Premier Park Ltd - ** WON AT POPLA **

[ericsbrother]

Photographs of the 2 places and the signage at the entrance to both of them would be good,

that would then probaly kill any prospect of the claim going further.

 

If anyone can help you in obtaining these images that will be much appreciated so any caggers in that area?

 

For the moment you have to appeal to Premier Park so a simple

" there was no breach of the contractual conditions as stated in your notice so no monies are due to you".

 

 

Let them reject this and send you the details of the "independent" adjudicator's appeals process.

This will cost them money and you can then attack them with other reasons that you just havent mentioned already.

[DreamEater]

Only just seen this reply, thread emails were going to my spam folder.

 

Is there a template for this letter?

I'm unsure of how to write these letters,

as I'm worried about leaving myself open to other things by writing it the wrong way.

 

Regards,

DreamEater.

[armadillo71]

Only just seen this reply, thread emails were going to my spam folder.

 

Is there a template for this letter? I'm unsure of how to write these letters, as I'm worried about leaving myself open to other things by writing it the wrong way.

 

Regards,

DreamEater.

 

You're that worried that you don't look at your thread for three weeks... ?

 

You have your response in ericsbrothers post.

[dx100uk]

as simple as post 26

 

 

or see parking prankster site?

[ericsbrother]

just write what I put in inverted commas and then leave it for them to respond. Post up their response and we go from there.

[DreamEater]

You're that worried that you don't look at your thread for three weeks... ?

 

You have your response in ericsbrothers post.

 

I can be worried that I don't want to mess the reply up, but busy enough in my personal and work life that I have forgotten about sorting this out.

 

as simple as post 26

 

 

or see parking prankster site?

 

just write what I put in inverted commas and then leave it for them to respond. Post up their response and we go from there.

 

Cheers, I have written it as simply as you have stated and will post it tomorrow.

[DreamEater]

I have some photos.

 

This is the sign at the entrance.

Looking down the entrance

[DreamEater]

Hi, They have replied with a rejection and a popla code.

 

How should I proceed?

 

 

Thanks.

[ericsbrother]

signage is not a contract as it offers nothing to consider and either accept or reject.

Doesnt say why you will be charged £100.

 

 

At best this sign is an "invitation to treat" and at worse just a piece of street art but it is certainly not a contract.

 

 

The rejection letter doesnt mention your appeal grounds at all

and so it can be argued that it wasnt properly considered but just automaticlly rejected.

 

 

Doesnt matter for POPLA but if they want to sue you for the money

they will have to show that someone actually properly considered your appeal

otherwise you havent had one and any action they take is premature.

 

Use POPLA as they get charged for the pleasure and the determination is not binding on you.

 

reasons for appeal:-

You do not believe that Premier Park Ltd has the assigned authority of the landlord to offer contracts to the public,

nor to make claims and take civil action for breaches of any such contracts in their own name

and so demands sight of any such contract

 

 

No contract offered by signage so nothing to breach,

no indication of the core terms of any supposed contract,

no indication who is offering a contract for you to consider or reject,

 

 

the notice to keeper/driver was insufficient to create a liability by either driver or keeper.

[DreamEater]

I have put my POPLA code in to the website and it has given me 5 options to choose from for the appeal.

Which would be the best option for me?

 

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[ericsbrother]

I was not improperly parked fits OK as you cannot be improperly parked if they have no rights to make a claim.

[DreamEater]

I was not improperly parked fits OK as you cannot be improperly parked if they have no rights to make a claim.

 

Sorry for all the questions, but I really don't want to mess it up with the wrong thing. What should I select here? It's multiple choice.

 

[ericsbrother]

I was not improperly parked

 

you could use other (as the signage isnt unclear, it is just rubbish)

[DreamEater]

you could use other (as the signage isnt unclear, it is just rubbish)

 

Thanks, I'm going to copy your reasons for appeal and upload the picture of the sign on entry, should I also upload the unedited pictures of the NTK + NTD and the Rejection Letter?

[ericsbrother]

not necessary as they will be passed on by parking co in their evidence. make sure that you demand copies of all of Premier Park's evidence bundle. If POPLA refuse to hand this over say you demand sight of it under CPR 31.2

[DreamEater]

not necessary as they will be passed on by parking co in their evidence. make sure that you demand copies of all of Premier Park's evidence bundle. If POPLA refuse to hand this over say you demand sight of it under CPR 31.2

 

Done! Thanks so far for all the help, we'll have to wait and see what POPLA say.

 

Cheers

[DreamEater]

Hi,

 

Have received the case file on Tuesday.

 

Should I redact it or send it directly to someone?

 

I have until Tuesday (it says 7days) to make comments on it.

[dx100uk]

case file?

[DreamEater]

case file?

 

Your parking charge appeal against Premier Park.

 

We have now received Premier Park’s case file. If you have not received your copy then please contact Premier Park directly.

 

You have seven days from the date of this correspondence to provide comments on this file. You can do this on the track existing appeal area of our website.

 

Any comments that you make after this time may not be considered as part of the appeal process.

 

Once this time has passed we will progress the appeal for assessment. We will let you know when this happens.

 

Yours sincerely

 

POPLA Team

[armadillo71]

Hi,

 

Have received the case file on Tuesday.

 

Should I redact it or send it directly to someone?

 

I have until Tuesday (it says 7days) to make comments on it.

 

Post it up suitably redacted please.

 

We can then use the day left to add to your intial appeal... which you better post up as well.

[ericsbrother]

things to look for,

 

 

are the images of the signage actually images of the signs at the site

 

 

or just standard computer generated mock-ups (very common).

 

 

Have they included a copy of their contract with the landowner that assigns the right

to enter into contrcats with motorists and make legal claims in their own right?

 

Anything they have sent that seems odd?

 

 

post it up

[DreamEater]

Post it up suitably redacted please.

 

We can then use the day left to add to your intial appeal... which you better post up as well.

 

Page 19 of the PDF has my appeal.

 

things to look for,

 

 

are the images of the signage actually images of the signs at the site

 

 

or just standard computer generated mock-ups (very common).

 

 

Have they included a copy of their contract with the landowner that assigns the right

to enter into contrcats with motorists and make legal claims in their own right?

 

Anything they have sent that seems odd?

 

 

post it up

 

The signs look to be of the site. But I only saw the one at the entrance, and one more exactly like the entrance one. At no point did I see this one "contract" sign.

 

No contract of the landowner, just a witness statement that says they have a contract.

 

Nothing else looks strange, but I'm not used to looking at these things.

 

Not sure what time I have left to add comments, it was delivered by email last Tuesday afternoon (31st)

 

EDIT: I'll have to reply by PC, when replying via safari, the subscription, which notifies me by email gets deleted when I reply.

appeal .pdf

[DreamEater]

Bump

[honeybee13]

Hello there.

 

I expect the forum guys will be along over the course of the day. Please bear with them, as they have day jobs.

 

I'm sure they'll be here when they can.

 

HB

[ericsbrother]

I could tell you that I have a contract with someone to collect money for parking

but unless I can show it then it doesnt really exist.

 

 

I would demand sight of the contract and say that any claim of "commercial confidentiality" is spurious

as it is a requirement of the law that they prove their claim

and that POPLA should make a Nowrich Pharmacal Order demand if they still wont make it available.

 

 

It is just another method of the parking co's to avoid their claims failing when they know they have no rights to make them.

 

 

This is not a matter of evidence it is one of jurisprudence so get the demand in to the solicitors

and insist on a response from them as to why they are happy with Premier's inadequate letter