3. Premier Park - Failure to pay for the duration of stay - Pub car park new
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Premier Park - Failure to pay for the duration of stay - Pub car park new
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Hi all.

I wonder if you could have a look at this NTK and reminder to see if there is anything I could fight with this PCN.

This is already at the debt collector stage as the NTK and Reminder weren't originally received because of incorrect address on V5C (corrected now).

A parking ticket was purchased for 2 hours.

I can post the debt collector letter aswell if needed. I also have pics of the signs and ANPR cam locations.


Thanks for your help.

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Re: Premier Park - Failure to pay for the duration of stay - Pub car park new
« Reply #1 on: »
Un-redact dates/times etc. from the NtK - they are important. Also post signage/cams etc. - anything else relevant you have (not debt collector letters)

Were you/the driver a customer of the pub? Have you complained to the pub?
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Re: Premier Park - Failure to pay for the duration of stay - Pub car park new
« Reply #2 on: »
Thanks for replying. I’ll upload them as soon as I get home.

Yes the driver was a customer of the pub.

I haven’t contact the pub yet no, there is a sign in the car park saying that they don’t have anything to do with it. But I will email them to try at least.
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Re: Premier Park - Failure to pay for the duration of stay - Pub car park new
« Reply #3 on: »
Do you know if the land is part of the Pub?
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Re: Premier Park - Failure to pay for the duration of stay - Pub car park new
« Reply #4 on: »
Simply updating your V5C address with the DVLA after receiving a PCN sent to an old address, does not alter the fact that the operator holds an incorrect address for service which puts you in the danger of receiving a CCJ by default.

Before you do anything else, you MUST send a Data Rectification Notice DRN to the Premier Park DPO, instructing them to update their records with your current address for service and to erase your old address. The highlighted words are there for a reason and you should use them.

You can get the DPO contact address in Premier Parks privacy statement on their website. It should have an email address you can use but if you use snail mail, make sure you send it first class with a free proof of posting certificate from any post office. Never use registered/recorded delivery which is expensive and at best can only prove non delivery.

When you’ve submitted your DRN, come back for advice on how to proceed with dealing with your PCN.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Premier Park - Failure to pay for the duration of stay - Pub car park new
« Reply #5 on: »
This is the original email I sent to change my address:

-------
Dear Sir/Madam,



Please send all correspondence regarding car with registration **** to:

***Correct Address***

Please can I ask you to resend any previous correspondence to the above correct address:

***Correct address***

Please erase from your records the incorrect address of:

***Incorrect address***

I have attached for the purposes of proof the V5C logbook for ***Reg*** and a bank statement.

Thank you for your time.

Yours faithfully,

***Name***

--------------

After further research on this forum I then sent this one the next day:

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Dear Sir/Madam,

Car Registration: ***Reg***

I am writing to request the rectification of my personal data under Article 16 of the UK General Data Protection Regulation (UK GDPR). I instruct Premier Park Ltd to update their records to reflect my current address for service:

***Correct Address***

Additionally, I request that you erase any other address or addresses you may currently hold for me in compliance with Article 17 of the UK GDPR.

It has come to my attention that a Parking Charge Notice (PCN) may have been issued and sent to an address that is now out of date. To ensure compliance with data protection laws and to avoid any further miscommunication, I require you to rectify this issue by updating your records accordingly.

Furthermore, if my personal data has been shared with any third parties, I instruct you to ensure that they also rectify their records and erase any incorrect or outdated address information. Under Article 19 of the UK GDPR, it is your responsibility to notify such third parties of the rectification or erasure of personal data.

To verify my identity and current address, I am providing a copy of my V5C document. This document serves as sufficient evidence for data verification purposes.

Please confirm in writing that:

1.My address has been updated in your records.
2. All other addresses held have been erased.
3. Any third parties with whom my data has been shared have been notified to rectify or erase my data.

I also request that any time frames/time limits and processes for any outstanding Parking Charge Notices be reset due to the possibility that correspondence has not been received, allowing the opportunity to appeal. Furthermore, I request that all correspondence be resent to the above address allowing sufficient time to respond.

Yours faithfully,
---------

Yesterday they responded to my first email:

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Dear ***Name***

We write in response to the below email.



Please accept this email as confirmation that we have updated your address on our systems and have notified Debt Recovery Plus of the same.

Whilst we note that you have requested erasure of your prior address, as this was provided by the DVLA, due to our obligations we are unable to erase the same.

We note your request for correspondence previously sent and can confirm that we have attached the same to this email for your perusal.

If, for any reason, you are dissatisfied with this response you have the right to raise a complaint with the Information Commissioner’s Office (ICO) via https://ico.org.uk/make-a-complaint/. 

Prior to making a complaint, you may wish to contact the ICO helpline on 0303 123 1113, which will advise you in relation to your rights and our obligations under Data Protection legislation. 

We thank you for contacting us.

---------

They, as of yet, haven't responded to my second email.
« Last Edit: March 15, 2025, 08:56:17 pm by RegKeeper »
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Re: Premier Park - Failure to pay for the duration of stay - Pub car park new
« Reply #6 on: »
Here is a picture of one of the signs:

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Re: Premier Park - Failure to pay for the duration of stay - Pub car park new
« Reply #7 on: »
You need to un-redact the dates on the NtK.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Premier Park - Failure to pay for the duration of stay - Pub car park new
« Reply #8 on: »
Here you go :)

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« Last Edit: March 15, 2025, 09:07:12 pm by RegKeeper »
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Re: Premier Park - Failure to pay for the duration of stay - Pub car park new
« Reply #9 on: »
The Notice to Keeper (NtK) is not fully compliant with all the requirements of PoFA. There is a sentence on the back which states:

"If we are required to take further action to recover the Parking Charge the amount due may increase up to£170."

You may ask why this invalidates Keeper liability under PoFA. PoFA, Paragraph 4(5) states:

"The maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper under paragraph 9(2)(d)."

POFA Paragraph 9(2)(d) states:

"The notice must—specify the total amount of those parking charges that are unpaid, as at a time which is—specified in the notice;"

• This strictly limits the amount recoverable from the keeper to the sum stated in the NtK under Paragraph 9(2)(d) which is £100.
• If the NtK states that the amount may increase beyond this, it fails to comply with PoFA because it misrepresents the potential liability of the keeper.

An NtK must be fully compliant with all the requirements of PoFA for the operator to transfer liability from the driver to the keeper. If an operator includes a non-PoFA compliant demand (e.g., suggesting an increase to £170), the NtK is defective, meaning they cannot hold the keeper liable—only the driver (if identified) can be pursued.

Court Rulings & Legal Precedent

In Excel v Wilkinson (2022), the judge ruled that debt recovery charges were not legitimate and that attempts to inflate the charge beyond what was stated in the original NtK were unenforceable.

Courts have also criticised misleading language in NtKs that misrepresent the true liability of the keeper.

The second PoFA failure is that there is no invitation for the Keeper to pay the charge. PoFA 9(2)(e)(i) states:

"The notice must-state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—

(i)to pay the unpaid parking charges; or

(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;

The NtK says that the driver is liable to pay the charge and tells the Keeper to provide the drivers details and to pass the notice on. However, as the Keeper is under no legal obligation to provide the drivers details, the only element that is fulfilled is the requirement to pass the NtK on to the driver. There is no invitation to the Keeper to pay the charge.

The notice must "invite" the Keeper to pay. Even if the actual word "invite" is not used, then with the use of a synonym there must be a clear invitation. There isn't. There can be no inferred obligation.

So, the operator has failed to fully comply with all the requirements of PoFA. Just like you can't be a little but pregnant, you either are or you aren't, then they can't just be a bit compliant with PoFA. They either are fully compliant or they are not. In this case, they are not.

What this means is that you should follow this advice for now:

There is no legal obligation on the known keeper (the recipient of the Notice to Keeper (NtK)) to reveal the identity of the unknown driver and no inference or assumptions can be made.

The NtK is not compliant with all the requirements of PoFA which means that if the unknown driver is not identified, they cannot transfer liability for the charge from the unknown driver to the known keeper.

Use the following as your appeal. No need to embellish or remove anything from it:

Quote
I am the keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. Premier Park has relied on contract law allegations of breach against the driver only.

The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtK can only hold the driver liable. Premier Park have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.
« Last Edit: March 15, 2025, 11:39:01 pm by b789 »
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Premier Park - Failure to pay for the duration of stay - Pub car park new
« Reply #10 on: »
Quote from: Dave65 on March 15, 2025, 10:48:04 am
Do you know if the land is part of the Pub?

I used the free service on the land registry website and it stated that the area of the car park fell under "***Pub Name** and grounds" so I guess I can assume that it is.

In either case I've emailed the pub to ask if they can intervene but as of yet haven't heard anything back.
« Last Edit: March 16, 2025, 11:05:13 am by RegKeeper »
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Re: Premier Park - Failure to pay for the duration of stay - Pub car park new
« Reply #11 on: »
@b789

Thank you for that, seems promising especially with that court ruling!

I am passed the time allowed for appeal on the Premier Park website and just get this message:

---

This PCN has been transferred to our Debt Recovery Agent
Please contact us if you wish to enquire about this PCN

---

But they also state:

---

APPEALS CANNOT BE CONSIDERED OVER THE TELEPHONE OR BY SENDING AN E-MAIL. WE CURRENTLY ONLY ACCEPT APPEALS SENT USING THE ONLINE FORM BELOW OR SENT TO US BY POST.

---

So at this point should I just wait for the LOC to come through as I can't get a POPLA number if I can't make a claim with the company correct?

Thanks
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Re: Premier Park - Failure to pay for the duration of stay - Pub car park new
« Reply #12 on: »
If you send a formal complaint they are required to consider it as an appeal according to the PPSCoP section 11.2.

Send the following to complaints@premierpark.co.uk and CC in yourself:

Quote
Subject: Formal Complaint & Appeal Under PPSCoP Section 11.2 – Incorrect Service of PCN & Keeper Liability Dispute

PCN Reference: [PCN Reference]

Dear Premier Park,

I am submitting a formal complaint under Section 11.2 of the Private Parking Single Code of Practice (PPSCoP)regarding the procedural handling of Parking Charge Notice [PCN Reference]. As this complaint concerns a parking charge, you are required to consider it as an appeal and, if rejected, issue a POPLA code so that I can escalate the matter.

1. Formal Complaint – NtK Not Correctly Served

The Notice to Keeper (NtK) was originally sent to an incorrect address for service because, at the time, my V5C had not yet been updated. As a result, the NtK was not "given" to me in accordance with Paragraph 9(6) of the Protection of Freedoms Act 2012 (PoFA) within the required timeframe.

By the time I received the NtK, it was too late to appeal within your standard deadlines. Upon receipt, I immediately served a Data Rectification Notice (DRN) to update my address, which you have since acknowledged.

Under PPSCoP Section 11.2, you must treat this formal complaint as an appeal and respond accordingly.

2. Appeal – No Keeper Liability Under PoFA

Even if the NtK had been properly served, it fails to meet the strict requirements of PoFA, meaning I cannot be held liable as the Keeper.

(a) Misrepresentation of the Amount Recoverable (PoFA 4(5))

The NtK states:

"If we are required to take further action to recover the Parking Charge, the amount due may increase up to £170."

This contradicts PoFA Paragraph 4(5), which states:

"The maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper under paragraph 9(2)(d)."

-PoFA strictly limits the amount recoverable from the Keeper to the sum stated in the NtK, which is £100.
-Stating that the charge may increase misrepresents the Keeper’s liability and renders the NtK non-compliant.

This fact is already fully established in persuasive appellate case law in Excel v Wilkinson (2022), where the court ruled that inflating charges beyond the original NtK amount was unenforceable.

(b) No Invitation for the Keeper to Pay (PoFA 9(2)(e)(i))

PoFA Paragraph 9(2)(e)(i) requires an NtK to:

"Invite the keeper to pay the unpaid parking charges; or if the keeper was not the driver, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver."

Your NtK fails to include a clear invitation for the Keeper to pay. Instead, it:

-States that the driver is liable to pay.
-Tells the Keeper to provide the driver’s details and to pass the notice on.

As the Keeper is under no legal obligation to identify the driver, the only fulfilled requirement is to "pass the NtK on." There is no explicit invitation for the Keeper to pay, meaning the NtK is defective under PoFA.

3. PoFA Compliance is an All-or-Nothing Requirement

PoFA is like pregnancy—you either are or you aren’t. You cannot be “a little bit” pregnant, just as an NtK cannot be “a little bit” PoFA compliant.

For an NtK to trigger Keeper liability, it must be fully compliant with every requirement of PoFA. Your NtK fails multiple PoFA requirements, meaning it does not transfer liability to the Keeper. The only party that can be held liable is the driver, who has not been identified.

4. Resolution Required

As this is a formal complaint and an appeal under PPSCoP Section 11.2, you are required to:

1. Provide a response to this complaint and appeal.
2. If you reject my points of appeal, issue a POPLA code so that I can escalate the matter.

Please confirm your response within 14 days, as required under the PPSCoP.

Yours sincerely,

[Your Name]
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Premier Park - Failure to pay for the duration of stay - Pub car park new
« Reply #13 on: »
Sent! Amazing write up thanks for your time and effort!

Are we expecting them to reject this appeal and then we get a POPLA code or is there a possibility they could give up at this stage?
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Re: Premier Park - Failure to pay for the duration of stay - Pub car park new
« Reply #14 on: »
They don't accept appeals. No money in that.

They will send a POPLA code and you can try your luck there.
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