Jump to content


  • Tweets

  • Posts

    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, 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; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
    • Weaknesses in some banks' security measures for online and mobile banking could leave customers more exposed to scammers, new data from Which? reveals.View the full article
    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Premier CCTV PCN - 10 mins waited on double yellow lines at Euro car parts Gatwick 80 Crawley, West Sussex Rh10 9pl


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 412 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi i waited on double yellow lines at Euro car parts crawley  RH109pl  for a space to become available

i was no more then 10 mins before parking and never left the car

i saw no signs till after i parked ln a space,

 

a few days later i received a fine from Premier park ltd .

 

Ive since spoken to police to see if ive broken the law as road is not a public road .

i now have a debt recovery letter from debt recovery plus  .

 

original letter does not state time i entered and exited the road or how long i was parked there .

ive been back a few times to check out signage and taken pictures .

 

Should i challenge this if  it goes to court ? .

 

Thanks in advance  .

Link to post
Share on other sites

Hi welcome to the forum.

 

Debt recovery are an unregulated debt collector who can be completely ignored every time-they have no power at all. You can also ignore Premier except if further down the line until they send you a Letter of Claim. We have any number of snotty responses should they try that. 

 

In the meantime could you please fill out the attached questions and that will show us where they have gone wrong already in their dealings with you so don't worry.

 

And don't appeal nor reply to them since they may learn who was driving and under the Protection Of Freedoms Act  that can be an advantage in your favour.

 

Link to post
Share on other sites

it is NOT a FINE

and any road markings on private land are mere tarmac graffiti.

 

dx

 

  • Like 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • dx100uk changed the title to Premier PCN - 10 mins waited on double yellow lines at Euro car parts crawley RH109pl

For clarity its a Civil Invoice for Breach of a contract Premier Parking deem you to have accepted and breached, there is a 10 minute Grace period set down by their trade body you were waiting for a space, you parked in first to become available. on those barebones they don't have much hope.. Don't appeal there is no legal compulsion to name a driver under POFA, unlike a police  notice for a speeding ticket.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

1 Date of infringement   10 /4/2021

 

2 Date on the NTK   15/4/2021

 

3 Date received  16/4/2021

 

4  Does  the NTK mention schedule 4 of the protection of freedoms Act2012      yes

 

5  Is there photographic evidence of the event       yes (pic of my car ) on the dyl

 

6  Have you appealed        No

 

7   Who is parking company        Premier Park

 

8  where  exactly (car park name and town)        Gatwick 80 Crawley, West Sussex Rh10 9pl

 

For appeals online appeals.premierpark.co.uk or write to Appeals Department, premier park Limited PO BOX 624 Exeter EX1 9JG 

   Operating in accordance of British Parking Association Code of Practice .

   This is what i received  do you need any more information ?

Link to post
Share on other sites

  • dx100uk changed the title to Premier PCN - 10 mins waited on double yellow lines at Euro car parts Gatwick 80 Crawley, West Sussex Rh10 9pl

then they've screwed up

as its an operator picture so they should have issued a windscreen ticket 

and the NTK should have been issued 29-56 days later not 4.

 

totally ignore them until/unless you receive a letter of claim

 

scan up bothside of anything anyone has sent you to one mass PDF

ensure you remove anything that tHEY can use to ID your anon login here 

also remove any QRCODE OR BARCODES and little ref number down the boarders.

just remove your reg from the photo but leave in all times/dates etc etc.

 

read our upload guide carefully

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

HI ,

Is operator picture same as ANPR as they only have them on the wall in this car park by dyl not on entry to or exit points .

plus NTK thats just my name on pcn a wk after incident?

 

letter does not have to say NTK as they got my details quick off dvla ? .

 

The way im reading this do nothing as £60 original fine ignored went up to £100 after 14days as  now debt recovery plus now involved its now £170 with their bit added (snakes ) wait for a letter of claim b4 i do anything ?

Link to post
Share on other sites

please dont use txt spk.

 

anpr cameras are at entry/exit, and only detect reg numbers.

 

so yours appear to be via CCTV? or someone paid by the fleecers to go take photos of 'victims' and dob them into the fleecers for a backhanders?

 

please scan up your NTK as advised

 

where are you getting this idea you have been FINED from?

only a council can fine you for parking and thats on the public highways not private land.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

As DX indicates different rules and timescales apply to
ANPR and CCTV/Operator photo's  and as mentioned its an Invoice founded under Contract Law not a FINE. 

Looks like they haven't enough to rely on a contract being formed by messing up the timescales.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

  • dx100uk changed the title to Premier CCTV PCN - 10 mins waited on double yellow lines at Euro car parts Gatwick 80 Crawley, West Sussex Rh10 9pl

they cant add £15 penalty fee because you haven't paid.

and they also cannot charge 50p payment processing fee

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

If thery were to try court and added the penalty fee in as part, it could be challenged on that head also.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

Where you parked is a service road off the Gatwick road that back in 2020 before Premier Park got their sticky fingers involved. Then it appeared to be covered by the Road Traffic Act so I don't see how it can now be a private road. Did you see any signs when you came off the Gatwick road that this was a private area or was it just the parking places that the signs related to. 

It would help if you could get pictures of the signage especially where the first one is that should advise that you are entering private land. At the moment it doesn't look as if they are entitled to ticket vehicles on this road.

Link to post
Share on other sites

Well done for getting photos so quickly.

 

There is one sign for Manor Royal Business district.

 

Was that sign on the road on which you were parked? If so it is a road maintained by crawley council and is not relevant land. 

 

So Premier cannot slap PCNs on motorists parked on the road. 

Link to post
Share on other sites

The signs on the post on the way out   .

 

Where the cameras cover  i managed to get pictures of  EEZEHAUL drivers stopping on the lines to load unload deliveries and contacted them .

 

I spoke to managing director a pleasant women whom I've recorded saying they get permission form the landlord to do so

 

Cameras say no exceptions  .

Cameras are fixed to their building  

would not  give landlord details to me 

Link to post
Share on other sites

That sign says ANPR controled by Police, so if not parked on the Private Land but the road they are out of luck  CCTV not ANPR they are using?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

Ignoring the signs that aren't Premier Park's, plus their silly one which just tells you there are some signs somewhere, it seems there are just two.  One in the stratosphere.  The other in the middle of the double yellow lines area which wouldn't be seen by anyone parking in the first half of that area.  So carp signage can ne added to the encyclopedia of reasons as to why their case is pants.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

You said in your first post that the road you parked in was not a public road. Does that mean that you know it was a private road ? It certainly appears to be road governed by the Road Traffic Act given the Police reference on one of the signs. Can you tell us what you know of this road that may be within the Manor Royal Business District.

Link to post
Share on other sites

In the PCN they state you were parked on Gatwick-80  RH10 9PL  which I think is The Drive. Were you parked in the Drive or elsewhere?  I can only find Q roads used in Fife not in Crawley. What key words did you use on Google to get it was a Q road.

You also posted up a succession of different parking signs including one from Manor Royal -was that on The Drive please?

Link to post
Share on other sites

Hi not sure where  the drive is ? .I dont even know the road name  i always thought  it was just a junction off gatwick rd the road leads to euro car parts and eezehaul site ,Road does not go anywhere  . I googled. pcn at euro car parts crawley it came up on money saving expert site 

Link to post
Share on other sites

if you look on google nosey neighbours you can see the CCTV cameras on the tall warehouse wall , the images there are 2021 too, but you can't see the disturbed  curb stone as i think the RAC van is in the way. it's a private road too.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...