Premier Park "Parking Charge Notice" -WON

[Fergal]

Hi all

Here is my situation. I'm currently living in a privately owned block of flats which has a communal car park for residents use. Not all the flats have a car parking space associated with them, but mine does. However, it's a bit of a grey area over which space is mine as the deeds mention a parking space, but not which one. Nobody seems to know which space I should actually be using. The one I do use normally is just the one that has always been used by previous tenants. I assume this is the same for all the other spaces.

On 10/9/14 I was issued a ticket by Premier Park as I had parked in a different space from the one I normally use as someone else had already taken it. I have done this many times before without any problems as I have a parking permit displayed in my car which was issued by the building management, so I am entitled to park there. However, on the above date I must have picked a spot which somebody reckons that they "own" and reported me.

As who "owns" each parking space seems to be a grey area, I would have thought that anybody displaying a valid parking permit should be able to park in any available spot. Therefore I'm inclined to ignore the ticket. Is this the right thing to do?

Many thanks in advance,

Fergal

[mystery1]

Re: Premier Park "Parking Charge Notice"

No. Appeal the ticket and if that's rejected go to popla.

Dear Sirs,

I,as registered keeper wish to invoke your appeals procedure. The driver had a permit displayed at all times and building management do not own or indeed have occupation rights to enable a contract between yourselves and them. In any event your charges are penal and not a genuine pre estimate of loss.

I am under no statutory obligation to name the driver and will not do so.

Should you reject my appeal please supply a popla code.

Yours etc


A popla appeal such as http://www.legalbeagles.info/forums/...-Appeal-Letter editted to suit will suffice.

M1

[Fergal]

Re: Premier Park "Parking Charge Notice"

M1

Thanks for your reply.

Since my previous post, I've spoken to the building manager and apparently there is a list of allocated parking spaces for the flats, so I was parked in somebody else's space as mine was occupied. I've examined the car that is usually in the space I parked in and it does not have a permit on display. In fact hardly any of the cars have permits. I'm one of the few.

I've also examined the notices that are posted around the car park. It seems that there are (or were) two companies contracted to issue speculative invoices: CPS Enforcement and Premier Park. I don't know if CPS Enforcement are still active even though their signs are still prominently displayed with different penalty charges to those mentioned on my "ticket".

An excerpt from the Premier Park sign (with spelling and grammatical errors verbatim):

"NO PARKING IN THE COMMON AREAS OF THE SITE BOTH INSIDE AND OUTSIDE OF THE GATES, WITHOUT A VALID PARKING PERMIT PROPERLY DISPLAYED.

PARKING IN AN ALLOTTED SPACE IS RESTRICTED TOTHE OWNER, TENANT OR PERSON AUTHORISED TO PARK,BY THEM DRIVERS SHOULD PARK ENTIRELY WITHIN THEIR ALLOTTED PARKING SPACE"

Could the fact that there is confusing and conflicting signage from multiple parking companies and the "owner" of the space I parked in does not have a permit on display, be beneficial in my appeal even though I did unknowingly park in his/her allotted space?

Thanks

Fergal

[mystery1]

Re: Premier Park "Parking Charge Notice"

You can change the bit of the letter "The driver had a permit displayed at all times and building management do not own or indeed have occupation rights to enable a contract between yourselves and them." to suit.

No need to get overly fancy. You'll win at popla if you follow the popla appeal i refered to above :okay:

M1

[Fergal]

Re: Premier Park "Parking Charge Notice"

M1

Thanks for your previous advice.

I wrote to Premier Park invoking their appeals procedure but they seem to have ignored this as I received no response about it, and I have now received a First Reminder notice demanding £100 within 28 days.

I suppose I'll appeal again, this time I'll send it by registered post so they can't deny receiving it.

Thanks

Fergal

[mystery1]

Re: Premier Park "Parking Charge Notice"

M1

Thanks for your previous advice.

I wrote to Premier Park invoking their appeals procedure but they seem to have ignored this as I received no response about it, and I have now received a First Reminder notice demanding £100 within 28 days.

I suppose I'll appeal again, this time I'll send it by registered post so they can't deny receiving it.

Thanks

Fergal

Was you appeal acknowledged at all ?

M1

[Fergal]

Re: Premier Park "Parking Charge Notice"

Was you appeal acknowledged at all ?

M1

No, not at all.

[mystery1]

Re: Premier Park "Parking Charge Notice"

How did you send it and do you have a receipt or email ?

M1

[Fergal]

Re: Premier Park "Parking Charge Notice"

Result! I had the result of my POPLA appeal back the other day and I won! A snippet from my appeal results notice:

"The Operator has indicated that they will not be submitting any evidence in relation to the parking charge notice.
The Operator has not produced a copy of the parking charge notice, nor any evidence to show a breach of the conditions of parking occurred, nor any evidence that shows what the conditions of parking, in fact, were.

Accordingly I have no option but to allow the appeal."

Premier Park didn't bother to submit any evidence against me, so I win by default. I suspect this happens in the vast majority of cases, so it's definitely worth apealling.

Thanks M1 for your help on this matter.