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Claim Form Received, Premier Park, Defend? Or Pay?
Adam_H
post Sun, 9 Feb 2020 - 16:05
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I recieved a PCN Premier Park 7/18 relating to a 'whole period of parking not paid for'.

The time claimed is just over 20 mins. I am the registered keeper, no driver details have been disclosed.

I made no appeal and have generally ignored their correspondence to me and made no contact.

I have recieved a claim form from the County Court Business Centre, with a total of £246.76 being claimed.

In their original PCN, the suggestion was £60 at a discounted rate or £100 after 14 days.

The claim costs are broken down as:

£171.76 Amount Claimed ( £100.00 PCN, £11.76 interest, £60.00 contractual costs pursuant to PCN terms and conditions)
£25.00 Court Fee
£50.00 Legal Representatives Costs
£246.76 Total Amount

I have an entrance and exit snapshot on the PCN capturing the registration.

I understand I need to acknowledge service and begin preparation of a defence.

The grounds appear quite weak to me from a legal perspective and I would really appreciate any help anyone could offer.

The car was at the time being used by a carer taking my mother out. She has suffered from paranoid schizophrenia for several decades. On this occasion as many before and since, she became agitated whilst in the car and the carer had to calm her down, generally we try to take her out accompanied by two people, but inevitably we get stuck. The car clearly entered a ANPR managed car park, the carer wanted to get off a main street and attend to my mother.

The car was not parked specifically and left at anytime, no one would have been in a position to leave a vulnerable person unaccompanied for any length of time.

I have detailed medical history and since the recent law changes regarding mental health disabilities we have also been granted a blue badge to support her better.

I'm not sure if I should try to find the money and just pay it.



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post Sun, 9 Feb 2020 - 16:05
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Dave65
post Sun, 9 Feb 2020 - 20:04
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£60 contractual costs as per PPN t&c.
What does it say.

What does the signage say?
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The Rookie
post Mon, 10 Feb 2020 - 05:10
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EXACT particulars of claim please.


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nosferatu1001
post Mon, 10 Feb 2020 - 12:23
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1) Date of issue required
2) ONLINE Acknowledgement *after 5 days* from Date of issue
3) Pictures of signs needed. ABsolutely critical
4) Ignoring was terrible as an idea

I would suggest that the no contract entered into arguemnt is used. Also check if Premier Park met POFA compliance. I *think* they do, but I hop e you havent thrown this all away?
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Adam_H
post Mon, 10 Feb 2020 - 17:48
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Many thanks for the replies,

1) Date of issue
05/02/2020

2) ONLINE Acknowledgement *after 5 days* from Date of issue
plan to acknowledge 11/02/2020

3) Pictures of signs needed. ABsolutely critical

I will attach, however these are recent images and the signs look quite fresh and new.

4) Ignoring was terrible as an idea

I agree, it was a rather simpleton approach on my part.


Particulars of claim now attached with original letter from them, showing stills of a non parked vehicle entering and leaving.

Another quirk was that PP Legal demanded £170.00 19/03/2019 and the BW Legal demanded £160.00 many months later 04/10/2019, one would assume they would only ramp up charges??

I have also attached image of entrance which is an underpass under a block of offices/flats, the notice is quite discreet to the right and the camera is immediately in front.

The area is one way, where you enter and cannot reverse out, with the notice on the wall it's not prominent as you are looking for pedestrians and navigating a blind bend.

This post has been edited by Adam_H: Mon, 10 Feb 2020 - 19:20
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nosferatu1001
post Tue, 11 Feb 2020 - 09:02
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1) So once you acknowledge you have 33 days from this date to get your defence EMAILED to the court. No paper!
You will not get any reminder of this deadlijne. None. You must diarise this

2) Dont forget today!

3) So those arent the signs in place at the time? Use google streetview and go back in time to see if you can spot a change.

Brilliant picture there - the sign that says terms and restrictions apply is WAY out of line of sight of anyone driving in, and is SO much less prominent than the generic "Parking" sign below it.
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Adam_H
post Sat, 17 Oct 2020 - 20:40
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BW Legal have progressed and filed a Witness Statement.

There are a few areas that I wanted advice on in respect of preparing my own Witness Statement

Firstly having visited the site last week, the signs they claim were in place in some areas are not there and there is no evidence to suggest they were at the time.

Claimant Witness Statement reads...Signage - I am instructed these were in situ on day of the contravention .. A plan is then attached which does not correlate with the signs installed. I attach a picture showing one sign in the middle of quite a large area, which according to the plan has three signs installed.

Secondly the signs at the entrance to the carpark are generally from one vantage point as per my earlier picture, however my vehicle entered from an adjacent carpark and did not benefit from the alleged prominent nature of some of the signs. I would also point out that entrance is through a building! and the area can be blinding by the sun and I attach a picture of this too.

Finally I have also noted a sign that has vegetation growing around it and obscuring it, I assume this would have been the same many years ago (07/18)! in the height of summer this may have been worse??. The vegetation appears well established.

I intend to use the pictures as part of my Witness Statement would anyone be able to help me articulate with any codes etc that have been breached as Premier Park are presented as abiding by a trade associations code of practice (BPA).


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The Slithy Tove
post Sun, 18 Oct 2020 - 11:38
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Long gap between February and now. What's happened in between?

Exactly what defence did you file?
Did you submit a SAR to Premier to get everything they have on you?
It appears that the driver wasn't the keeper. Is the charge notice POFA comnpliant?
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Adam_H
post Sun, 18 Oct 2020 - 12:33
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Yes a long gap, I work within the NHS and things have been quite busy for me, I did manage to file a defence which was pretty much template with concerns of signage and confirmation that a disabled person was being carried. I did not request a SAR.

There was an offer to settle at £150 from BW and a mediation call during this time too. I even offered to pay the whole sum being sought to an NHS charity on their behalf which was declined.

The witness statement submitted has an image of my car entering and one of exiting along with a 'white list' of registrations that had paid for parking during the timeframe. I would assume they have little else.

I removed the notice due to storage, but no one on the forum questioned its validity previously.

This post has been edited by Adam_H: Sun, 18 Oct 2020 - 12:35
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