Premier Park Ltd, PCN Options

[w90210]

Hi, I received in the post a PCN from Premier Park. The letter is in my company name, the letter says the driver became liable for the charge. It's for a 21m overstay, whole period of parking not paid for. Does anyone no if it's worth appealing this. I've done some research with BPA code of practice and generally on forums etc and have discovered there is a grace period to leave the car park but not sure if there is one to get a ticket. Any specific advice welcome, thanks.

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[ostell]

You really haven't been reading the forums and finding out about company cars.

Does the car belong to the company or is it leased?

Why not post up the PCN, front and back, suitably redacted so that people can look at it. Leave the dates.

Rather than looking at the BPA CoP have you looked at POFA, which is the law Of particular interest is section 9 if it is the compnay car or section 14 if it is leased.

[Jlc]

So it's a 21 minute overstay where a period of parking had been paid for? The BPA guidance is a minimum of 10 minutes grace.

[w90210]

Hi, thanks for the replies. I attached the PNC. Car is leased but company is the registered keeper on V5C.[attachment=58866:pnc1.pdf]

[nosferatu1001]

POFA Scheudl 4 para 14
I bet they havent provided a copy of th elease agreement? yes or no.

[w90210]

No they haven't sent lease agreement

[nosferatu1001]

So, that tells you....?

Have you had a read through of para 14, or any threads onthis?

[Jlc]

...no keeper liability

........easy win at POPLA

[SchoolRunMum]

Does anyone no if it's worth appealing this.

Yes of course.

Hirer/lessee appeals can't lose at POPLA (due to them not sending you what the law says they must) as long as you point out the lack of compliance with para 13/14 of the POFA when it gets that far, and DO NOT imply who was driving in the appeals.

There is a perfectly usable Hirer/lessee first appeal (written by Edna Basher, who posts here as Dennis Basher) near the end of the first post of the MSE NEWBIES FAQS thread here:

https://forums.moneysavingexpert.com/showth...d.php?t=4816822

...in the section about how to appeal a hire/company leased car PCN. Don't copy it here please, it's clear which one is the hirer/lessee appeal written by Edna Basher.

[w90210]

HI, many thanks for the replies. So in a nutshell appeal to Premier using suggested template on the basis that they haven't complied with para 13/14 of the POFA. Nice.

[ostell]

Here's a simple one, send from the company

Sirs

Ref PCN xxxxx VRM yyyyyy

We are the hirer/keeper of the above vehicle and are in receipt of the PCN you issued. We 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 us, the hirer keeper..

There is no legal requirement to identify the driver at the time and we will not be doing so. We cannot, as a body corporate, be the driver.

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

Yours etc.

[w90210]

Thanks, I'll do just that, but I'll wait till day 28 and send online.

[nosferatu1001]

Day 26. Day 28 they may overlook it.

[w90210]

Hi, just received the attached from Premier Park in reply to my appeal made using the template above suggested by ostell. Should this be ignored?

[w90210]

here we go...

Dear ***********,

Re: Parking Charge Notice ***********

We write to acknowledge receipt of your recent online appeal, on behalf of the driver, appealing against the issuing of a Parking Charge Notice (PCN) to the vehicle.

We note your comments and must refer you to the Protection of Freedoms Act (PoFA) 2012, Schedule 4 - Recovery of unpaid Parking Charges. This is available to view online at:
http://www.legislation.gov.uk/ukpga/2012/9/schedule/4

We must therefore request that the details of the driver of the vehicle at the time of the contravention are supplied; this must include their full name and serviceable UK postal address. If you are unwilling or unable to provide these details the registered keeper of this vehicle will remain liable for this PCN. This information should be provided by 15th November 2018. Please note, Premier Park Limited will not reply to any correspondence until after the above date, if the requested information is not provided.

If we do not receive this information by the date given, the registered keeper of the vehicle at the date of event will be held liable.

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

Please respond by return or by filling in the Transfer of Liability form on the reverse of the PCN and posting it to Premier Park, PO Box 624, Exeter, EX1 9JG.


Yours Sincerely,

The Appeals Team
Premier Park Ltd



This post has been edited by w90210: Mon, 12 Nov 2018 - 18:16

[cabbyman]

Dear, oh dear! They do try it on!

Given your previous reading and, therefore, your new knowledge of PoFA, what do you think your company's response should be?

Post your draft here.

[w90210]

Well if I'm feeling charitable I guess a short, get stuffed. Do you have a more nuanced suggestion?

[cabbyman]

I trust that is not your draft!

[w90210]

No, I was hoping this could be ignored as they haven't addressed the main point in the appeal, that they failed to send a copy of the lease agreement when sending the PNC.

[nosferatu1001]

You could respond back, asking them how they intend to hold a lesser liable when they are completely aware they have not complied with ...

You require a full explanation of why they require a UK address, when this is not a requirement of POFA. Is this a deliberate attempt to mislead or just plain incompetence?