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PREMIER PARK MARITIME CAR PARK PARKING CHARGE NOTICE
kernow2017
post Sun, 13 Aug 2017 - 09:53
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Good morning all,

Premier Park have issued a parking notice. The ticket was for two hours the driver arrived back at the vehicle on time but they didn't leave the car park for 20 minutes after ticket expired as they wasn't aware it was an ANPR camera., A letter has been receieved off a lease company saying the driver owes a £100 pound charge or £60 they pays within 14 days. My question is there a case here for the driver or would they be fighting a loosing battle? and better for the driver to pay the £60 quickly? Any Advise would be great as haven't been in contact with them at all yet.

Many Thanks
Kernow

This post has been edited by kernow2017: Sun, 13 Aug 2017 - 13:29
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post Sun, 13 Aug 2017 - 09:53
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kernow2017
post Sun, 13 Aug 2017 - 10:56
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Pleas find attached photos of the paper work I received

p

This post has been edited by kernow2017: Sun, 13 Aug 2017 - 12:26
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Dennis Basher
post Sun, 13 Aug 2017 - 10:58
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Hi kernow

Firstly, Parking companies trawl this forum for information and you need to edit your opening post to remove any clues which may identify the driver.

Have you actually received a Premier Parking Charge Notice in your name yet? Or is this the Premier's initial PCN sent to the lease company which the lease company has passed on to you?

In order to transfer liability to you ("the hirer"), the lease company should have provided Premier with your name and address, together with a copy of their hire agreement with you. Premier should then reissue the PCN to you as a "Notice to Hirer".

The first thing to do is to contact the lease company to tell them not to pay the charge and that you intend to challenge it.


Edit - just seen the pictures you've posted. Leaseplan have written to you to tell you that they have passed your details on to Premier. You should receive your own "Notice to Hirer" in the next couple of weeks. When this arrives, we can help you through the process of challenging it.

This post has been edited by Dennis Basher: Sun, 13 Aug 2017 - 11:03
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ostell
post Sun, 13 Aug 2017 - 11:32
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Your lease company doesn't seem to have got the idea behind private parking, or the steps required. They are talking about a Driving Offence and Authority Name. The piece of paper they received was actually a speculative invoice from a private business. I would think that this would be won for the usual lease car reasons if the identity of the driver is not know so it is urgent that the OP edits the first post and talks about the driver. I won't go into the details until later.

There could also be a second reason for failure of Premier Park. The land may very well be subject to byelaws. Looking at the maps it is very close. I'll leave it to the OP to investigate.
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kernow2017
post Sun, 13 Aug 2017 - 13:33
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Thanks a lot for the replies so just to confirm the keeper needs to wait until a notice to hirer is received? Again thanks to all for taking the time to post very much apprieciated.

This post has been edited by kernow2017: Mon, 14 Aug 2017 - 20:39
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kommando
post Sun, 13 Aug 2017 - 13:36
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The keeper not the driver.
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The Rookie
post Sun, 13 Aug 2017 - 14:40
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The driver does nothing as the invoice will be a notice to keeper (the hirer) and it is the keeper who will respond to that.


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ostell
post Sun, 13 Aug 2017 - 15:44
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Edit post #5. The keeper is waiting
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kernow2017
post Sat, 26 Aug 2017 - 10:37
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Hi all I have received the paperwork for the parking charge in my company name sad.gif . What is the next step? Also with my van being a private lease through my company as a sole trader does this effect anything?
Thanks again.
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ostell
post Sat, 26 Aug 2017 - 12:49
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Did you receive a copy of the hire agreement as well as the notice to keeper/hirer?
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kernow2017
post Sun, 27 Aug 2017 - 20:49
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No I didn't receive a copy of the hire agreement is it something I need to ask for or should it be sent as standard? The form is identical to the picture I posted apart from my address and company name on it. Tomorrow is the last day for the reduced rate so hopefully can sort something.
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ostell
post Sun, 27 Aug 2017 - 21:04
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With a notice to hirer paragraph 14 (2) (a) of POFA kicks in. Here's POFA As there are none of the documents listed included with the notice then they have failed to conform to the requirements of POFA to be able to hold the hirer liable. Wait till just before the time they specify you have to respond by and send them a BOGOFF letter. Delaying the letter slightly means that they cannot issue you a new compliant Notice to Hirer within the 21 days they have after receiving the details from the lease company.

They will probably come back and state something like they are continuing on the reasonable assumption that the hirer was driver but then you point out that a body corporate is unable to drive.
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kernow2017
post Sun, 27 Aug 2017 - 21:49
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Thanks Ostell for the post!! have messaged you....Would a letter like this be sufficient?
I'm Change it to Premier park and all but does rest seem ok?

Dear Sir,

Parking Charge Notice [0123456789]: Vehicle Registration [AA11ABC]

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by Highview Parking Ltd (“Highview”) as a Notice to Hirer. I confirm that as the hirer of this vehicle, I am its keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) and I write to formally challenge 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 invoke keeper liability for a Parking Charge. There are a number of reasons why Highview’s Notice to Hirer did not comply with POFA; in order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.

Given that Highview has forfeited its right to keeper liability, please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my challenge, 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 the matter 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.


Yours faithfully,

This post has been edited by kernow2017: Sun, 27 Aug 2017 - 21:51
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Dennis Basher
post Sun, 27 Aug 2017 - 22:56
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Once you've changed "Highview" to "Premier", the drafting of your letter will be okay - unless your company is the hirer, in which case you will have to write the letter in the company's name (e.g. we confirm that [ABC Ltd] is the hirer of this vehicle and we write to formally challenge the validity of this PCN etc.).

I expect that the "Notice to Hirer" you've received is actually just Premier's non-POFA version of its Notice to (Registered) Keeper i.e. it won't attempt to claim keeper / hirer liability and won't make any reference to POFA at all. Even so, regardless of what you write, Premier will reject your challenge. However, beware - you will only get a POPLA Code after they have had a go at tricking you into revealing the driver's details.

[Edited to correct typo]

This post has been edited by Dennis Basher: Mon, 28 Aug 2017 - 08:05
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ostell
post Mon, 28 Aug 2017 - 07:17
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That would be fine, with the amendments suggested by Dennis. I would not be too polite with them and just miss out that last paragraph. But then that's just me.

Don't send it too early as you don't want to give them a second chance to issue another compliant version of the notice but don't miss any time limit they give.
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kernow2017
post Mon, 28 Aug 2017 - 08:53
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Ok thanks a lot for the advise will hang on a bit then send it. Will let you know once I get the reply.
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ostell
post Mon, 28 Aug 2017 - 11:49
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While you're waiting. Have lease plan charged you for forwarding the notice and replying to Premierr?
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kernow2017
post Sat, 23 Sep 2017 - 17:46
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Sorry about delay, no there was no charge from lease company well as of yet. I have just received the reply from premier park but they haven't given me the code and have stated that if they don't hear back by the 28th September with the drivers details the registered keeper will be liable (lease company) the lease company have already been informed about parking charge being appealed and not to pay but have also stated that if they receive another letter an administration charge will be issued plus they will pay and forward the charge across? not sure what to do have heard ignore this first letter? here is a copy of it. P.S. had to delete the other attachment of paperwork from first post to allow space for this one. Any advise would be great on what to do? Thanks

This post has been edited by kernow2017: Sat, 23 Sep 2017 - 17:51
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Attached File  Scanpdf.pdf ( 672.03K ) Number of downloads: 28
 
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cabbyman
post Sat, 23 Sep 2017 - 18:57
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Complain to BPA and DVLA. They MUST issue a POPLA code with their rejection.

Reiterate to the hire company that the charge is not payable and you are continuing to fight it. You require that they send copies of any and all correspondence to you and they must not pay anything. You are dealing with it.

Await the comments of others to confirm.


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kernow2017
post Sun, 24 Sep 2017 - 07:25
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Thanks for comment cabby. I thought the same otherwise there not giving me to opportunity to appeal it surely? I noticed Dennis Basher said in his comment below that you will only get POPLA Code after they had a go at tricking you to reveal drivers details? So maybe there bluffing..but definably not received POPLA code or any of the paperwork stated in POFA paragraph 14. Ok I'll wait to see if others agree.
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