows:

Dear Mrs XXXXX,

Thank you for your appeal, on behalf of the driver, against the above Parking Charge Notice (PCN). We have carefully considered your appeal, however on this occasion the appeal has been rejected for the following reason;


As the Driver remained on site for 1 hour and 8 minutes with no record of a payment to authorise their stay. We note your comments, however we would advise that the signage on site clearly states "Please pay for your stay." and advises that the "Parking period commences 15 minutes after entry."


You have now reached the end of our internal appeals procedure and therefore you now have two options; you can either pay or appeal to POPLA - you cannot do both:


You can pay the total amount due as shown above via the following payment options;

• Call us on: 01302 513232
• Pay online: [www.pcnpayments.com]www.pcnpayments.com
• Send a postal order: Premier Park Ltd, PO Box 624, Exeter, EX1 9JG

Or, you can appeal to an Independent Appeals Service, POPLA (Parking on Private Land Appeals) using the POPLA reference code provided above. Please note, should you decide to appeal to POPLA and your appeal is subsequently rejected or you withdraw your appeal, the option to pay a discounted amount will no longer be available and the full amount of the PCN will become due. Please note, if you pay the PCN prior to appealing to POPLA, your appeal will be withdrawn as you will have accepted liability in full.



If you decide to appeal to POPLA, you will need to visit their website, www.popla.co.uk where further details of how to appeal (either online or by downloading the relevant forms) can be found. If you are unable to access their website, please call us for further information on how to obtain the forms. Please ensure your POPLA Reference Number, as noted above, is quoted on all correspondence to POPLA. You have 28 days from the date of this email to submit an appeal to POPLA. If you appeal to POPLA we will suspend recovery activity on the PCN and the charge will not increase until the appeal has been determined.



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.


If you do not make payment or submit an appeal to POPLA within the relevant timeframe, the outstanding PCN may be passed to our appointed debt collection agency for further action. All costs associated with this process will be added to the amount outstanding.


So... I reckon that's it? Shall I just pay??

Any advice will be greatly appreciated.

[Ryak]

post with further infomation removed.

[ostell]

Ryak Please do not hijack someones active thread, start your own after deleting your post. The edit button is bottom left. It only confuses matters

[ostell]

So next is appeal to POPLA using the POFA fails. Post it up here for critique before you send

[JoSm1967]

I will then appeal to POPLA. My apologies but what is the POFA fails? Sorry not very familiar with the process!