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Premier Parking ANPR PCN overstay Station Road Car Park, Royal Wootton Bassett

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Hey guys,

 

Just had a speculative invoice from our friends over at Premier Park stating I owe them £60 for overstaying alongside a nice pretty picture my vehicle.

 

 

The catch?

I still have the parking ticket which clearly shows my reg number correctly inputted alongside the amount of time I parked for.

 

The ANPR states I arrived at 11:53, I paid for my ticket at 11:55 for 2 hours parking, ANPR shows me leaving at 13:41 with my ticket being valid until 13:55.

 

Now, my question is:

Do I bother appealing through their website with slam dunk evidence that they're full of garbage; or do I just ignore them and let them waste more time contacting me knowing that it will never go anywhere?

 

My one reservation is

- the last character of my index is an O and the type face on the ticket makes it appear like a 0 as all of the characters on the ticket are squashed to fit the index in.

 

I think this may be the angle they try and come at me with even though I know for sure I typed an "O" in on the machine.

 

Your thoughts?

 

1 Date of the infringement 07/03/2017

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] Not dated

 

3 Date received 17/03/2017

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] Yes

 

5 Is there any photographic evidence of the event? Yes - ANPR

 

6 Have you appealed? {y/n?] post up you appeal] Not yet

Have you had a response? [Y/N?] post it up N/A

 

7 Who is the parking company? Premier Park

 

8. Where exactly [carpark name and town] Station Road Car Park, Royal Wootton Bassett

 

My apologies, the "PCN" is dated 14/03/2017 - wouldn't let me edit the original post.

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for starters you never appeal through their web site. Ever. All this does is give them a method of harassing you for free so consider writing an appeal witha pen and posting it. That wat it costs them money to chase you. Before you do read the parking pranksters blogspot post on dodgy ticket machines and you will see that this is a common problem with both a faulty machine and more importantly dodgy ANPR misreading the characters of your reg no.

 

When you have read that post on his blog ( last month I think, certainly this year) come back here and let us know and then we will help compose a suitable foff letter and it will quote the court case lost by the parking co becasue of their not fit for purpose systems. you can then invite them to cancel or cut to the chase and try explaining things to a judge as you know they dont have a leg to stand on.

 

Hopefully they wont bother with the intermediate stage of getting a toothless dca to write scary letters and realise that it is not their day

Edited by honeybee13
Paras.

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Hello,

 

Thanks for your reply - I've read the parking pranksters blog. Looks as if it got thrown out in court due to it being the responsibility of the company to prove the ticket machine/ANPR system were correctly working, which they failed to do.

 

In this instance I really don't know how the system could be so shoddy, it literally has my complete registration listed on the ticket I have in my possession.

 

Would appreciate some guidance in relation to the foff letter, I think I understand the majority of the contents required but wouldn't want to miss anything! Thanks.

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Hi

I have just looked on Streetview and the signs say 30 minutes free and then £4 for 12 hours. I assume the machines allow payment for less than 4 hours so the signs are misleading.

 

I feel you should appeal the ticket as you have proof of payment. Enclose a photocopy of the ticket. NEVER send the original! These get 'lost'.

 

You will get knocked back but they must include a POPLA appeal code so that you can take it higher. Even if you get the wrong decision from POPLA, Premier can only get their payday by taking court action and as you can prove you paid, the claim should fail.

 

The inputting of the wrong letter/number has been discussed over the net and in court where claims have been shot down. The simple answer to this problem is to link the ANPR camera with the payment machine. This would stop erroneous entries but the parking companies know this flaw and will do anything not to do it as it will affect their bottom line.


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OK short letter to the parking co:

 

Their ref No

 

Dear sirs,

you have sent me a demnd for payemnt due to a breach of the parking condition s at ( location) on the xxth of Mar 2017.

 

As I purchased a ticket, inputting the correct details and paying the prescribed fee there has been no such breach of contract so your claim is false.

 

It is not my fault that your unfit for purpose ANPR system is erroneous and you have failed to use any form of qauality control or even common sense to work this out for yourselves.

 

If what I say was false and your ANPR was right you wouldnt have been able to obtain my details from the DVLA so it is apparent that you are both incompetent and greedy.

 

You should now cancel the charge or risk me suing you for your breach of the DPA by obtaining my keeper details in a manner that breaches your KADOE contract as per the decision of VCS v Philip, Liverpool CC dec 2016.

 

A copy of this letter will also be sent to the BPA as they are your trade association and it is only proper they should be made aware of your failure to show due care in obtaining and processing of people's personal data.

 

Send that by post ( never email for many reasons) and send a copy to Patrick Troy at the BPA as a complaint.

 

Not a lot will happen because of it but when someone collates all of the data for reconsidering the current law then it will make a difference

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Noted the above, will write the letter tomorrow and get it out to our friends at PP and BPA alongside a scan of the ticket/letter. Thanks

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Hey guys,

 

Quick update for you: nothing back from Premier Park, however I did receive a reply from the BPA basically saying they have no interest in this complaint.

 

The letter reads "As a membership association we are only able to address enquiries in relation to alleged non-compliance with the BOA Approved Operator Scheme (AOS) Code of Practice". The letter goes on to list the fact that DVLA processes, fraudulent activity and DPA breaches are not within their remit.

 

Just in case the above is of any relevance to you!

 

Will update once I have something back from our friends at Premier Park. Interesting how the BPA managed to read the letter, formulate and send a response before we've got a peep from Premier Park!

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they are deliberately ignoring the substance of the letter which is their their member is flouting their rules.

If they sanctioned members for breaching their rules they would soon have no members as you could not say that any of them were squeaky clean

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I had a reply from our friends at Premier Park today and assuming I've read it correctly, I think you're going to like this one:

 

"We write to acknowledge receipt of your recent letter regarding the issuing of PCN ........

 

Please be advised that your details have been removed from this PCN."

 

Whilst slightly ambiguous, I assume what they mean is - we're sorry for being wildly incompetent, you win?

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What an odd response. :|

 

Regardless, it certainly sounds like they've thrown the towel in on this one. File everything away for safe keeping, just in case.

 

Well done :thumb:


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HUH!!!

 

I would love to add the word CANCELLED next to the thread title but I can't. Removing details from a PCN means very little. I would wait a while just to see if anything crawls from the woodwork.

Keep the letter safe as well just in case it means what we think it means.


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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I think that letter would be a dynamite defence if someone was ever stupid enough to try a court case :whoo:


We could use your help

PLEASE HELP US TO KEEP THIS SITE RUNNING

 

 

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.

 

If I've helped you at all, please feel free to click on the little star under my posts and leave feedback :)

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It is indeed a very strange reply. The idea of them "removing my details" from the PCN is an odd one. Logically you'd think a PCN with the details of the registered keeper being removed would result in the PCN ceasing to exist, as at that point theoretically there's no one to pay the invoice?

 

No POPLA number in the reply might point towards them knocking it on the head aswell?

 

Strange situation to say the least! Is it best practice to sit and see if this unfolds any further, or send them a letter asking them to clarify what they actually mean?

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Just sit on it, why waste your own time prompting them to sort their act out.

 

File the letter away somewhere safe, and then if they ever were stupid enough to try and take you to court, you've got the golden ticket that will see their case go down in flames in spectacular fashion.


We could use your help

PLEASE HELP US TO KEEP THIS SITE RUNNING

 

 

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.

 

If I've helped you at all, please feel free to click on the little star under my posts and leave feedback :)

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keep both afe for a couple of years just in case they suffer a cashflow problem and have to find a new income stream.

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