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#Post#: 60560--------------------------------------------------
Premier Park PCN pulled into a closed pub car park for 20
minutes didn't see warning signs
DIR By: yorkshirepudding
Date: March 4, 2025, 9:52 am
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Advice please
As per title, driver pulled off the highway into a pub car park
for a quick driving break, no other vehicles on the car park and
pub was closed. Occupants didn't leave vehicle or vicinity of
it just pulled in for a leg stretch and break from driving. A
passenger suddenly looked up and noticed the two warning signs
in the car park, which were not visible from eye level or whilst
parked. A passenger attempted to download the app to pay but
signal was not strong, the app did download later but
retrospective payments not accepted, and also no payment without
location code, which couldn't be seen anywhere. After this the
driver left, hoping that the short stay would be within some
allowed timescale, obviously not!
This is driver error I assume for not spotting the sneaky signs,
is it best to just pay up now?
Photo of car park sign from internet as didn't think to take one
at the time.
Any advice appreciated, have already been advised to pay up on
another group so occupants are resigned to this being an
expensive pit stop.
[attachment deleted by admin]
#Post#: 60624--------------------------------------------------
Re: Premier Park PCN pulled into a closed pub car park for 20
minutes didn't see warning signs
DIR By: b789
Date: March 4, 2025, 7:03 pm
---------------------------------------------------------
Oh dear... Premier Park are in breach of several laws and their
directors are criminally liable for the following:
By providing only a PO Box address instead of a full registered
office address is unlawful:
[indent] It breaches the Companies Act 2006 and UK disclosure
laws.
It is a criminal offence under The Companies (Trading
Disclosures) Regulations 2008.
Premier Park Ltd (and its directors) can be fined for
non-compliance.
This can be reported to Companies House and Trading Standards.
The NtKs non-compliance can be used as a defence against any
future claim.[/indent]
The Notice to Keeper fails to provide a legally required
serviceable address, making it invalid and unenforceable. It
also casts into doubt that any contract could have been formed
as their signage also only shows a PO Box instead of a
serviceable address.
All good stuff to include in a POPLA appeal.
#Post#: 60627--------------------------------------------------
Re: Premier Park PCN pulled into a closed pub car park for 20
minutes didn't see warning signs
DIR By: DWMB2
Date: March 5, 2025, 12:11 am
---------------------------------------------------------
They don't only provide a PO Box on the notice to keeper. Their
registered address is provided at the bottom of page 2.
OP do you have any photos showing the layout of the signage?
#Post#: 60657--------------------------------------------------
Re: Premier Park PCN pulled into a closed pub car park for 20
minutes didn't see warning signs
DIR By: b789
Date: March 5, 2025, 4:41 am
---------------------------------------------------------
But its not on their contractual sign.
Im seeking judicial advice on whether this is a valid legal
point that invalidates the contract. Im not really bothered if
a POPLA assessor does or does not have the intellectual capacity
or necessary training in contractual law, but it would certainly
be useful as a defence in any claim.
--- Quote ---
> A private parking company displays signage at a car park
setting out contractual terms. However, instead of providing
their registered office address, the signs only includes a PO
Box. The company does have a registered office, which is listed
on Companies House and their website, but it is not displayed on
the signs that forms the contract with the driver.
>
> My argument is that:
>
> [indent]1. The car park is a place where the company carries
on business they operate, issue charges, and generate revenue
from motorists there.
>
> 2. The Companies (Trading Disclosures) Regulations 2008
require a company to display its registered name at any location
where it carries on business and to provide its registered
office address on business documents.
>
> 3. A PO Box is not a legally recognised business address,
meaning the contract terms are not lawfully presented.
>
> 4. If the signage does not meet legal requirements, a valid
contract was not formed, and the company cannot enforce the
parking charge.[/indent]
--- End Quote ---
#Post#: 60710--------------------------------------------------
Re: Premier Park PCN pulled into a closed pub car park for 20
minutes didn't see warning signs
DIR By: yorkshirepudding
Date: March 5, 2025, 8:17 am
---------------------------------------------------------
--- Quote from: DWMB2 link ---
>
> They don't only provide a PO Box on the notice to keeper.
Their registered address is provided at the bottom of page 2.
>
> OP do you have any photos showing the layout of the signage?
>
--- End Quote ---
I'm afraid not and it does not appear on street view as the
signage was only installed in November apparently. I do want to
go over and take a look but unfortunately there's not many
places to park there, ironically!
#Post#: 60734--------------------------------------------------
Re: Premier Park PCN pulled into a closed pub car park for 20
minutes didn't see warning signs
DIR By: b789
Date: March 5, 2025, 9:59 am
---------------------------------------------------------
Here is paragraph that can be used in a POPLA appeal:
--- Quote ---
> Premier Park Limited has failed to comply with The Companies
(Trading Disclosures) Regulations 2008 by not displaying their
registered office address on the signage at the site. Instead,
they have only provided a PO Box, which is not a legally valid
business address.
>
> These regulations require a company to display its registered
name at any place where it carries on business. Since Premier
Park conducts business at this car park by offering parking
terms, charging fees, and issuing parking charges, they must
comply with this legal requirement.
>
> Breaching Regulation 10 is a Criminal Offence
>
> Under Regulation 10 of The Companies (Trading Disclosures)
Regulations 2008, failing to meet these disclosure requirements
without reasonable excuse is a criminal offence.
>
> Regulation 10 states:
>
> [indent]If a company fails, without reasonable excuse, to
comply with any requirement of these Regulations, an offence is
committed by the company and every officer of the company who is
in default.[/indent]
>
> This means that:
>
> [indent] Both the company and its directors can be prosecuted
for failing to display the required information.
>
> The offence can result in a fine, and enforcement action can
be taken by Companies House or Trading Standards.[/indent]
>
> Since Premier Park has committed an unlawful act, the
principle of ex turpi causa non oritur actio applies. This legal
principle states that a party cannot enforce a claim if it
arises from their own unlawful conduct.
>
> Since Premier Park has acted unlawfully, they cannot rely on
their signage to form a contract with the driver. No valid
contract exists, and the Parking Charge Notice must be
cancelled.
--- End Quote ---
#Post#: 60744--------------------------------------------------
Re: Premier Park PCN pulled into a closed pub car park for 20
minutes didn't see warning signs
DIR By: yorkshirepudding
Date: March 5, 2025, 10:20 am
---------------------------------------------------------
Thank you b789, I will need to revisit the car park soon to
double check on the signage and will be using your paragraph if
I can find no other signage with the full address.
Thank you again!
#Post#: 60749--------------------------------------------------
Re: Premier Park PCN pulled into a closed pub car park for 20
minutes didn't see warning signs
DIR By: DWMB2
Date: March 5, 2025, 10:36 am
---------------------------------------------------------
For your interest, there's a current discussion going on about
the PO Box argument elsewhere on the forum, that you wish to
read: PO Box address invalidating a contract?
HTML https://www.ftla.uk/non-motorist-legal-advice/po-box-address-invalidating-a-contract/msg60744/#new<br
/>
#Post#: 60751--------------------------------------------------
Re: Premier Park PCN pulled into a closed pub car park for 20
minutes didn't see warning signs
DIR By: b789
Date: March 5, 2025, 10:41 am
---------------------------------------------------------
I'm just exploring other issues with the "contractual" side of
the argument. Ti is just one single issue that will be argued at
POPLA and, if necessary, at court.
No one is relying on this single issue alone.
#Post#: 60753--------------------------------------------------
Re: Premier Park PCN pulled into a closed pub car park for 20
minutes didn't see warning signs
DIR By: DWMB2
Date: March 5, 2025, 10:42 am
---------------------------------------------------------
For clarity, I wasn't suggesting otherwise.
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