I have a PCN for £120, or £60 if paid within 28 days. Im tempted to ignore everything but am thinking if it does go down the court route, will it most probably be northampton? will I have to go there? any cases recently of people losing in courts to PPC's?

Thanks

If a ticket was stuck to the windscreen, await the NtK.

If it came through the post, write back stating that the charge does not represent a genuine pre-estimate of their losses and they must either cancel or send you a POPLA code.

Wait until the NtK arrives then challenge it on the grounds that it isn't their car park and they haven't lost £120

IIRC Premier Parking unlike Premier Park doesn't risk court

Northampton is just the clearing house that receives all the claims
If you defended it, any hearing would be at your local court

A ticket was stuck to the windscreen. All the advice I have read is to wait for the NtK but then I have missed my 28 days to appeal so would it be best to send a letter

No.

Do not admit to being the driver as you lose the benefits of POFA (PoPLA and timescales)

Have a quick read around the completed cases section of the forum for relevant wordings (No Me Myself or I) while waiting for them to pay DVLA and dont worry about the discount. Paying nothing and costing them is more satisfying.

Another point is the charge of £120 being above the BPA Threshold of £100 and requires justification. (has it changed?)

No, my mistake, it's £100 not £120

so from what i understand is I wait for the NtK. Then I send a letter to the PPC appealing it but stating everything in th ethird person and not admitting to being the driver to which the PPC will reply, this is when I lodge an appeal with popla? If popla quash it then is that it? if popla arent of any help and deem that i should pay it (do they do this) then is it going to be a fight in the courts? I have been reading moneysavingexpert threads and picked up a lot from there including this page: http://forums.moneysavingexpert.com/showthread.php?t=4816822

The PPC company is Premier Park

Yes, they will reject and should issue you with the PoPLA code.If they don't come back here.



Yes. You need to include the winning words that win at PoPLA. While waiting for the NtK spend some time reading the completed cases sub forum for enlightenment. Put together a PoPLa appeal and post it back up here.



Their decision is binding for the PPC......but not for you



If you follow the guidance on the forum this isn't going to happen.

Thanks that clears things up a bit. Ive revised my initial letter to the PPC to remove any reference to driving the vehicle

.............just found the flow chart http://forums.moneysavingexpert.com/showpo...mp;postcount=12 so will use the template letter from the sticky thread by coupon-mad:

Dear {company name of this member of ''PPC World''},

PCN number xxxxxxx
As the registered keeper, I have received your parking invoice which of course, I decline your invitation to pay. I wish to invoke your appeals process, since all liability to your company is denied on the following basis:

1) The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner
2) Your signage does not comply with your ATA Code of Practice and was not sufficiently prominent to create any contract
3) You are not the landowner and do not have the standing to offer contracts nor to bring a claim for trespass

Please issue your standard cancellation letter or a specific, detailed rejection letter. If you choose to send the latter, it must state:

- the legal basis of your charge (i.e. breach, trespass or contractual fee?) as your signage was not seen/accepted by the driver and your recent Notice failed to make the basis of the charge clear. As keeper, I cannot be expected to guess the nature of the allegation.

- if alleging breach of contract, with your rejection letter I require a breakdown of the liquidated damages suffered, and by whom, and when this calculation was determined and how this particular 'loss' arose. Please also explain how/why you charge a fixed sum no matter whether the alleged contravention was trivial or more serious and how that can amount to a genuine pre-estimate of loss.

- if alleging trespass please enclose evidence of the perpetrator and proof of the liquidated damages alleged and the calculation of this sum.

- if alleging 'contractual fee' I require that you now send me a VAT invoice by return and explain the daily rate for parking and service provided for the fee. Failure to provide this information and a VAT invoice now that I have requested it, will be considered evidence that this was not in fact a genuine offer to park for a fee and is merely a penalty which is not recoverable in contract law (as found by Mr Recorder Gibson QC, on appeal at Luton County Court in the case of Civil Enforcement v McCafferty 3YK50188 (AP476) 21/2/2014).

Take formal note:

(a) Your unsupported, unsolicited invoice and any further letters if you persist, will constitute harassment. If you continue, your contact and that of any agent will be deemed a 'serious and persistent unwarranted threat' as found by Lord Justice Sedley in Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February 2009) and I reserve the right to take the matter further. You have been informed that I consider this to be harassment so any decision to send further letters rather than cancel the invoice will reinforce the evidence of your persistent unwarranted threat and you may be required to justify your actions in court.

(b) Any obfuscation on your part, such as pretending I have to name the driver, alleging I am too late or unable to appeal as keeper or requiring more evidence when clearly I have already set out my full challenge for this stage, will be reported to the DVLA and to your respective ATA, as a sanctionable breach of your Code of Practice.

© If you reject my challenge and insist upon taking the matter further I must inform you that I may claim my costs from you and my time at the court rate of £18 per hour. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses and legal fees as well as liquidated damages for distress arising from harassment.

By continuing to pursue me you hereby accept liability to pay my costs when I prevail and you acknowledge and imply full understanding of the above.

Yours,



{the registered keeper's name}

Coupon mad posts on here as SchoolRunMum.

I personally like short appeals or mitigating circumstances. Its the code youre after and I believe if they assume that youll use the same soft appeal in the PoPLA appeal and they'll have an easy win.
Then I go in hard at PoPLA. Some PPCs will realise this comes straight from aforum template and will ignore the questions that are asked but they should provide the code still. Others may fold if they realise they've got no chance
at PoPLa. Im not familiar with Premier Park so others could advise better on their likely response.

If it is Premier Park and not Parking, suggest changing the heading of your thread

Forgive me but have you had the NtK already?

I have not had the NtK yet no. i was wondering if i should appeal before?

i have changed the title, is the PPC company in question a ball ache?

No, wait for the NtK. The date its received could come into play + it costs them to get your details which is a good thing.. Search on this and other forums for info on Premier Park.

They are a ball ache company that needs stamping on early via POPLA but only after receiving the NtK

One of the OPs I've helped has succeeded in court against Premier but it was hard work
They went as far as a hearing with the most absurd claim resulting from an ANPR error

Hi Guys,

I've recently gotten two PCNs for parking without permit in a place I just moved into. I was actually just about to apply for the permit but with moving in, they ticketed my car.

I feel so stupid as I didn't look up forum help before I wrote my appeal. I just wrote to them to say that I moved into the building and that I don't have money to pay. They refused my appeal and sent me a POPLA code for appeal. After I read the forums, I sent an appeal again to them with a letter I crafted from the forum but I don't know if that will help.

I think now I need to appeal to POPLA?! Can you give me some advice and how to fix my mistakes? (

Thank you so much

Okay, first thing is to create your own thread. 1 case per each thread rule here.

Create a thread and we (or the vets on here) can help. When did you receive the POPLA code? you only have 28 days from it being issued to use it.

I just created my own thread for POPLA help. I received my rejection letter 12th of June.