DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 62071--------------------------------------------------
Premier Park - Failure to pay for the duration of stay
DIR By: RegKeeper
Date: March 12, 2025, 7:15 am
---------------------------------------------------------
Hi all, firstly just want to say that you people are doing great
work helping poor souls that fall foul of these companies.
This may be bit of a complicated one so please bear with me. I
don't know how vague i have to be so please let me know if it
safe to reveal more details.
In January the driver decided they needed to be more social so
started attending a group in a local pub one night a week.
Behind the pub is a carpark which the driver parked in and
bought a ticket.
All was good until the keeper received a letter forwarded from
their previous address marked 'Final notice before action' for
'Failure to pay for Duration of Stay ANPR.' The pictures show
the car arriving and leaving about 22mins over the time bought
on the ticket. This notice said that the £40 discount from the
previous letter had been lost and £100 was to be paid.
The keeper had made the classic mistake of updating the driving
licence but not the v5c as they were not aware. They updated the
address on the v5c as soon as the pcn letter came through.
The keeper appealed on the company website that due to a change
of address they had not received the first letter with the
discount and to please give them the chance to pay the discount
(naive yes). They responded that the appeal had been upheld and
the pcn had been cancelled.(???)
A week or so later the keeper recieved another letter forwarded
from the previous address: this time from a debt collection
agency. It was dated 20/02 and was received at the keepers new
house 10/03. It was for a parking charge previous to the one
discussed above for the same reason 'Failure to pay for the
duration of stay.'
The keeper has emailed the DPO of the company stating the the
address for the car is wrong, giving the new address and asking
to resend all correspondence.
The keeper reasons that potentially there could be 4-5 instances
where a pcn from this car park could have been sent to the
previous address and then lost in the redirection or have not
arrived at the new address yet. Each time a ticket was bought
but time may have been overun. So potentially a lot of money
building up in these cases.
Please advise me on the best course of action as you see it. The
keeper was considering a SAR as the next step but thought its
best to ask here first.
Thanks for your time.
#Post#: 62099--------------------------------------------------
Re: Premier Park - Failure to pay for the duration of stay
DIR By: b789
Date: March 12, 2025, 8:56 am
---------------------------------------------------------
Simply writing to the DPO is not enough. There are key words
that you must use in a data rectification notice (DRN). It
should instruct them to update their records with your current
address for service and to erase your old addresss. The
highlighted words are there for a reason and should be used.
As for the Parking Charge Notice (PCN), I'm afraid that you have
managed to proverbially blow both feet off with a single shot by
admitting liability. Up until you blabbed the drivers identity
by referring to the Keeper as the driver, you probably had other
strong arguments because only the driver can be liable unless
the operator has fully complied with all the requirements of
PoFA.
I think you are screwed on this first PCN. If there are more,
then please come here first, before you dob yourself into the
mire, and we can advise on how to handle them.
Did you ate any point try and get the pub management to get the
PCN cancelled? It is within their power to ask their contracted
agent to cancel the PCN. Not sure if they want their regular
customers being scared off with speculative invoices just for
being patrons.
#Post#: 62156--------------------------------------------------
Re: Premier Park - Failure to pay for the duration of stay
DIR By: RegKeeper
Date: March 12, 2025, 1:09 pm
---------------------------------------------------------
Hi thanks for replying. I will get right on that a send another
DRN with those keywords thanks.
Apologies I should have explained it clearer.
The first letter i received was the final warning which I
appealed on their website, not mentioning who was the driver
just saying that I hadn't received the first letter and to let
me pay the initial amount. They replied with this:
-----
"We write to acknowledge receipt of your recent online appeal
against the issuing of a Parking Charge Notice (PCN) to your
vehicle.
Please be advised that on this occasion your appeal has been
upheld and the above PCN has now been cancelled. We have now
removed your details from this PCN."
-----
And I have not heard anything more about it since 4th March. So
I assumed this one was dead for whatever reason.
The second letter I received was for a different PCN from an
earlier date. This was from Debt Recover Plus. I have not
engaged at all with this PCN except to try to appeal on the
website again but was given the message that I can't appeal.
So as of this moment I have received letters about 2 different
PCNs but only one is 'live'. This one is with a debt recovery
firm. I know from here not to engage with them but just wanted
to know what to do next, is it possible if this case goes all
the way to court it can be defended? The driver having bought a
ticket and then supposedly overstayed? I haven't admitted who
the driver is of either as far as I'm aware.
There is actually a special made sign in the car park that says
the pub has nothing to do with the carpark. I've looked up on
land registry (just the free register so far) and it says the
area is The Pub and Grounds. Would I need to speak to the
manager or ask them who the owner is and how to get in contact?
Thank so much for your help.
#Post#: 62158--------------------------------------------------
Re: Premier Park - Failure to pay for the duration of stay
DIR By: b789
Date: March 12, 2025, 1:19 pm
---------------------------------------------------------
Are the two PCNs for the same location, just different dates? If
so, ask them why they cancelled one but not the other.
#Post#: 62189--------------------------------------------------
Re: Premier Park - Failure to pay for the duration of stay
DIR By: RegKeeper
Date: March 12, 2025, 4:20 pm
---------------------------------------------------------
Yes they are. One (with the debt recovery firm) is for the first
time the car was parked and the other (cancelled) was for the
3rd time. The car was parked same day, around same time, every
week starting Jan 14th until 18th Feb.
If I draw their attention to the successful appeal is there a
possibility they could retract it or reissue the PCN under a new
number or something?
Also, who should I contact at the parking company, I only have
the email for the DPO? I've looked on the website and can't see
another email to contact.
Thanks
*****************************************************
Page 1 of 1