premier park parking charge notice

[cornishkitt]

Hi there, I have a PCN issued by Premier Park from Aug 2020 where the whole period of parking was not paid for at Lamorna Cove, Cornwall. I wrote to Premier Park to explain we purchased a 1 hour ticket on arrival, had a picnic then purchased another 1 hour ticket whilst we had a swim. According to Premier Park the cameras caught us as overstaying 57 minutes. I explained we had no idea we had overstayed(have not disclosed the driver), and sent them a cheque of £5 as I believe the PCN is exorbitant at £60 and is disproportionate to the £1 hourly charge that was stated was underpaid and considering the car park was not full, no loss has been made on this day. This was unaccepted and returned. I have gone through the POPLA appeal channel and this was not successful. I have sent a letter to the owner of the car park, again with a cheque of £5 but have not received a response. Premier Park have now increased the fee to £115.50. Any advice going forwards would be much appreciated.

Many Thank in advance

[ostell]

So let's see the original PCN suitably redacted but leave dates

[cornishkitt]

Many thanks for your reply. I have attached the PCN with date deleted for your information. I look forward to receiving your advice. PCN Lamorna Cove.jpg

[ostell]

All of the PCN and leave dates

[cornishkitt]

PCN Lamorna Cove 2.jpg

[ostell]

So what period of time does your £1 get you?

The signs I can see are £1.20 for 1 hour, £2.40 for 2 hours etc.

But there is also a sign from Searchlight Security and Parking. That mentions Penalty charges and clamping.

I can't see what the payment machine says. That may have a different price.

You can't have a signs from 2 companies at the same time.

There's also a hint that there may be a parking places order on the location and therefore POFA does not apply.

This place

[cornishkitt]

It was £1 for 1 hour

Here are the pics of the signage I took when I returned in November to check them out.

I'm not sure if google is up to date and premier park has been managing it since those google shots were taken. parking pic 1.jpgparking pic 3.jpgparking pic 2.jpg

[ostell]

It's a nice place.

So your car was there for just under 4 hours! No wonder they were upset!

The proper appeal would have been:

Dear Sirs,

I have just received your Notice to Keeper No. 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 as 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

There was also no period of parking.

What did you say to POPLA and what was their response?

Is that original sign still there on the hut?

[cornishkitt]

It is a lovely place and we spent valuable time with family we had not seen since before the lockdown. In this current climate with Covid a little more compassion wouldn't go amiss on these decisions, also local Council Car parks have been free almost throughout this pandemic. I just feel the fee is exorbitant by these scammers (over £100 now for a £1 fee that was not paid, and this was clearly an oversight as we had purchased two tickets). I would rather give the £100 to charity!

Here is all my correspondence since August:

This is the first letter I sent to Premier Park as we did not realise we had overstayed.

Appeals Department
Premier Park Ltd
PO Box 624
Exeter
EX1 9JG

14^th September 2020

Dear Sir/Madam


You issued me with a parking ticket on 12.08.20 which I believe has been unfairly issued. I decline your invitation to name the driver, which is not required of me as the keeper of the vehicle. I will not be paying your demand for payment for the following reason:

The alleged contravention did not occur

On arrival a ticket was purchased. After having our family picnic we decided to stay for a swim so purchased another ticket. You can verify this against tickets purchased from the machine.

I await your reply.

This was their response: premier park letter 1.jpgpremier park letter 1.jpg

And then they sent this: premier park letter 2.jpg

[cornishkitt]

lamorna parking fine 3.docx I wrote back on 21st October:

[cornishkitt]

They responded on 3rd November: premier park letter 3a.jpgpremier park letter 3b.jpg

[cornishkitt]

I then appealed to POPLA and this is their decision: POPLA Decision.docx

I have then received another request for payment dated 18th March, and a final reminder today which is now increased to £115 and the threat of legal action! Premier park letter 4.jpgPremier park letter 5.jpg

I have also sent a letter to the owner of the car park politely asking them to cancel the notice together with a £5 cheque as settlement but have not received a response.

Your time and advice on this is very much appreciated