PPS/Gladstones/BW Windscreen PCN PAPLOC Now Claimform, - Not Parked In Allocated Bay - Premier Inn, Southernhay Exeter

[keljon]

in a rush for a meeting today i parked in what i thought was a bay but on returning to the vehicle a parking charge notice had been attached to my vehicle stating "Not Parked in Allocated Bay"

 

1 The date of infringement 22/3/2017

 

2 Have you yet appealed to the parking company yet? N

 

have you received a Notice To Keeper? (NTK) Not yet

 

5 Who is the parking company? Premier Parking Solutions

 

6. where exactly [Carpark name and town] did you park? Premier Inn, Southernhay Exeter

[Bazooka Boo]

Do NOTHING until you receive the notice to keeper.

[dx100uk]

go get lots of pictures of ALL the signs

entrance sighs

signs at the machines

 

 

dx

[ericsbrother]

was the meeting in the Premier Inn?

The term "allocated" is the important bit, allocated to whom by whom?

If you were there on business then they should cancel the ticket.

 

 

Try the venue first and then get on to head office if the venue say they cant- rubbish but they normally dont want to say the wrong thing by saying yes and then have to go back on their word because someone on a massive salary hasnt read what they signed.

Dont contact the parking co whilst this is happening. Dont give an email address to anyone either.

[Homer67]

As above - complain loudly to the Venue and use their Social Media presence to do that so you get maximum notice, tell others how they treat their Customers.

[keljon]

its 2 month later and have received nothing

[ericsbrother]

good, keep any pictures, letters etc safe through, they are known to reappear 2 years or longer later when they thik you have binned it all.

[keljon]

ok they have finally written to me, my car is leased and there is a copy of what VW UK must have sent them also enclosed.

they have addressed me as Ms when i'm actually a Mr

[ericsbrother]

we need to know the date on the letter and the date the lease co got it.

 

Obviously sight of the NTK would be very helpful as the chances are it is not compliant with the POFA to create a liability anyway.

 

With lease cars there is a funny problem of the lease company identifying the driver when this isnt necessarily so, just the person who signed the lease agreement.

 

The wording of the law as to who is the driver is again slightly vague so it is possible that if you dent being the driver at the time and the lease allows others to drive the vehicle then there is no-one to chase.

That wont necessarily stop the parking co though.

 

I also note they write a notice to hirer.

This isnt applicable either and there is nothing in the POFA that has such a notice.

 

Usual IPC backed abuse of ther law with bothe the appeal time and the notice itself..

The NTK wont be POFA compliant either but it may be worth asking them for a copy.

 

now, what have you done regarding contacting the venue and getting them to cancel. you have been silent on this most important matter

[keljon]

i havent contacted the venue, the meeting wasn't at the venue, i was just using the parking as its convenient.

i am however a premier inn business customer, is it still worth speaking to them?

 

its a personal Lease so im the only person who would be able to drive the car, so i need to ask the lease company for the NTK?

[ericsbrother]

of course it is.

Leaving it this late may dissuade them from helping you though,

you should have jumped at it 2 months ago.

 

 

All advice here is based upon things done to keep to a protocol.

You win if the parking co doesnt follow theirs but you can also lose because a judge thinks that you havent helped yourself in any way by not doing everything you can to keep the matter out of court.

 

Ultimately the reason for the ticket is rubbish and generally well understood to not be a contractual matter but it is always less stressful to get teh matter knocked on the head before then

 

yes. It will make little difference as they have named you as the driver but always useful to know as their notice to hirer is nonsense as stated.

 

So, your partner or children cannot drive the car under any circumstances?

What does the lease say EXACTLY on this point.

Room for doubt and thus challenge as to the identity of the driver if it is less rigid than you think.

 

You have to start being more proactive on this from now on so get some pictures of the signage at the site,

from the entrance off the public highway

and any scattered around the site that are different.

 

 

also of the space where you were parked and anything that indicates a different contractual condition such as "no parking" or whatever painted on the ground..

[keljon]

The first reply to my post said

Do NOTHING until you receive the notice to keeper.

so thats why i waited

 

thats my car in the space

 

the empty space

 

and another of the empty space, you can see its missing the right hand white line hence their not in an allocated bay claim

 

i don't have pictures of the signs unfortunately and its a 100 mile round trip to get them although i am frequently passing so could get them next time i am passing.

 

whats my next steps then?

no problem following protocol as long as i know what it is

[ericsbrother]

signage conditions will probably make a mockery of their ticket reasoning.

It still begs the question allocated by whom and how is this condition expressed to the motorist for consideration.

If it said not parked in a parking bay that would make more sense if the signage had soemthing to say on this matter

 

The first reply to your post is a standard holding position to stop you just firing off a letter to the parking co and dropping yourself in it before you have received advice that fits your circumstances, which all of the following posts did.

 

 

You have to use a bit of common sense on these matters but in truth no damage done, just means it will take more time to resolve

[dx100uk]

KJ

I've taken all your images down as its not fair on people using mobiles or slow internet as its eats data and wastes time.

pop them and the letters back up as a MULTIPAGE PDF and attach them

that way people can choose to download them.

 

 

follow the upload

 

 

dx

[keljon]

PDF attached so whats my next steps?

docs1 .pdf

Edited June 1, 2017 by dx100uk
8Mb docs reduced to .3Mb and ref number redacted - dx

[ericsbrother]

write to premier and say you have received an unwarranted claim for parking in a manner that is not actually a breach of contract and so you request that they inform the parking co to cancel the demand.

 

 

Let them know that it will do their (premier's) reputation no good whatsoever if they decide to do nothing about this.

 

 

Also tell them that you will not be engaging in an appeal with the parking co as any company that issues false claims isnt an honest broker and membership of the IPC rather proves this point but you will take the matter much further if necessary.

[BazzaS]

And what if premiere say "OP wasn't staying / using our hotel for the meeting, so we are happy for the parking co. to charge them...."?

[ericsbrother]

It isnt going to happen as that would be admitting that the parking co is employed to falsely issue tickets to penalise people as a deterrent and that is contrary to the law and that would land Premier in hot water.

[BazzaS]

"Parking company employed to ensure parking made available to our customers and not to non-customers (or to non-customers only at a higher rate)" wouldn't be contrary to law.

 

What would be arguable would be if the T's & C's didn't allow non-customers, and then what Premiere Inn should be doing is using the PPC to identify non-customers ; where what the land owner should then be doing is suing for trespass .....

[ericsbrother]

then that would mean that the parking co isnt offering a contract and might as well not be there. The Landonwer would then lose the trespass claims unless it was pay parking and they could thus recover the lost revenue but nothing more

[BazzaS]

trespass to land is actionable per se.

Thus a claim could succeed even with no lost revenue, so "recover the lost revenue but nothing more" is clearly incorrect.

[ericsbrother]

bo//ocks. A loss (not necessarily financial) has to be proven and that is after proof of interference with the right of possession and inviting people on to your land rather limits any claim, especially if you havent asked the person to leave. So, we agree that it is not criminal trespass but the failure of the landowner to actually ask the person to leave means no trespass has occurred IN THIS CASE, which is the only one that is up for discussion.

[BazzaS]

Landowner doesn't have to ask person to leave for it to be trespass.

A sign saying "hotel residents / clients only" would suffice to establish trespass for a hotel where you might try to claim there was an implied right of access for the public.

 

Since you are again saying "a loss must be proven" do you dispute that trespass to land is actionable per se?

 

Trespass to land does not require proof of damage for it to be actionable in the courts.

From : http://www.inbrief.co.uk/land-law/trespass/

[dx100uk]

can we bat on the same side please gentlemen...

we are here to help not argue.

 

 

dx

[keljon]

ok so do i still send my letter to Premier Inn or is deemed a waste of time, if so what are the next steps?