PCN issued on a private, unadopted road

jackRlnd

Coupon-mad wrote: »

Read CEC16's thread right now (NO LINK) and see the posts about the hearing. You need to know that these charges are a scam and that there is lots that can kill them off.

just finished reading the thread. brilliant stuff.

will certainly add parts of this to my defence statement. Am i correct in saying that the main aim of this is to remove the extra £60 "contractual costs" from the total amount claimed?

Coupon-mad

Yes that is correct but because Soton Judges strike out the entire claims now, we hope other Judges may take the same view when they see the issues.

So we will be getting the transcript of the case after waiting to see if Britannia appeal.

jackRlnd

as a side note, whilst I would like to avoid having to pay the PCN, I am more interested in ensuring that CPM can no longer mange the parking in this area. Does anyone here have any recommendations for solicitors who I can potentially hire to look at my case to see whether this is possible?

Coupon-mad

jackRlnd wrote: »

as a side note, whilst I would like to avoid having to pay the PCN, I am more interested in ensuring that CPM can no longer mange the parking in this area. Does anyone here have any recommendations for solicitors who I can potentially hire to look at my case to see whether this is possible?

NO, you would be wasting your money and are better off getting the residents to get together and write to the Managing Agent like this:

https://forums.moneysavingexpert.com/discussion/5997200/pcm-company-introduced

And put black binbags over all the signs and take photos to prove it.

Just dug up the letter that came with the permit:

Quote:
Please see enclosed a visitor parking permit. Please ensure your visitors and contractors put this clearly visible in their vehicles if the [sic] park along the controlled parking area on [Road]

This is an informal arrangement between [Land owner] and yourself. Please only use this for your own visitors and contractors. We expect this to work without any problem – however we do reserve the right to stop this arrangement if it is not working.

We suggest you keep this visitor permit on the cardboard back and your visitors/contractors place it on their dashboards.

From a legal perspective, is there anything here I could potentially use in my defense?

Defence (no 's').

YES - that is golddust, think about what it says!

:T

jackRlnd

Coupon-mad wrote: »

NO, you would be wasting your money and are better off getting the residents to get together and write to the Managing Agent like this

As I'm not a resident in the development that has contracted PPC to manage the parking, I'm unsure as to how to act on this. I would presume that the majority of the leaseholders (or owners of the company that owns the freehold) agreed to this int he first place

YES - that is golddust, think about what it says!

you'll have to forgive me, I'm terrible when it comes to stuff like this. Is it because it's an 'informal agreement' that they cannot enforce it on me?

The_Deep

They are claiming that you breached a contract, but if there was no contract, as appears to be the case, there can be no breach.

WRT getting them thrown off the site, I suggest that you post on here.

https://forums.landlordzone.co.uk/

jackRlnd

The_Deep wrote: »

They are claiming that you breached a contract, but if there was no contract, as appears to be the case, there can be no breach.

does this 'informal agreement' supersede any contract specified on the signage?

Coupon-mad

Yes, because these were the instructions that came with the permit!

Please see enclosed a visitor parking permit. Please ensure your visitors and contractors put this clearly visible in their vehicles if the [sic] park along the controlled parking area on [Road]

This is an informal arrangement between [Land owner] and yourself. Please only use this for your own visitors and contractors. We expect this to work without any problem – however we do reserve the right to stop this arrangement if it is not working.

We suggest you keep this visitor permit on the cardboard back and your visitors/contractors place it on their dashboards.

So it was an informal agreement between the landowner and residents.

No relevant contract.

No relevant obligation.

No parking charges.

No onerous terms.

No mention of a parking firm.

No mention of other terms to read on signs that form part of the 'agreement'.

They just say 'we suggest' you do this 'please'.

jackRlnd

Coupon-mad wrote: »

They just say 'we suggest' you do this 'please'.

so even if I did not comply with the terms on the signs, the fact that I have the permit and they only 'suggested' they be placed on the dashboard is a valid defense?

brilliant if this is the case.

In order to prevent any other poor souls (who might not have had such an informal agreement with the land owners) from having to pay any PCNs, would it still be a good idea for me to challenge the actual use of CPM by the land owners to enforce parking on the road? Can the judge even rule that?

Umkomaas

would it still be a good idea for me to challenge the actual use of CPM by the land owners to enforce parking on the road? Can the judge even rule that?

No and No.