Parking charge notice from premier park

[Guest]

Hi

Just received parking charge notice from Premier from 25/10 in Lamorna Cove. Doesn’t look like they are acting on behalf of local authority. Paid for 4 hours parking went for a walk - took slightly longer than expected 33 mins over the allowed time.

£100 fine or £60 inside 14 days - is the current advice still to ignore.

[ostell]

No the advice is not to ignore, hasn't been for 8 years.

Post up the PCN, suitably redacted but leave dates. Was there a windscreen ticket.

It's not a fine, it's an invoice.

[harryh68]

[harryh68]

Not a windscreen ticket (well only the one I purchased) received this in the post 26/11.

[ostell]

Edit so that the identity of the driver cannot be identified

So this is a hire car. Was there any other documentation with the notice?

[harryh68]

No other documentation sent with the notice.

[ostell]

OK so send this

Sirs

Ref PCN xxxxx VRM yyyyyy

I am the hirer/keeper of the above vehicle and am in receipt of the PCN you issued. I have no liability on this matter as you have failed to meet the requirements of Schedule 4 of The Protection of Freedoms Act 2012 namely, but not limited to, failing to supply the additional documents mandated by section 14 (2) (a) of the Act. You cannot therefore transfer liability from the driver at the time to me, the hirer keeper..

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

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc.


Send first class post with a free certificate of posting form a post office. Send so that it arrives on day 19 after the date on the letter. This is so they cannot resend within the relevant period of 21 days

[harryh68]

Further to the letter I sent I have now received this - do you have any advice for my next step?

[ostell]

Remind them that you are fully aware of POFA and its requirements and to be able to hold you, the hirer, liable, they have to comply with the legislation which they have not done. If they carefully read the Act they will find that there is no requirement to identify the driver.

Ask them to provide a POPLA code, as they are required to do do under the BPA Code of Practise, so that you can get your appeal upheld at their cost. You will also be complaining to the BPA and the DVLA about their attempt to mislead you about your liability under POFA

[harryh68]

Hi

thanks for the last advice, I have now received the attached. I assume that I now lodge my appeal at POPLA within 28 days? 47FE99E2-776C-4BD7-AFC7-3F6067D02DD0.jpeg

[ostell]

So you now appeal to POPLA using all the POFA fails in their letter. Plus you question there right to operate. Demand a copy of the contract.

Search for other POPLA appeals. Post on here for critique before sending

[harryh68]

Ref PCN 7287545
VRN NJ67ZHA
POPLA CODE 6663650788
Dear Sirs,
I wish to appeal the above PCN as they have failed to meet the requirements of Schedule 4 of The protection of Freedoms Act 2012, namely:

• failing to supply the additional documents mandated by section 14 (2) (a) of the Act. Premier Park have not supplied details of who was driving the car at the time of the alleged offence.
• A Notice to Keeper has not been issued. As there has been no admission regarding who was driving the vehicle and no evidence of this has been provided, the Private Parking Operator has failed to comply with the keeper liability requirements of Schedule 4 of the Protection of Freedoms Act 2012.
• Neither the parking company or their client have proved that they have planning consent to charge motorists for any alleged contravention.
• In the notices they have sent me, Premier Park have not shown any evidence that they have any proprietary interest in the car park in question. Also, they have not provided me with any evidence that they are lawfully entitled to demand money from either driver or keeper. Premier Park’s contract with the Land owner needs to state that Premier Park are entitled to pursue matters such as the issue of Parking Charge Notices and enforce them through the courts in the land owner’s own name.

Yours Sincerely,

[ostell]

The have issued a notice to keeper, except it is named Notuce to,Hirer

Planning consent is irrelevant at POPLA

You ask that they provide the contract to show their right to operate. A witness statement is insufficient

How many other POFA fails? Spell them out

[harryh68]

Thanks for the reply.

I am no expert in POFA fails - without you mentioning it I wouldn’t have known that they had failed to cover aspects covered by the Act. Any other advice welcomed.

Regards

[ostell]

14 (5) (b) is not there but then they haven't included the NTK

Here's POFA: Protection of Freedoms Act 2012 (legislation.gov.uk)

Go through para 14 and see what is not there or not in the correct format.