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Premier Parking, Appeals to POPLA
SilverMitsubishi
post Mon, 20 Aug 2018 - 10:42
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Hi Guys

I have received a PCN and I am appealing the ticket.

below are the appeals emails I have written the 1st one is a copy of my online appeal I filled in. Which is the standard letter from this Forum.

Dear Sir,

Formal Dispute - Parking Charge Notice XXXXXXX: Vehicle Registration XXXX XXX

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by Premier Park Ltd (“Premier”) as a Notice to Keeper. I confirm that I am the keeper of this vehicle for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012

(“POFA”) and I write to formally dispute the validity of this PCN.

You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to claim unpaid parking charges from a vehicle’s keeper. However, there are a number of reasons why Premier’s Notice to Keeper did not comply with POFA; in order that you may understand why, I suggest that you carefully study the details of Schedule 4, Paragraph 9 in particular.

Premier has now forfeited its right to claim keeper liability. Therefore please confirm that you shall now cancel this charge or alternatively, should you still believe that you have a valid claim, please provide me with details of the Independent Appeals Service (POPLA), their contact details and a unique POPLA appeal reference so that I may escalate this dispute to POPLA.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.


The one that follows is their reply to my appeal.

Dear Mr XXXXXX

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;

The vehicle overstayed the paid parking period by 23 minutes

You have now reached the end of our internal appeals procedure and therefore you now have two options;

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
Send a postal order: Premier Park Ltd, PO Box 624, Exeter, EX1 9JG

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.

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 letter 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.


My question is where do I go next - I take it I need a letter to POPLA or do I ask Premier to provide images of the Parking signs and their positions.

Any help would be gratefully appreciated

SilverMitsubishi
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post Mon, 20 Aug 2018 - 10:42
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Macapaca
post Wed, 12 Sep 2018 - 15:19
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It looks a bit suspicious that it was signed in June 2016 with a start date if Oct 16 hand written into the document. From experience of dealing with PP(e.g. faked solicitors letter) I don't trust anything they produce!
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SilverMitsubishi
post Wed, 12 Sep 2018 - 15:39
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Can this be and will it carry any weight - dodgy evidence?

Am i right in saying it need to be signed by witnesses?

Can I not use the copy below as i mentioned the PofA 2014 Schedule 4 in my original statement - so not introducing it a new evidence


The land to which you refer (Ropery Car Park) is not ‘relevant land’ as per Schedule 4 of POFA 2012 Paragraph 3 as the land is owned by Ilfracombe Town Council and managed by Premier Park Ltd.

The council are not allowed to employ a private firm to manage their land, look up what happened in relation to Wycombe District Council when they were banned from accessing the DVLA information.

In addition, even if the NTK/PCN was correct (which it isn’t), the only evidence you have provided is a vehicle entering and leaving the land on an ANPR camera, it does not show the vehicle parked at all, it just shows it moving in front of a camera.

I believe that data in relation to the vehicle has been illegally acquired via the DVLA as Schedule 4 of POFA 2012 does not apply.

Cheers

SilverMitsubishi
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cabbyman
post Wed, 12 Sep 2018 - 16:11
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The ownership of land by a statutory authority does not necessarily make it non-relevant land. The existance of a Parking Places Order does that. Unfortunately, it may be too late to save your POPLA appeal but, if a PPO exists making it non-relevant land, that's a sure fire winner, although you may not be able to use that ammunition until court.

Search or contact Ilfracombe Town Council and North Devon District Council to see if you can track down a PPO.


--------------------
Cabbyman 10 PPCs 0
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Macapaca
post Wed, 12 Sep 2018 - 16:29
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I would certainly highlight my suspicions. However you have difficulty proving it. POPLA usually take things at face value.

Not all contracts and documents require witnesses. For example the driver forms a contract with a PPC when he or she parks. They do that without requiring a witness. Although witnesses can be jolly useful when a driver receives a PCN!

For POPLA to accept any points as comments against the operator's evidence it has to be clearly against their specific evidence otherwise it will be ignored.
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SilverMitsubishi
post Thu, 13 Sep 2018 - 11:52
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I Cannot seem to locate a PPO for the car park - the web site seems to be in the process of been rebuilt.

I have come across this letter is this relevant?

The car park is owned by the council but the signs on the entrance say private land - am i right in thinking this is not the case (private land).

So the information PPL received about the RK of the car from the DVLA was got illigally?

DEPARTMENT FOR TRANSPORT

From the Parliamentary Under Secretary Of State Robert Goodwill MP

Great Minster House
33 Horseferry Road
London
SWl P 4DR
Tel: 020 7944 25SG
Fax: 020 7944 4309
E-Mail: robert.goodwill@dft.gsi.gov.uk

16 September 2014

All Parking Managers in England with Civil Parking Enforcement powers

I understand that some of you are intending to withdraw your off-street parking operations from the parking enforcement framework in the Traffic Management Act 2004 (TMA) so that enforcement is carried out through contractual terms and conditions as if the car parks are privately owned. lt is also my understanding that a couple of you may already be operating your car parking operations through contract law - I would hope this is not the case.

Let me assert, that although you may think the land is "unregulated" by virtue of revoking the parking orders made under the Road Traffic Regulation Act 1984 (RTRA), I am of the view that the land remains regulated because under Section 32(1)(a) of the RTRA, a Council retains the status of a Local Authority providing off-street parking places.

Part 6 to the TMA was enacted in 2008 with the aim of improving local authority on-street and off-street parking enforcement arrangements by enabling local authorities to take effective enforcement action, but to protect the motorists when a mistake has been made by a local authority. Any intention to operate outside this statutory regime would clearly go against the will of Parliament, Government policy and the expectations of local electorates.

I should warn you that should you have any plans to submit an application to the DVLA for access to keeper data on the basis of recovering unpaid charges for enforcement through contract law, this will more than likely not be approved because the Council will not be operating as an enforcement authority under the TMA

The Department made a conscious decision to exempt local authorities from the provisions in Schedule 4 to the Protection of Freedom Act which provides for an enforcement regime and appeals system for privately owned car parks. This clearly demonstrates the will of Government to separate local authority off-street parking enforcement arrangements from the parking operations on private land.

As you know, local authorities are expected to comply with the relevant legislation and guidance, and are accountable to their electorates. I would hope that you would reconsider any plans to enforce your off-streets outside the parking framework in the TMA.

Yours sincerely

Robert Goodwill MP
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ostell
post Thu, 13 Sep 2018 - 12:01
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A very relevant letter indeed. If there was a coouncil run car park there before then just changing the operators from the council to a private contractor does not remove the not relevant land designation and therefore no POFA liability.
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cabbyman
post Thu, 13 Sep 2018 - 16:53
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You will need to E mail Ilfracombe and North Devon to ask if a PPO exists. DON'T make it a FOIR at this stage because that gives them time to research it and you need the information quickly.


--------------------
Cabbyman 10 PPCs 0
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SilverMitsubishi
post Fri, 14 Sep 2018 - 14:55
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I have emailed the Council.

I doudt I will get a reply by the time in need to reply to the appeal evidence.

I need some points on what i need to do next with regards the evidence PPL have provided.

Cheers

SilverMitsubishi
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nosferatu1001
post Sun, 16 Sep 2018 - 10:45
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If you're at popla review stage then you cannot provide new evidence anyway
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SilverMitsubishi
post Tue, 18 Sep 2018 - 13:07
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POPLA APPEAL - REPLY TO EVIDENCE

1) No keeper liability

The land to which you refer (Ropery Car Park) is not ‘relevant land’ as per Schedule 4 of POFA 2012 Paragraph 3 as the land is owned by Ilfracombe Town Council and managed by Premier Park Ltd. Under Section 32(1)(a) of the RTRA, a Council retains the status of a Local Authority providing off-street parking places.

The council are not allowed to employ a private firm to manage their land, look up what happened in relation to Wycombe District Council when they were banned from accessing the DVLA information.

I believe that data in relation to the vehicle has been illegally acquired via the DVLA as Schedule 4 of POFA 2012 does not apply.

5) Lack of signage - unclear signage...etc

The signage is not visible when a car is parked. the photographic evidence provided by PPL show a large car, van motorhome or MPV (no Height restriction at entrance) can easily block the signs. So you cannot actually read the signs til you find a place to park then walk round the car park to find and read the signs - all within the 5 min the PPL allow?

The photographic evidence also shows that the signs on the back wall are in between other sign making it hard to see the signs.

The Protection of freedom signs in the evidence are not clear and show them at a very low angle making them difficult to read.

Any pointers to what i have written - re my POPLA Appeal?

needs to sent today.
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nosferatu1001
post Tue, 18 Sep 2018 - 13:16
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You need to explain that the land is not relevant land. Succinctly. You have gotten half way there, but not completely. "The council are not allowed..." onwards - delete. UTTERLY irrelevant to POPLA, who do not consider anything to do with legality. Also POFA doenst HAVE to apply in order to gain access to the RK database.

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SilverMitsubishi
post Tue, 18 Sep 2018 - 15:27
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Is the Subject Access Request - relevant

I am unsure on how to proceed with this. i Thought the letter shows they do not have the right to use ANPR

POPLA APPEAL - REPLY TO EVIDENCE

1) No keeper liability

The land to which you refer (Ropery Car Park) is not ‘relevant land’ as per Schedule 4 of POFA 2012 Paragraph 3 as the land is owned by Ilfracombe Town Council and managed by Premier Park Ltd. Under Section 32(1)(a) of the RTRA, a Council retains the status of a Local Authority providing off-street parking places.

I believe that data in relation to the vehicle has been illegally acquired via the DVLA as Schedule 4 of POFA 2012 does not apply.

5) Lack of signage - unclear signage...etc

The signage is not visible when a car is parked. the photographic evidence provided by PPL show a large car, van motorhome or MPV (no Height restriction at entrance) can easily block the signs. So you cannot actually read the signs til you find a place to park then walk round the car park to find and read the signs - all within the 5 min the PPL allow?

The photographic evidence also shows that the signs on the back wall are in between other sign making it hard to see the signs.

The Protection of freedom signs in the evidence are not clear or legible and shows them at a very low angle making them difficult to read.

Premier Park have not stated on their signage a Privacy Notice explaining the keeper’s right to a Subject Access Request (SAR). In fact, Premier Park have not stated a Privacy Notice or any wording even suggesting the keepers right to a SAR on any paperwork, NtK, or any communication despite there being a Data Protection heading on the back of the NtK. This is amendatory
requirement of the ICO’s CCTV Code of Practice (5.3 and 7.6) which in turn is mandatory within the 13 BPA’s Code of Practice and a serious omission by any data processor using ANPR, such that it makes the use of this registered keeper’s data unlawful.

As such, given the omissions and breaches of the ICO’s CCTV Code of Practice, and in turn the BPA’s Code of Practice that requires full ICO compliance as a matter of law.

Any pointers to what i have written - re my POPLA Appeal?
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ostell
post Tue, 18 Sep 2018 - 16:05
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Add in a mention of the POFA paragraph 3 definition of what is excluded from relevant land for POFA.

It is not illegal to obtain DVLA data even though POFA does not apply.
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nosferatu1001
post Wed, 19 Sep 2018 - 08:39
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They can use ANPR. THey can use ANPR. It is the *council* who are barred, but POPLA will not care that this also means their *agents* would be barred. They do not considere whether any amount is legally owed - at all. ALL they care about is whether it was issued correctly.
Yes, this is wrong.
Yes, we all nkow this is wrong.
But it wont matter to POPLA.
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Redivi
post Wed, 19 Sep 2018 - 11:03
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Who signed the witness statement on behalf of the land-owner ?

Premier has a lot of form for fake signatures

I'm dealing with a claim at the moment from a sister company following a refusal to pay after an unsuccessful POPLA appeal
(Mind-blowing incompetence from the assessor who decided that a valid Notice to Keeper was served although the operator's own evidence stated that it wasn't)

The signature in this case is not only that of an employee but the neat grey rectangle around it shows that it's clearly a scan
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