UKPC Court claim

TommyG5

I can show you the picture of the sign they have sent me, which i do not know if it is accurate. They also sent a photo of the sign they took when the issued the charge

TommyG5

That is not a bad scan, that is the quality of the photos. My argument is really it was night and there were no signs in the area and not at the entrance to the development, therefore no contract

salmosalaris

Is this Swan Housing ?

TommyG5

No it is not, unless thats the name and i dont know!

salmosalaris

TommyG5 wrote: »

No it is not, unless thats the name and i dont know!

So "no unauthorised parking" indicates there is no genuine offer to those that are not meant to be there . No offer = no contract = no binding t &c
Were you an authorosed parker ?

TommyG5

Visiting a friend at the development, so yes i would say i was authorised. They do not have visitors permits here so...

salmosalaris

So you have photos of where you parked ?
The sign obviously reads that to park within a marked bay you need a permit . You can park elsewhere but not within hatched areas, on double yellows or on a roadway

TommyG5

I do but they are basically black so not much use in uploading them, ill pm a link to you

TommyG5

The sign they have taken a picture of, I do not know where that is as there are none in the area. None of the signs in the area or at the entrance are lit, so late at night how can the driver be expected to see them and enter into a contract?

leeda84

TommyG5 wrote: »

I will go and do a measure up of the signs then, when I check out there locations tomorrow!

Pay particular attention to the entrance sign. (the Ts &Cs signs may well be smaller due to BPA COP minimum being 0.2 square metre but its worthwhile checking, just in case)

BPA COP (June 2013) states:
"Entrance signs play an important part in establishing a parking contract and deterring trespassers. Therefore, as well as the signs you must have telling drivers about the terms and conditions for parking, you must also have a standard form of entrance sign at the entrance to the parking area. Entrance signs must tell drivers that the car park is managed and that there are terms and conditions they must be aware of.

Notice the word 'must' - this is an order for the PPC, not a suggestion. If the entrance sign was erected illegally then it should help build up the no contract formed aspect of your defence.