Premier Park Lease Car vanishing Windscreen PCN, - not within lines - 5 mins stay - Grand Junction, Earl Street, Crewe CW1 2AQ

[St3v3]

 

Looking for some advice please

1 Date of the infringement 13.07.2023

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 17.07.2023

 

3 Date received Leasing co received it on the 20.07.2023, I received it 24.07.2023
 

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
 

6 Have you appealed? [Y/N?] post up your appeal] Not yet

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

7 Who is the parking company? Premier Park

 

8. Where exactly [carpark name and town] Grand Junction, Earl Street, Crewe CW1 2AQ

For either option, does it say which appeals body they operate under. Appeals only to :appeals.premierpark.co.uk

I called in at this car park, went into a shop, asked one of the shop assistants if they had something in stock, they told me they didnt and i left the shop. Total length of visit less than 5 minutes.

There was no ticket on my car when I returned, the first I knew of it was when I was notified by the leasing company that I had received a PCN.

I was confused as I didnt think there was a charge to park on this car park, but to be honest I dont go to Crewe very often and I thought it may have changed.

However when i checked the PCN it said the charge was for " Not parked wholly within  bay".

I checked the photo supplied and to me it looked like I was nicely in the bay.

I had to zoom right in ( Zoomed photo added) to see that my back wheel was very slightly on the edging strip. Not over a white line. not on a path, not parked across 2 bays but an inch on the edge.

Any advice on my response ( if any is required) would be gratefully received

 

2023-07-17 PP PCN for incident13-07-23.pdf

[dx100uk]

just ignore them.

the PCN should have been affixed to your windscreen not sent in the post.

await the NTK

dont do anything, until/unless you ever get a letter of claim.

 

[Nicky Boy]

St3v3,

I see you've had a couple of these before that look on the forum like they just petered out to nothing...

So, you're a veteran!

Just follow DX's advice, but be sure not to miss any letter before/of claim.

Not intended as an insult but, hopefully we won't hear from you again...

[lookinforinfo]

Your PCN is not available at the moment

can I just ask if the PCN was all you received from them. What you should have received is a copy of the PCN they sent to the hire company; a new PCN possibly headed Notice to hirer; a copy of the hire agreement you have with hire co. plus the declaration which you signed confirming that you are responsible for traffic infringements.

if you didn't get all those documents you are not liable for the charge as explained by The protection of Freedoms Act 2012 Schedule 4 Section 14 [2][a]        

the creditor may recover those charges (so far as they remain unpaid) from the hirer.

(2)The conditions are that—(a)the creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper;

And 13.2 states 

(a)a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement;

(b)a copy of the hire agreement; and

(c)a copy of a statement of liability signed by the hirer under that hire agreement.

 

[Nicky Boy]

Hi LFI,

DX has re upladed the pcn.

Looks like the OP has only received the original PCN from his leasing company so far...

Hope the leasing co haven't billed you for this "service" by the way St3v3?

[St3v3]

Thanks everyone, I know I have posted a couple of these before, Nicky Boy , but always good to check that the rules havent changed.

The leasing company have said that they will levy an "admin fee", I have already questioned the validity of this if the charge isnt enforceable. I havent mentioned theprotection of Freedoms Act 2012 yet   .They are checking the lease agreement as they feel it is a legitimate charge. We'll see.

Not had the NTK yetwill update as /if any further correspondence is received in case it helps anyone else , as I am sure mine isnt the only one being given out on that car park.

 

Thanks again

[dx100uk]

no its not ok to charge an admin fee for a speculative invoice. it is not a fine! and their t&C's will mention what they can charge for with is typically traffic offences and council/TfL penalty charge notices etc . not a parking charge notice from a private parking company.

who are the hire co?

tell them to jog on and if they have charged one complain about it and go do a chargeback as i expect you pay them via a debit card? or is it a DD?

[lookinforinfo]

I suppose one can make allowances for the Leasing company. But not premier Park.They have got nothing right after sending the Leasing co. the PCN'.

What they should have sent you is a new PCN giving you 21 days to pay -not the 28 days there usually is. The morons have sent you the 28 day PCN. The protection of Freedoms Act has been in force since 2012 so one would have thought they should have their paperwork in order given that eleven years have elapsed. Because they sent the wrong PCN you have not been offered the discount either which you would have with the Notice to hirer.

Any way the wrong PCN and the lack of copies of the documents from  the Lease company mean that you as the hirer are not liable to pay them a single penny.  Happy days.

You could tell the Lease company that once they have complied with the first PCN which was to send your documents to Premier Park means they cannot be pursued further for the charge.

Then tell them to read Section 13 and 14 of PoFA 2012 so that they understand why they  are not liable to pay the speculative invoices. And help their hirers by telling them that if they do not receive the correct paperwork they are not liable to pay the charge either. [I explained it in my earlier post]