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#Post#: 62566--------------------------------------------------
Premier Park - Failure to pay for the duration of stay - Pub car
park new
DIR By: RegKeeper
Date: March 14, 2025, 2:19 pm
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Hi all.
I wonder if you could have a look at this NTK and reminder to
see if there is anything I could fight with this PCN.
This is already at the debt collector stage as the NTK and
Reminder weren't originally received because of incorrect
address on V5C (corrected now).
A parking ticket was purchased for 2 hours.
I can post the debt collector letter aswell if needed. I also
have pics of the signs and ANPR cam locations.
Thanks for your help.
[attachimg=1][attachimg=2][attachimg=3][attachimg=4]
[attachment deleted by admin]
#Post#: 62572--------------------------------------------------
Re: Premier Park - Failure to pay for the duration of stay - Pub
car park new
DIR By: G6PRK
Date: March 14, 2025, 2:32 pm
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Un-redact dates/times etc. from the NtK - they are important.
Also post signage/cams etc. - anything else relevant you have
(not debt collector letters)
Were you/the driver a customer of the pub? Have you complained
to the pub?
#Post#: 62577--------------------------------------------------
Re: Premier Park - Failure to pay for the duration of stay - Pub
car park new
DIR By: RegKeeper
Date: March 14, 2025, 2:50 pm
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Thanks for replying. I’ll upload them as soon as I get home.
Yes the driver was a customer of the pub.
I haven’t contact the pub yet no, there is a sign in the car
park saying that they don’t have anything to do with it. But I
will email them to try at least.
#Post#: 62635--------------------------------------------------
Re: Premier Park - Failure to pay for the duration of stay - Pub
car park new
DIR By: Dave65
Date: March 15, 2025, 5:48 am
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Do you know if the land is part of the Pub?
#Post#: 62651--------------------------------------------------
Re: Premier Park - Failure to pay for the duration of stay - Pub
car park new
DIR By: b789
Date: March 15, 2025, 7:45 am
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Simply updating your V5C address with the DVLA after receiving a
PCN sent to an old address, does not alter the fact that the
operator holds an incorrect address for service which puts you
in the danger of receiving a CCJ by default.
Before you do anything else, you MUST send a Data Rectification
Notice DRN to the Premier Park DPO, instructing them to update
their records with your current address for service and to erase
your old address. The highlighted words are there for a reason
and you should use them.
You can get the DPO contact address in Premier Parks privacy
statement on their website. It should have an email address you
can use but if you use snail mail, make sure you send it first
class with a free proof of posting certificate from any post
office. Never use registered/recorded delivery which is
expensive and at best can only prove non delivery.
When you’ve submitted your DRN, come back for advice on how to
proceed with dealing with your PCN.
#Post#: 62696--------------------------------------------------
Re: Premier Park - Failure to pay for the duration of stay - Pub
car park new
DIR By: RegKeeper
Date: March 15, 2025, 2:50 pm
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This is the original email I sent to change my address:
-------
Dear Sir/Madam,
Please send all correspondence regarding car with registration
**** to:
***Correct Address***
Please can I ask you to resend any previous correspondence to
the above correct address:
***Correct address***
Please erase from your records the incorrect address of:
***Incorrect address***
I have attached for the purposes of proof the V5C logbook for
***Reg*** and a bank statement.
Thank you for your time.
Yours faithfully,
***Name***
--------------
After further research on this forum I then sent this one the
next day:
--------------
Dear Sir/Madam,
Car Registration: ***Reg***
I am writing to request the rectification of my personal data
under Article 16 of the UK General Data Protection Regulation
(UK GDPR). I instruct Premier Park Ltd to update their records
to reflect my current address for service:
***Correct Address***
Additionally, I request that you erase any other address or
addresses you may currently hold for me in compliance with
Article 17 of the UK GDPR.
It has come to my attention that a Parking Charge Notice (PCN)
may have been issued and sent to an address that is now out of
date. To ensure compliance with data protection laws and to
avoid any further miscommunication, I require you to rectify
this issue by updating your records accordingly.
Furthermore, if my personal data has been shared with any third
parties, I instruct you to ensure that they also rectify their
records and erase any incorrect or outdated address information.
Under Article 19 of the UK GDPR, it is your responsibility to
notify such third parties of the rectification or erasure of
personal data.
To verify my identity and current address, I am providing a copy
of my V5C document. This document serves as sufficient evidence
for data verification purposes.
Please confirm in writing that:
1.My address has been updated in your records.
2. All other addresses held have been erased.
3. Any third parties with whom my data has been shared have been
notified to rectify or erase my data.
I also request that any time frames/time limits and processes
for any outstanding Parking Charge Notices be reset due to the
possibility that correspondence has not been received, allowing
the opportunity to appeal. Furthermore, I request that all
correspondence be resent to the above address allowing
sufficient time to respond.
Yours faithfully,
---------
Yesterday they responded to my first email:
---------
Dear ***Name***
We write in response to the below email.
Please accept this email as confirmation that we have updated
your address on our systems and have notified Debt Recovery Plus
of the same.
Whilst we note that you have requested erasure of your prior
address, as this was provided by the DVLA, due to our
obligations we are unable to erase the same.
We note your request for correspondence previously sent and can
confirm that we have attached the same to this email for your
perusal.
If, for any reason, you are dissatisfied with this response you
have the right to raise a complaint with the Information
Commissioner’s Office (ICO) via
HTML https://ico.org.uk/make-a-complaint/.
Prior to making a complaint, you may wish to contact the ICO
helpline on 0303 123 1113, which will advise you in relation to
your rights and our obligations under Data Protection
legislation.
We thank you for contacting us.
---------
They, as of yet, haven't responded to my second email.
#Post#: 62698--------------------------------------------------
Re: Premier Park - Failure to pay for the duration of stay - Pub
car park new
DIR By: RegKeeper
Date: March 15, 2025, 2:54 pm
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Here is a picture of one of the signs:
[attachimg=1]
[attachment deleted by admin]
#Post#: 62703--------------------------------------------------
Re: Premier Park - Failure to pay for the duration of stay - Pub
car park new
DIR By: b789
Date: March 15, 2025, 3:36 pm
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You need to un-redact the dates on the NtK.
#Post#: 62704--------------------------------------------------
Re: Premier Park - Failure to pay for the duration of stay - Pub
car park new
DIR By: RegKeeper
Date: March 15, 2025, 4:03 pm
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Here you go :)
[attachimg=1]
[attachment deleted by admin]
#Post#: 62711--------------------------------------------------
Re: Premier Park - Failure to pay for the duration of stay - Pub
car park new
DIR By: b789
Date: March 15, 2025, 6:36 pm
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The Notice to Keeper (NtK) is not fully compliant with all the
requirements of PoFA. There is a sentence on the back which
states:
[indent]"If we are required to take further action to recover
the Parking Charge the amount due may increase up
to£170."[/indent]
You may ask why this invalidates Keeper liability under PoFA.
PoFA, Paragraph 4(5) states:
[indent]"The maximum sum which may be recovered from the keeper
by virtue of the right conferred by this paragraph is the amount
specified in the notice to keeper under paragraph
9(2)(d)."[/indent]
POFA Paragraph 9(2)(d) states:
[indent]"The notice must—specify the total amount of those
parking charges that are unpaid, as at a time which is—specified
in the notice;"[/indent]
• This strictly limits the amount recoverable from the keeper to
the sum stated in the NtK under Paragraph 9(2)(d) which is £100.
• If the NtK states that the amount may increase beyond this, it
fails to comply with PoFA because it misrepresents the potential
liability of the keeper.
An NtK must be fully compliant with all the requirements of PoFA
for the operator to transfer liability from the driver to the
keeper. If an operator includes a non-PoFA compliant demand
(e.g., suggesting an increase to £170), the NtK is defective,
meaning they cannot hold the keeper liable—only the driver (if
identified) can be pursued.
Court Rulings & Legal Precedent
In Excel v Wilkinson (2022)
HTML https://www.dropbox.com/scl/fi/35c7pvc0z10yuvc18pett/excel_v_wilkinson.pdf?rlkey=yzrgfkx675lbgqcm4wbm9f6hu&st=0os6hajw&dl=0,<br
/>the judge ruled that debt recovery charges were not legitimate
and that attempts to inflate the charge beyond what was stated
in the original NtK were unenforceable.
Courts have also criticised misleading language in NtKs that
misrepresent the true liability of the keeper.
The second PoFA failure is that there is no invitation for the
Keeper to pay the charge. PoFA 9(2)(e)(i) states:
[indent]"The notice must-state that the creditor does not know
both the name of the driver and a current address for service
for the driver and invite the keeper—
(i)to pay the unpaid parking charges; or
(ii)if the keeper was not the driver of the vehicle, to notify
the creditor of the name of the driver and a current address for
service for the driver and to pass the notice on to the
driver;[/indent]
The NtK says that the driver is liable to pay the charge and
tells the Keeper to provide the drivers details and to pass the
notice on. However, as the Keeper is under no legal obligation
to provide the drivers details, the only element that is
fulfilled is the requirement to pass the NtK on to the driver.
There is no invitation to the Keeper to pay the charge.
The notice must "invite" the Keeper to pay. Even if the actual
word "invite" is not used, then with the use of a synonym there
must be a clear invitation. There isn't. There can be no
inferred obligation.
So, the operator has failed to fully comply with all the
requirements of PoFA. Just like you can't be a little but
pregnant, you either are or you aren't, then they can't just be
a bit compliant with PoFA. They either are fully compliant or
they are not. In this case, they are not.
What this means is that you should follow this advice for now:
There is no legal obligation on the known keeper (the recipient
of the Notice to Keeper (NtK)) to reveal the identity of the
unknown driver and no inference or assumptions can be made.
The NtK is not compliant with all the requirements of PoFA which
means that if the unknown driver is not identified, they cannot
transfer liability for the charge from the unknown driver to the
known keeper.
Use the following as your appeal. No need to embellish or remove
anything from it:
--- Quote ---
> I am the keeper of the vehicle and I dispute your 'parking
charge'. I deny any liability or contractual agreement and I
will be making a complaint about your predatory conduct to your
client landowner.
>
> As your Notice to Keeper (NtK) does not fully comply with ALL
the requirements of PoFA 2012, you are unable to hold the keeper
of the vehicle liable for the charge. Partial or even
substantial compliance is not sufficient. There will be no
admission as to who was driving and no inference or assumptions
can be drawn. Premier Park has relied on contract law
allegations of breach against the driver only.
>
> The registered keeper cannot be presumed or inferred to have
been the driver, nor pursued under some twisted interpretation
of the law of agency. Your NtK can only hold the driver liable.
Premier Park have no hope at POPLA, so you are urged to save us
both a complete waste of time and cancel the PCN.
--- End Quote ---
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