Author Topic: Mistakenly thought parking was for row of shops (Read 781 times)

DWMB2 · « **Reply #15 on:** July 23, 2024, 12:12:16 pm »

If it does go to court, your partner will be the defendant. You can assist, and possibly sit beside to offer quiet advice as a McKenzie Friend, but they would be required to attend if it went to a hearing.

b789 · « **Reply #16 on:** July 23, 2024, 12:27:07 pm »

You can even represent them and talk on their behalf as a lay representative, as is your right. The defendant would have to be present but you could do all the talking.

In the meantime, as suggested by @DWBM2, send a SAR to the DVLA using this form:

https://assets.publishing.service.gov.uk/media/62692f63d3bf7f0e7d5b3dc6/make-a-subject-access-request-to-dvla-form-mis1065_270422.pdf

It is fairly straight forward and can easily be done using a PDF editor. For the following question: "Tell us what specific information you need about your vehicles" you can put this:

I am seeking information on which companies have accessed my registered keeper data from your database.

I would like to receive a detailed record of all entities that have accessed my registered keeper data, including the dates of access and the reasons for which my data was requested.

This information is requested to ensure that my personal data is being processed appropriately and to verify that there are no improper activities concerning the handling of my information.

The completed form can be emailed as a PDF attachment to:

subjectaccess.requests@dvla.gov.uk

The response will be by post and can take a while to arrive. I tis not required to progress this case but will be useful information.

johnboy1967 · « **Reply #17 on:** July 23, 2024, 12:45:58 pm »

The bays were not specifically marked for disabled.

johnboy1967 · « **Reply #18 on:** July 23, 2024, 12:54:10 pm »

I will contact DVLA today. So which letter should I use to send appeal. The driver has asked me to say thank you all so much for all the help you have already provided.

b789 · « **Reply #19 on:** July 23, 2024, 12:54:43 pm »

That's OK. As blue badges were mentioned, I just wanted to clarify in what context. This fact would be used as possible mitigation circumstances but is not really relevant to the way forward being proposed.

b789 · « **Reply #20 on:** July 23, 2024, 12:56:19 pm »

Quote from: johnboy1967 on July 23, 2024, 12:54:10 pm

I will contact DVLA today. So which letter should I use to send appeal. The driver has asked me to say thank you all so much for all the help you have already provided.

I suggest you send the following text as the appeal from the keeper:

Quote

As the keeper of the vehicle, I decline to identify the driver. I deny that I owe any debt and challenge the Parking Charge Notice (PCN) [PCN Number] issued on [Date] at [Location], in which you allege that the driver is liable to pay a parking charge to you, Premier Parking Enforcement Ltd, as the creditor.

The signage at the car park clearly states that the creditor is Walton Wilkins trading as Premier Parking Logistics Ltd, not Premier Parking Enforcement Ltd. Since Premier Parking Enforcement Ltd has issued the PCN but is not the named creditor on the signage, you do not have the legal standing to enforce this charge.

Therefore, I suggest that the PCN be cancelled immediately. If Premier Parking Enforcement Ltd believes they have the authority to act on behalf of Premier Parking Logistics Ltd, I suggest that they provide evidence of this authority, such as a contract or agency agreement between the two companies.

Additionally, I require evidence of a contract flowing between the landowner and either Premier Parking Logistics Ltd or Premier Parking Enforcement Ltd. Neither company are stakeholders in the land, and without such a contract, there is no basis for either company to issue or enforce a PCN on this property.

I do not wish to engage in a secondary appeal through the Independent Appeals Service (IAS), as their reputation as a biased and non-independent body makes it a waste of time for all parties involved. Any offer of such an appeal will be disregarded.

Please take careful note, as this appeal will be used in evidence should this dispute ever reach court. If you refuse to cancel the PCN, there must be no passing or transfer of my details to a third-party debt recovery agent (DRA). Instead, you should issue a claim for the alleged debt in the County Court, where I will vigorously defend myself and you can expect a thorough examination by the judge.

Furthermore, any deviation from this requested path, including involving a third party for debt collection, will be considered harassment under the Protection from Harassment Act 1997 and a breach of GDPR under the Data Protection Act 2018. Such actions may result in a Part 20 counterclaim against you for any distress and inconvenience caused by these breaches.

johnboy1967 · « **Reply #21 on:** July 23, 2024, 02:12:59 pm »

You just couldn't make this lot up, there is no viable email address on that page. Should I phone them to get the correct appeal address. ppeappeals.atriahub.co.uk I can imagine it could be ppeappeals@riahub.co.uk but is it done deliberately to prevent appeals.
https://imgur.com/a/qFZezQC

b789 · « **Reply #22 on:** July 23, 2024, 02:24:00 pm »

https://ppeappeals.atriahub.co.uk works for me. Just use the webform. Keep a copy of what you actually paste into the webform.

Or, email the pdf attachment to info@premierparkingenforcementltd.com

Or simply email the appeal as the body of the message.

Make sure you CC in yourself.

DWMB2 · « **Reply #23 on:** July 23, 2024, 02:33:34 pm »

Ideally submit this online, via the website listed on the notice you've shared, linked above by b789

johnboy1967 · « **Reply #24 on:** July 23, 2024, 02:55:29 pm »

Done it. I had tried to email the address when in fact it was a webpage. All sent and notification received that they have got the appeal. Thank you all for your patience and effort. I will let you know the outcome

slapdash · « **Reply #25 on:** July 23, 2024, 03:48:44 pm »

If you are trying not to out the driver your post 13 does just that.

b789 · « **Reply #26 on:** July 23, 2024, 03:58:00 pm »

Quote from: slapdash on July 23, 2024, 03:48:44 pm

If you are trying not to out the driver your post 13 does just that.

It doesn't really matter in this case as the PoFA technical failure would never be accepted by the PPC nor the IAS.

johnboy1967 · « **Reply #27 on:** July 23, 2024, 09:20:49 pm »

I have received an email from this company. I have removed names and reg but can put them in if needed, it reads as follows.... Any advice on how I proceed with this.
Thanks

PCN: 3 - VRM: Y UNAUTHORISED PARKING
Yahoo
/
Inbox

Premier Parking Enforcement

From:
info@premierparkingenforcementltd.com
To:
j

Tue, 23 Jul at 14:51

Thank you for the email,

I have read and investigated your particular appeal and unfortunately your claim has been unsuccessful for the following reasons:

Parking is for Patrons only while they are using the Pepes Premises, you failed to provide proof of purchase of using the shop and was seen walking past the premises.

You were issued with a parking charge notice for: UNAUTHORISED PARKING
this is private land and the terms and conditions state: PARKING IS PERMITTED FOR PATRONS ONLY WHILE THEY ARE USING THE PREMISES AND PARKED IN THE DESIGNATED BAY.

Please see Photographic Evidence at www.payppe.co.uk (This is not a link) of your vehicle failing to comply with the sites terms and conditions

If you believe this decision is incorrect you are entitled to appeal to the independent Appeal Service (IAS) in order to appeal,You will need you Reference number,your vehicle registration and the date the charge was originally issued.
Appeals must be submitted to the IAS within 21 date of the above date to be added to the site within 24 hours. Please visit www.theias.org for full details

Please note that should you wish to Appeal to the IAS the charge will be £100 if rejected.
To avoid further actions you will need to make a payment of £60

This is to be paid at the reduced rate within 14days,which needs to be paid within 14days of the above date
failing to pay in the required time will incur further costs.

Payment can be made on our 24 hour Telephone payment line 01302513249 or can be paid by cheque or postal order to the address at the bottom of the mail.

PLEASE NOTE YOUR APPEAL HAS BEEN REJECTED THEREFORE WE ARE UNABLE TO ANSWER ANY FURTHER CORRESPONDENCE ON THIS APPEAL.

Regards,
Premier Parking Enforcement Ltd

By accepting receipt of this information you agree to use this information in line with GDPR, the Data Protection Act 1998 and any other relevant legislation and guidelines. Privacy Policy at info@premierparkinglogistics.com/privacy-policy

Tel: 0121 236 1878
Email: info@premierparkinglogistics.com

Address:

Block 3, Mint Drive,

Hockley, Birmingham
B18 6EA

DWMB2 · « **Reply #28 on:** July 23, 2024, 09:37:53 pm »

Ha! That might be a world record for the quickest appeal rejection we've seen.

Essentially, unless you want to chance your arm with the kangaroo court that is the IAS*, it's a case of waiting to see if they try to sue. In the meantime, await the response to your DVLA subject access request too.

*part of me would be curious to see how they would deal with an appeal that raises the sole issue of the creditor being different to the one on the signage.

johnboy1967 · « **Reply #29 on:** July 23, 2024, 10:43:37 pm »

I will happily take your advice and wait to see what they do. I too was shocked at the rapid reply.
I will keep you advised on progress.

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Author Topic: Mistakenly thought parking was for row of shops (Read 781 times)

DWMB2

Re: Mistakenly thought parking was for row of shops

b789

Re: Mistakenly thought parking was for row of shops

johnboy1967

Re: Mistakenly thought parking was for row of shops

johnboy1967

Re: Mistakenly thought parking was for row of shops

b789

Re: Mistakenly thought parking was for row of shops

b789

Re: Mistakenly thought parking was for row of shops

johnboy1967

Re: Mistakenly thought parking was for row of shops

b789

Re: Mistakenly thought parking was for row of shops

DWMB2

Re: Mistakenly thought parking was for row of shops

johnboy1967

Re: Mistakenly thought parking was for row of shops

slapdash

Re: Mistakenly thought parking was for row of shops

b789

Re: Mistakenly thought parking was for row of shops

johnboy1967

Re: Mistakenly thought parking was for row of shops

DWMB2

Re: Mistakenly thought parking was for row of shops

johnboy1967

Re: Mistakenly thought parking was for row of shops