Successful POPLA Appeal - Premier Park (Marine Falmouth) |
Successful POPLA Appeal - Premier Park (Marine Falmouth) |
Tue, 4 Oct 2016 - 16:18
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New Member Group: Members Posts: 8 Joined: 25 Jul 2016 Member No.: 85,844 |
Just got notification that Premier Park are not contesting my appeal on this one, my main grounds being that:
1) No contract to park was formed between the driver and Premier. 2) Premier’s Notice to Keeper failed to meet the strict requirements of POFA. 3) Premier does not have the standing or authority to pursue charges or to form contracts with drivers using this particular car park. Premier is not the landowner, and therefore does not have the legal capacity to issue and pursue parking notices. It must have written authority as required by the BPA Code of Practice para 7.2 and must present its contract for the location. 4) The car park signage was inadequate. 5) The car park signage failed notify the driver that Premier intended to exercise its rights under POFA (subject to its compliance with the requirements of POFA) to pursue the vehicle’s keeper for the parking charge in the event that the driver did not pay the charge. 6) The car park signage did not properly warn motorists of the purpose of the operation of the ANPR cameras 7) The charge is a penalty, breaches the CRA and is not saved by the decision in ParkingEye vs Beavis. Anyhow, here is a link to the timeline and a full summary of my appeal letter: http://forums.pepipoo.com/index.php?showto...20&start=20 Massive thanks to the forum and members here, without whom I'd have been scared into paying the £100. |
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