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Traspass?

Just_Ice_2
Just_Ice_2 Posts: 2 Newbie
edited 4 October 2014 at 6:18PM in Parking tickets, fines & parking
I got a CBC when parked in my joint residents/shop car park. I was parked in a privately noticed space but have never seen proof that these private spaces are owned by the shops and indeed as there is a sign that says RESIDENTS PARKING ONLY we have always parked in any space with impunity (8 1/2 years in my case). There is also a sign from "Ethical Parking Management" stating fines and contractual obligations.
1. Does this plethora of signs that seem to contradict each other give good reason to appeal?
2. Does the fact that the contract is stated with Ethical Parking Management (their trading name) and not Ethical Parking Ltd (the company) mean that in fact it is not a contract at all as you can't have a contract with a trading name?
3. Does the fact that the gentleman who issued the ticket actually had to cross my land to issue the ticket constitute trespass and therefore would negate the ticket?

Also is it best to appeal ASAP or leave it until I get threatened?

Would be grateful on any advice,

Comments

  • Dee140157
    Dee140157 Posts: 2,864 Forumite
    Part of the Furniture Combo Breaker Mortgage-free Glee!
    Read newbie thread and follow advice there. (See my signature).
    Wait for NTK and appeal as per post 1.
    Newbie thread: go to the top of this page and find these words: Main site > MoneySavingExpert.com Forums > Household & Travel > Motoring > Parking Tickets, Fines & Parking. Click on words Parking Tickets, Fines & Parking. Newbie thread is the first post. Blue New Thread button is just above it to left.
  • Coupon-mad
    Coupon-mad Posts: 161,392 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I agree with Dee, wait for the Formal Demand/Notice to Keeper to arrive in the post then appeal as REGISTERED KEEPER as the POFA 2012 gives you more appeal points than a driver can use.
    1. Does this plethora of signs that seem to contradict each other give good reason to appeal?
    Yep but then there are always grounds to appeal and win ANY private parking ticket.
    2. Does the fact that the contract is stated with Ethical Parking Management (their trading name) and not Ethical Parking Ltd (the company) mean that in fact it is not a contract at all as you can't have a contract with a trading name?
    Yep you can include that argument at POPLA stage if you like (along with the usual winning POPLA appeal points shown in the Newbies thread post #3).
    3. Does the fact that the gentleman who issued the ticket actually had to cross my land to issue the ticket constitute trespass and therefore would negate the ticket?
    He is no gentleman! Yes you could argue that at POPLA stage but be careful to stay in 'keeper mode' NOT driver.

    So for now you just file the PCN somewhere safe & just read the NEWBIES thread so you are ready to appeal and know what to say. Wait for the first letter, in November/December.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Thanks so much Dee and Coupon-mad for your helpful advice. Will wait it out and act on your advice as appropriate. Watch this space!
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