Tresspass vs PCN

BigPDE

I'm trying to find any info on here about going with a defence of tresspass. The carpark I went into is for "Patrons only" as it states on their signs. The only way you can park there without penalty is by entering your number plate details onto a device in reception. However I was:
1 - Never a patron, so would never go into their premises.
2 - It was 00:15 at night, over 6 hours after the GP practice and pharmacy had closed, so even if I was a patron I could never have entered my details.
I read on parkingcowboys that if the signs show you are not eligible to enter the contract, then actually you can't be chased for breaking contract. As it was never applicable to you. You have tresspassed and only the landholder can chase you for that, not a PPC. If they do they can only chase you for damages, which of course there are none. My question is: "Is the above true and if true is there more risk if accused of tresspass than I believe?"

My primary defence remains that I never saw the signs. I had no reason to park there and certainly wouldn't have if I'd seen the signs. I've provided photographic evidence of just how bad the sign positioning is (PE rejected my appeal) but this item about tresspass seems very interesting to me and I think I should add it to my POPLA appeal along with the poor signage evidence. Thoughts/advice.

P.S. I tried searching for tresspass in this forum but couldn't see anyone else using this approach (probably just missed it).

Further details if they are of any interest.
Car park owned by NHS GP practice. Also used by a Lloyds pharmacy.
To stop people using their carpark to walk to the town centre shops they engaged ParkingEye ANPR. the only way to legitimately park in their car park is to enter your reg into a device in either the GP practice, or the Lloyds pharmacy. At which point you are allow 1.5 hours free parking, or 20 minutes free, respectively.
I was collecting PokemonGo balls late at night (daughter and me play together but she goes through balls like mad) and I saw there was a place to collect them in this car park. Driving in late at night I never saw any sign. Never left my car, collected balls for 19 minutes and left. Went back a few days later during the day for just over 10 minutes, also collecting balls. First I knew about parking control was when I received PCN. There is absolutelly no logical reason for me to be in this car park other than unknowingly.

BigPDE

Hmmm, no replies, I think I'll just have to pay, as it's taking so much of my time, it's cheaper just to pay.

BrownTrout

Lol, you dont get a reply for a few hours to a question and you decide its "cheaper to pay" is that some kind of joke...
You know what they say about fools and their money.........

Guys_Dad

BigPDE wrote: »

Hmmm, no replies, I think I'll just have to pay, as it's taking so much of my time, it's cheaper just to pay.

Some of the regulars work or have families to feed. If you need instant responses, best hire a professional.

Fruitcake

There are only a handful of regulars here, and we deal with about a hundred requests a day. Sometimes a post will quickly slip down the page and not get noticed.

We are all volunteers and give our time and advice freely. It's up to you whether you want to act on that advice, or to pay a bunch of scammers.

Have you read the sticky thread for NEWBIES that answers a lot of your questions?

From what I can gather, you have appealed to Parking Eye and given them the driver's details. That is not advised but cannot now be helped.

Post 3 of the NEWBIES has a number of ready made template appeal points. Forbidding signs will feature prominently at PoPLA if you do decide to appeal.

BigPDE

Hey. No offence meant to anyone. Posted a couple of days ago and almost out of time on discount offer. The reply about paying was simply to see if it would jog any response.

I have read the whole newbie section more than once. I've been reading lots on this and other sites. I'm fairly sure I have a good position based on lack of signs and trespassing rather than being under contract. The only thing I just can't get a view on is the risk if I go with trespassing. If the land owner does pursue me for that how big could the problem be for me? As I'll basically be using it as a defense i won't be able to deny it later.

Yes I think the way I worded my appeal implicitly confirmed I am the driver. .

I appreciate any help. I really do.

BrownTrout

The discount is for literally for mugs who are gullible

BigPDE

Got lucky while reading other posts and found the one titled:
County Court Claim from Parking Eye Ltd (Home Bargains)
Not sure how you link to another post. This post actually goes on to discuss forbidding and tresspass a little at the end. I would still have liked to see if there were some words used about this, but can't find template/example on forbidding in either the newbies section or by searching the forum. But I think I understand the idea and have added it to my POPLA appeal. Which I am about to send.

Le_Kirk

BigPDE wrote: »

Got lucky while reading other posts and found the one titled:
County Court Claim from Parking Eye Ltd (Home Bargains)
Not sure how you link to another post.

Was it this one? and specifically post # 53 on that thread?

BigPDE

Yes, that's the one.

waamo

Why don't you post your POPLA appeal here before you send it. Several sets of eyes might spot something useful