• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Premier Parking Charge For Incorrect Registration = won

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Premier Parking Charge For Incorrect Registration = won

    Hi,

    I have appealed to Premier Parking regarding a ANPR based car parking charge received. I thought i had done well finding the original parking ticket, scanning it and sending to their appeal service. It seems not, as they have rejected my evidence and appeal based on the fact i had entered only the last 3 digits of my registration. I cannot honestly remember if this was what was instructed or not, my wife seems to think just the last 3 digits were requested.

    So, now i am directed to POPLA, and have discovered your site in my searches for advice before proceeding. At the time, the car park had 3 cars in, including ours, as its not a popular time to be wondering around coastal areas when its cold and wet and late. Its obvious we paid, based on the letter and ANPR photos, times, and times on our parking ticket.

    How should I respond to this?

    I have attached a copy of both sides of the original car parking ticket, and

    Thanks in advance.

    I have
    Attached Files
    Tags: None

  • #2
    Re: Premier Parking Charge For Incorrect Registration

    What was your appeal ?

    M1

    Comment


    • #3
      Re: Premier Parking Charge For Incorrect Registration

      Originally posted by mystery1 View Post
      What was your appeal ?

      M1
      Hi Mystery1, thanks for your reply.

      I've pasted below my original appeal. I also followed up with a 2nd email providing a copy of the parking receipt once found, I can't see this in their email chain reply to me.

      Having read a number of your articles, perhaps this wasnt the best response. I havent yet contacted POPLA.

      ----

      Hi,

      I have incorrectly received this parking notice. When we arrived at this car park, I remember it well as we specifically remarked on the fact it was fairly empty. We entered our registration into the machine and paid £2 for a ticket. We knew this was far more than we needed, but paid it anyway as we felt we were supporting the local environment.

      I have no idea why we have received this, obviously for us to find a ticket at this stage is unlikely, we have looked, but seems we have cleared out the car.

      I have however attached an electronic copy of a receipt for the next car park, only 15 minutes later, which demonstrates that we pay for our parking.

      I hope you can now see that we have a track record of paying, and for the sake of £2, and with a camera on entry and exit why we wouldnt. I can only assume there's an issue with the way this was recorded by the parking meter.

      Many thanks
      Steve

      ------

      Their response below:

      -------


      Dear Mr Smith,

      Re: Parking Charge Notice

      We write to acknowledge receipt of your recent online appeal against the issuing of a Parking Charge Notice (PCN) to your vehicle for a breach of the advertised terms and conditions.

      We have considered your comments, and after examining all the evidence relating to the issuing of this PCN, we are satisfied that on this occasion the charge was issued correctly and must advise that your appeal has been denied.

      Please ensure the Vehicle Registration Number is entered fully and correctly each time.

      You have now reached the end of our internal appeals procedure.

      If you would like to view our photographic evidence, please visit www.pcnpayments.com

      You now have three options;

      1. Pay the Parking Charge Notice at the 14 day reduced amount of £50.00 by 3rd November 2016. Please note that after this time the PCN will revert to the original £85.00 charge. Payment can be made online at www.pcnpayments.com or you may send a cheque made payable to Premier Park Ltd.

      2. Make an appeal to POPLA - The Independent Appeals Service, by completing the form which can be found at www.popla.co.uk or write to POPLA - PO BOX 1270, Warrington – WA4 9RL. You will require this unique POPLA verification code 6662946972. If you wish to appeal to POPLA, you will lose the right to pay the charge at the discounted rate of £50.00 and should POPLA’s decision not be found in your favour, you will be required to pay the full amount of £85.00. Your appeal to POPLA must be submitted within 28 days from the date of this email. For more information regarding making an appeal to POPLA, please visit www.popla.co.uk
      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.

      3. If you choose to take no action, we will seek to recover the monies owed to us via our Debt Recovery Service and this may result in proceeding with legal action against you or the Registered Keeper of the vehicle. Please note we will seek to recover all unpaid charges through the use of the Protection of Freedoms Act (PoFA) 2012, Schedule 4 – Collection of Unpaid Parking Charges.

      Yours Sincerely,



      The Appeals Team
      Premier Park Ltd

      Comment


      • #4
        Re: Premier Parking Charge For Incorrect Registration

        Hi M1,

        Did you have any further thoughts on how i should handle this, or are you waiting for more info from me? I need to either enter the POPLA process or pay the reduced amount in the next couple of days.

        I appreciate your support so far, thanks.

        Comment


        • #5
          Re: Premier Parking Charge For Incorrect Registration

          I'll get it done soon but i have some that are due sooner or have been waiting longer to take care of first. :okay:

          M1

          Comment


          • #6
            Re: Premier Parking Charge For Incorrect Registration

            Ah no problem at all, speak soon.

            Cheers

            Comment


            • #7
              Re: Premier Parking Charge For Incorrect Registration

              smiffyhomepopla.rtf

              Edit to suit. Upload as per http://parking-prankster.blogspot.co...a-process.html

              Also upload the ticket and http://nebula.wsimg.com/bfcdd95c68b8...&alloworigin=1 (download as a pdf and then send)

              M1

              Comment


              • #8
                Re: Premier Parking Charge For Incorrect Registration

                Thanks M1, really appreciate it. Just so i don't miss anything, which areas do i need to edit in the attached rtf? Sorry if i'm being a bit stupid, just want to make sure i get it right.

                Many thanks
                Steve

                Comment


                • #9
                  Re: Premier Parking Charge For Incorrect Registration

                  Probably nothing. I put it in instead of saying, use at your own risk, if it goes tits up it ain't my fault. Plus some people don't give all the pertinent info so might need to adjust slightly.

                  M1

                  Comment


                  • #10
                    Re: Premier Parking Charge For Incorrect Registration

                    Ah makes sense. Great thanks i'll get this done now.

                    Cheers

                    Comment


                    • #11
                      Re: Premier Parking Charge For Incorrect Registration

                      Hi M1,

                      I've received an evidence document from Premier Park, which is attached. Is there anything I should consider in response?

                      Many thanks
                      Steve
                      Attached Files

                      Comment


                      • #12
                        Re: Premier Parking Charge For Incorrect Registration

                        When you appealed to Premier Park, did you tick a box to say you were driver or has their system done that for you ? Their evidence suggest you ticked a box ?

                        "Appeal submission received 13th October from the driver"

                        M1

                        Comment


                        • #13
                          Re: Premier Parking Charge For Incorrect Registration

                          Hi M1,

                          I did respond to you but doesnt seem to have worked. I cant 100% remember but feel i did do that, will that cause me any issues? and is there anything I should respond with?

                          Thanks
                          Steve

                          Comment


                          • #14
                            Re: Premier Parking Charge For Incorrect Registration

                            will that cause me any issues?
                            It doesn't help unless of course it's not actually the case. Takes keeper liability out of the equation.

                            and is there anything I should respond with?

                            Courtesy of http://www.parking-prankster.com/case-law.html excelvmrs.pdf give to popla.




                            I would like to respond to the operators evidence as follows :-

                            The operator states that " The receipt clearly shows that RGU was entered as the vehicle registration and not the full and correct registration as per the terms and conditions.
                            The Appellant validated the incorrect registration and therefore, the payment process
                            was not followed correctly.
                            Although a payment was made, no payment was made for the vehicle parked at this
                            site."

                            This is incorrect. The correct registration was input. The mere fact that the operators machine has altered this is not the appellants fault. DJ Burrow in EXCEL PARKING SERVICES LIMITED v Mr S Claim No. C8DP11F9 stated in such a scenario

                            "It is for the claimant, of course, to satisfy the court on the balance of probabilities that
                            this amount is due from this defendant and as far as I am concerned I am not satisfied
                            in this case that it is appropriate for the court to enter a judgment against this defendant
                            and to find in favour of the claimant. I accept entirely the evidence of Mrs [Redacted –
                            the defendant] to the court. She came across to me as an honest and credible witness
                            and what she confirmed is that she entered the car park and she entered her registration
                            number. It seems to me that in all probability had she entered the registration number
                            “QQ” the machine would simply have not recognised that. Whether that is the case or
                            not, I am satisfied that she entered the correct registration number and I accept her
                            evidence on that.

                            I am satisfied that the ticket then produced is the ticket that she has produced to the
                            court. It was through no fault of hers that this ticket displayed the letters “QQ” instead
                            of her registration number. She obtained a ticket. She made the payment to obtain
                            that. She displayed that ticket. It shows the relevant time of entry. It shows the
                            amount that she has paid and it shows the registration number that the ticket machine
                            produced. It would have been unreasonable to expect the defendant to do anything
                            further beyond that as far as I am concerned. The registration number is not accurately
                            reflected but that is through no fault on the part of the defendant and I find on the
                            balance of probabilities that the defendant had inputted the correct registration number
                            and she had then displayed the ticket that was issued and so to all intents and purposes
                            had fully complied with the terms and conditions applicable to this car park.
                            Accordingly, I am going to dismiss the claim."

                            Having complied with the inputting of the correct number no contravention has taken place. The receipt only shows the information the machine wrote and there is no evidence that the appellant did not do as requested.



                            The contract submitted in evidence does not meet the criteria on the BPA code para 7.


                            M1

                            Comment


                            • #15
                              Re: Premier Parking Charge For Incorrect Registration

                              Hi M1,

                              I have very good news, I have been successful in appealing the parking fine, a huge thank you for all your help, i definitely wouldn't have been successful with all you have done.

                              If you need anything back from me to assist future cases, please do let me know.

                              It feels rather good to have won this, I was particularly annoyed at receiving a ticket when I had genuinely paid and entered my registration! I was totally convinced when I sent this through as evidence along with finding the parking ticket it was job done, money grabbing sods.

                              Cheers
                              Steve

                              Comment

                              View our Terms and Conditions

                              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                              Working...
                              X