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#Post#: 62735--------------------------------------------------
Re: Premier Park - Failure to pay for the duration of stay - Pub
car park new
DIR By: RegKeeper
Date: March 16, 2025, 5:59 am
---------------------------------------------------------
--- Quote from: Dave65 link ---
>
> Do you know if the land is part of the Pub?
>
--- End Quote ---
I used the free service on the land registry website and it
stated that the area of the car park fell under "***Pub Name**
and grounds" so I guess I can assume that it is.
In either case I've emailed the pub to ask if they can intervene
but as of yet haven't heard anything back.
#Post#: 62736--------------------------------------------------
Re: Premier Park - Failure to pay for the duration of stay - Pub
car park new
DIR By: RegKeeper
Date: March 16, 2025, 6:04 am
---------------------------------------------------------
[member=26]b789[/member]
Thank you for that, seems promising especially with that court
ruling!
I am passed the time allowed for appeal on the Premier Park
website and just get this message:
---
This PCN has been transferred to our Debt Recovery Agent
Please contact us if you wish to enquire about this PCN
---
But they also state:
---
APPEALS CANNOT BE CONSIDERED OVER THE TELEPHONE OR BY SENDING AN
E-MAIL. WE CURRENTLY ONLY ACCEPT APPEALS SENT USING THE ONLINE
FORM BELOW OR SENT TO US BY POST.
---
So at this point should I just wait for the LOC to come through
as I can't get a POPLA number if I can't make a claim with the
company correct?
Thanks
#Post#: 62743--------------------------------------------------
Re: Premier Park - Failure to pay for the duration of stay - Pub
car park new
DIR By: b789
Date: March 16, 2025, 8:12 am
---------------------------------------------------------
If you send a formal complaint they are required to consider it
as an appeal according to the PPSCoP section 11.2.
Send the following to complaints@premierpark.co.uk and CC in
yourself:
--- Quote ---
> Subject: Formal Complaint & Appeal Under PPSCoP Section 11.2 –
Incorrect Service of PCN & Keeper Liability Dispute
>
> PCN Reference: [PCN Reference]
>
> Dear Premier Park,
>
> I am submitting a formal complaint under Section 11.2 of the
Private Parking Single Code of Practice (PPSCoP)regarding the
procedural handling of Parking Charge Notice [PCN Reference]. As
this complaint concerns a parking charge, you are required to
consider it as an appeal and, if rejected, issue a POPLA code so
that I can escalate the matter.
>
> 1. Formal Complaint – NtK Not Correctly Served
>
> The Notice to Keeper (NtK) was originally sent to an incorrect
address for service because, at the time, my V5C had not yet
been updated. As a result, the NtK was not "given" to me in
accordance with Paragraph 9(6) of the Protection of Freedoms Act
2012 (PoFA) within the required timeframe.
>
> By the time I received the NtK, it was too late to appeal
within your standard deadlines. Upon receipt, I immediately
served a Data Rectification Notice (DRN) to update my address,
which you have since acknowledged.
>
> Under PPSCoP Section 11.2, you must treat this formal
complaint as an appeal and respond accordingly.
>
> 2. Appeal – No Keeper Liability Under PoFA
>
> Even if the NtK had been properly served, it fails to meet the
strict requirements of PoFA, meaning I cannot be held liable as
the Keeper.
>
> (a) Misrepresentation of the Amount Recoverable (PoFA 4(5))
>
> The NtK states:
>
> "If we are required to take further action to recover the
Parking Charge, the amount due may increase up to £170."
>
> This contradicts PoFA Paragraph 4(5), which states:
>
> "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)."
>
> -PoFA strictly limits the amount recoverable from the Keeper
to the sum stated in the NtK, which is £100.
> -Stating that the charge may increase misrepresents the
Keeper’s liability and renders the NtK non-compliant.
>
> This fact is already fully established in persuasive appellate
case law in Excel v Wilkinson (2022), where the court ruled that
inflating charges beyond the original NtK amount was
unenforceable.
>
> (b) No Invitation for the Keeper to Pay (PoFA 9(2)(e)(i))
>
> PoFA Paragraph 9(2)(e)(i) requires an NtK to:
>
> "Invite the keeper to pay the unpaid parking charges; or if
the keeper was not the driver, 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."
>
> Your NtK fails to include a clear invitation for the Keeper to
pay. Instead, it:
>
> -States that the driver is liable to pay.
> -Tells the Keeper to provide the driver’s details and to pass
the notice on.
>
> As the Keeper is under no legal obligation to identify the
driver, the only fulfilled requirement is to "pass the NtK on."
There is no explicit invitation for the Keeper to pay, meaning
the NtK is defective under PoFA.
>
> 3. PoFA Compliance is an All-or-Nothing Requirement
>
> PoFA is like pregnancy—you either are or you aren’t. You
cannot be “a little bit” pregnant, just as an NtK cannot be “a
little bit” PoFA compliant.
>
> For an NtK to trigger Keeper liability, it must be fully
compliant with every requirement of PoFA. Your NtK fails
multiple PoFA requirements, meaning it does not transfer
liability to the Keeper. The only party that can be held liable
is the driver, who has not been identified.
>
> 4. Resolution Required
>
> As this is a formal complaint and an appeal under PPSCoP
Section 11.2, you are required to:
>
> 1. Provide a response to this complaint and appeal.
> 2. If you reject my points of appeal, issue a POPLA code so
that I can escalate the matter.
>
> Please confirm your response within 14 days, as required under
the PPSCoP.
>
> Yours sincerely,
>
> [Your Name]
--- End Quote ---
#Post#: 62773--------------------------------------------------
Re: Premier Park - Failure to pay for the duration of stay - Pub
car park new
DIR By: RegKeeper
Date: March 16, 2025, 1:48 pm
---------------------------------------------------------
Sent! Amazing write up thanks for your time and effort!
Are we expecting them to reject this appeal and then we get a
POPLA code or is there a possibility they could give up at this
stage?
#Post#: 62774--------------------------------------------------
Re: Premier Park - Failure to pay for the duration of stay - Pub
car park new
DIR By: John Glacier
Date: March 16, 2025, 2:24 pm
---------------------------------------------------------
They don't accept appeals. No money in that.
They will send a POPLA code and you can try your luck there.
#Post#: 62776--------------------------------------------------
Re: Premier Park - Failure to pay for the duration of stay - Pub
car park new
DIR By: RegKeeper
Date: March 16, 2025, 2:41 pm
---------------------------------------------------------
Yeah makes sense.
I have received a reply from the pub the car park is attached
to:
-----
I m afraid we don't actually own the car park its owned by
Premier park you will have to contact them. Sadly we hold no say
over them.
-----
So I guess that rules out that out.
#Post#: 62780--------------------------------------------------
Re: Premier Park - Failure to pay for the duration of stay - Pub
car park new
DIR By: b789
Date: March 16, 2025, 3:28 pm
---------------------------------------------------------
DOn't expect these greedy scammers to give up so easily. Even if
it goes t POPLA, there is no guarantees. POPLA is funded by the
very companies you are appealing agent. The easiest way to will
is if they try to make a claim. They usually hope that you are
low-hanging fruit on the gullible tree who will give in a pay up
once they threaten litigation, out of ignorance and fear.
We a quite a way off the for now. Wait and see what happens
next. I suggest a formal complaint to the DVLA will be next,
depending on their response to the formal complaint.
#Post#: 63747--------------------------------------------------
Re: Premier Park - Failure to pay for the duration of stay - Pub
car park new
DIR By: RegKeeper
Date: March 22, 2025, 1:36 pm
---------------------------------------------------------
Update!
This is the reply I received to the complaint I made:
------------
Dear ****
We write in response to your email dated 16th March 2025.
The PCN was issued because the vehicle was at ***Address*** for
2 hours and 22 minutes on the 14th January 2025 for ‘Failure to
Pay for the Duration of Stay’.
This car park is monitored by Automatic Number Plate Recognition
(ANPR) cameras which capture time and date stamped images of
vehicles entering and exiting the car park to measure how long
they remain on site.
The vehicle remained on site for 2 hours and 22 minutes, we can
confirm we received payment for 2 hours however, as the vehicle
remained on site for an additional 22 minutes without further
payment, a PCN was issued.  
On the reverse of the PCN you received, there is a ‘useful
information’ section that provides further information on
Appeals and or Enquiries. This provides the relevant information
regarding the appeals process. ‘All appeals must be submitted
within 28 days (beginning with the day after that on which this
notice is given)’, as we had not received an appeal in time and
via the correct methods, we are unable to supply you with a
POPLA code.
The PCN was issued on the 17th January 2025, as no payment or
correspondence was received, a reminder letter was sent on 3rd
February 2025. Both letters were sent to the same address
provided to us by the DVLA. We cannot be held liable for your
not having received these. It is the responsibility of the
Registered keeper to ensure their address is correct and up to
date with the DVLA.
After the period of 28 days beginning with the day after that on
which this notice is given - the amount of the unpaid parking
charge specified in this notice has not been paid in full, and
we do not know both the name and current address of the driver,
under paragraph 9(2)(f) of Schedule 4 of the Protection of
Freedoms Act 2012 we will have the right to recover from the
keeper so much of that parking charge amount as remains unpaid.
If we are required to take further action to recover this
Parking Charge the amount due may increase to up to £170.00.
Pursuant to the Protection of Freedoms Act 2012, we are entitled
to hold the Registered Keeper of a Vehicle liable for any
Parking Charges which result from a breach of contract should
the Registered Keeper be unable and/or declined to provide the
full name and full serviceable address of the Driver of the
Vehicle on the contravention date. This information has not been
provided, and consequently, you as the Registered Keeper are the
liable party in relation to the above Parking Charge Notice.
As set out above, our position remains that the Parking Charge
Notice was issued correctly.
Please be advised, that we have instructed Debt Recovery Plus
Limited to recover the outstanding balance of the Parking Charge
Notice and they continue to have conduct in this matter.
Accordingly, all further correspondence concerning the Parking
Charge Notice and settlement of the same will need to be sent
directly to them and not ourselves.
We thank you for contacting us and trust the above response
addresses your queries. Please note, any further correspondence
received from you will be logged but may not be responded to.
You have now exhausted our internal company complaints
procedure. If you remain unsatisfied by our response you may
contact the British Parking Association (BPA) for further
escalation for complaints pertaining to parking enforcement.
You will be required to upload a copy of this response as part
of your evidence submission to the BPA. If this is not provided,
the BPA will be unable to consider your complaint.
Further information can be found by visiting the BPA’s AOS
Complaints Portal can be found by visiting
HTML https://www.britishparking.co.uk/Contact-Us-Public
------------
So they didn't give me a POPLA code and conveniently avoided
addressing any of the actual points in the complaint ::)
#Post#: 63750--------------------------------------------------
Re: Premier Park - Failure to pay for the duration of stay - Pub
car park new
DIR By: b789
Date: March 22, 2025, 2:16 pm
---------------------------------------------------------
Premier Park’s response attempts to sidestep the central points
of both your formal complaint and appeal, in clear breach of
their obligations under the Private Parking Single Code of
Practice (PPSCoP). Here's a breakdown of the key failings in
their response, and suggested next steps:
Key Failings in Premier Park’s Response
1. Failure to Treat the Complaint as an Appeal – PPSCoP Section
11.2 Breach
Your email was explicitly framed as a formal complaint
concerning a PCN, and thus must be treated as an appeal under
PPSCoP 11.2, which states:
“If a complaint relates to a specific parking charge, then the
complaint must be considered to be an appeal and dealt with
under the appeals procedure.”
Premier Park has not treated it as such. Their response failed
to consider or refute the PoFA breaches raised and did not issue
a POPLA code. This is a direct breach of the PPSCoP.
2. Misstatement of Keeper Liability under PoFA 2012
Premier Park insists that the Keeper is liable but ignores your
detailed challenge to the NtK’s PoFA compliance, including:
• 9(2)(d) and 4(5) breach – claiming the charge may increase
beyond £100.
• 9(2)(e)(i) breach – failing to invite the Keeper to pay,
instead stating the driver is liable.
• These defects invalidate the transfer of liability to the
Keeper.
Their response fails to address these points entirely, rendering
their assertion of Keeper liability legally unsound.
3. Refusal to Issue POPLA Code on Invalid Grounds
Their justification for refusing a POPLA code—alleging that your
appeal was late and not made via the “correct method”—is invalid
in this context. PPSCoP 11.2 overrides standard appeal
timeframes when a complaint about a PCN is made.
Once you submitted your formal complaint, they were required to
consider it as an appeal regardless of when it was received, and
to issue a POPLA code if rejected.
4. Misuse of DRP (Debt Recovery Plus) to Bypass Accountability
Passing the case to DRP does not relieve Premier Park of their
responsibilities under the PPSCoP. The complaints process,
including escalation to POPLA, remains Premier Park’s
obligation. Referring you to a debt collector instead is a
tactic often used to shut down challenges improperly.
For now, respond to that letter with the following:
--- Quote ---
> Subject: Re: PCN [Insert Reference] – Failure to Address
Formal Complaint and Appeal (PPSCoP Sections 11.2 and 11.1)
>
> Dear Sir/Madam,
>
> Your response dated [insert date] fails to discharge your
obligations under the Private Parking Single Code of Practice
(PPSCoP) in two respects.
>
> Firstly, under Section 11.2, you were required to treat my
formal complaint—because it relates to a parking charge—as an
appeal. You have failed to properly consider the points raised,
provided no meaningful response to the detailed issues of Keeper
liability under PoFA, and crucially, have failed to issue a
POPLA code, which is required if you reject an appeal.
>
> Secondly, you were also obliged to address the matter as a
formal complaint in its own right, under Section 11.1 of the
PPSCoP. That section requires operators to engage with
complaints in a structured and transparent way, and where the
complaint cannot be resolved, to confirm that the internal
complaints process has been exhausted and issue a complaint
reference number for escalation to the BPA.
>
> You have done neither.
>
> I now require you to:
>
> 1. Confirm that my formal complaint has been fully considered
and exhausted;
> 2. Provide a complaint reference number so that I may escalate
the matter accordingly.
>
> If you continue to fail in your duties under the Code of
Practice, I will report this separately as non-compliance. For
the avoidance of doubt, I am also submitting a formal complaint
to the DVLA regarding your misuse of keeper data and your
failure to engage properly with the data subject. That complaint
will proceed regardless of the outcome of your internal
processes.
>
> I expect your full response and the required reference number
within 7 days.
>
> Yours faithfully,
>
> [Your Name]
--- End Quote ---
You should also submit the following to the DVLA here:
HTML https://contact.dvla.gov.uk/complaints
Select the "Making a complaint or compliment about the Vehicles
service you have received" option.
--- Quote ---
> I wish to raise a formal complaint regarding Premier Park Ltd
and their breach of the Keeper at Date of Event (KADOE)
contract.
>
> Premier Park obtained my keeper data from the DVLA under the
terms of the KADOE contract, which requires full compliance with
the Private Parking Single Code of Practice (PPSCoP). However,
they have failed to comply with key requirements of that Code.
>
> Specifically, I submitted a formal complaint under Section
11.2 of the PPSCoP, which requires a complaint relating to a
parking charge to be treated as an appeal. Premier Park failed
to consider the appeal on its merits and did not issue a POPLA
code, as they are required to do if rejecting an appeal. They
also failed to deal with the complaint as a complaint under
Section 11.1, and have refused to confirm that their internal
complaints procedure has been exhausted or to issue a BPA
complaint reference number, thereby obstructing escalation.
>
> These failures amount to breaches of the PPSCoP and therefore
a breach of the KADOE contract. I request that the DVLA
investigates this matter and takes appropriate enforcement or
sanction action against Premier Park Ltd.
>
> PCN Reference: [Insert PCN Reference]
> Vehicle Registration Number: [Insert VRM]
--- End Quote ---
#Post#: 63764--------------------------------------------------
Re: Premier Park - Failure to pay for the duration of stay - Pub
car park new
DIR By: RegKeeper
Date: March 22, 2025, 5:26 pm
---------------------------------------------------------
Thanks for the reply.
Just want to check with you. When it says:
--- Quote ---
>
> That section requires operators to engage with complaints in a
structured and transparent way, and where the complaint cannot
be resolved, to confirm that the internal complaints process has
been exhausted and issue a complaint reference number for
escalation to the BPA.
--- End Quote ---
and in the complaint to the DVLA
--- Quote ---
> They also failed to deal with the complaint as a complaint
under Section 11.1, and have refused to confirm that their
internal complaints procedure has been exhausted or to issue a
BPA complaint reference number, thereby obstructing escalation.
--- End Quote ---
Haven't they done that by this line in their complaint rebuttal?
--- Quote ---
> You have now exhausted our internal company complaints
procedure. If you remain unsatisfied by our response you may
contact the British Parking Association (BPA) for further
escalation for complaints pertaining to parking enforcement.
--- End Quote ---
Also would a complaint reference number look like this:
12345678-01PP?
--
And just so I understand when it says:
--- Quote ---
> 9(2)(e)(i) breach – failing to invite the Keeper to pay,
instead stating the driver is liable.
--- End Quote ---
We are attacking their failure to 'invite' the keeper to pay and
just said that the keeper is liable. Instead of an direct
invitation to pay it was information and who is liable, with the
implied threat. And so the whole section is invalidated
In the NtK one of the first lines is "Please pay the reduced
charge of £60.00 now."
And in the 'final reminder' it says "Pay your charge in full"
Could they claim these were invitations?
I looked through Pofa2012 and it does say: "the creditor will
(if all the applicable conditions under this Schedule are met)
have the right to recover from the keeper so much of that amount
as remains unpaid"
Is that actually strong enough to invalidate the whole section?
Even if it were to go to court? Do they have to directly say
something like: "We now invite you, the keeper, to pay the
outstand charge" under this regulation?
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