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#Post#: 63769--------------------------------------------------
Re: Premier Park - Failure to pay for the duration of stay - Pub
car park new
DIR By: b789
Date: March 22, 2025, 7:24 pm
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Do you have a complaint reference number? I have no idea because
you only showed us the content of their rejection. If you do
have a complaint reference number then edit accordingly.
With reference to the “invitation” to pay the charge, where does
it say anywhere in the legislation that any obligations are
inferred? The legislation clearly states thatnthe notice MUST
invite the Keeper to pay the charge.
The same way that there can be no inference that the Keeper, on
the balance of probabilities, must also be the driver, the
notice cannot simply infer that the recipient is invited to pay
it. The notice does not infer that and neither does it
explicitly invite the Keeper to pay it. It does say that the
driver is liable for the charge, but that is not what PoFA
9(2)(e)(i) requires.
Plenty of other operators manage to have an explicit invitation
for the Keeper to pay the charge. They have had since 2012 to
try and get this right. Some simply think that because they
mention PoFA, they are covered. However, PoFA requires that ALL
the conditions are complied with. Just like pregnancy, you
either are or you aren’t. Being partially or even mostly PoFA
compliant is NOT fully PoFA compliant.
I have discussed this point many times with a District Judge and
after careful explanation of my point, as above, he agreed that
if it was put to him like that, he would agree that the notice
is not fully compliant with all the requirements of the act.
That is a fact.
#Post#: 63834--------------------------------------------------
Re: Premier Park - Failure to pay for the duration of stay - Pub
car park new
DIR By: RegKeeper
Date: March 23, 2025, 12:27 pm
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In the response there is a complaint number in the format
12345678-01PP, but on first look I thought that was just their
internal complaint number not the BPA complaint number that we
asked for, they didn't make it clear.
So do I still send the response to them? Considering that they
have told me I exhausted their complaints procedure and they did
supply a complaint number?
--- 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 ---
I edited out those parts:
--- Quote ---
> Dear Sir/Madam,
>
> Your response dated [insert date] fails to discharge your
obligation under the Private Parking Single Code of Practice
(PPSCoP).
>
> 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.
>
> 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 ---
And to the DVLA
--- 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.
>
> This failure 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#: 63847--------------------------------------------------
Re: Premier Park - Failure to pay for the duration of stay - Pub
car park new
DIR By: b789
Date: March 23, 2025, 12:54 pm
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--- Quote from: RegKeeper link ---
>
> In the response there is a complaint number in the format
12345678-01PP, but on first look I thought that was just their
internal complaint number not the BPA complaint number that we
asked for, they didn't make it clear.
--- End Quote ---
I have no idea what that number refers to. Try using it and see
what the response is.
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