IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

How can a third party - 'the keeper' be responsible for someone else's alleged contract?

Options
135

Comments

  • Ralph-y
    Ralph-y Posts: 4,706 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    "The driver is an NHS Ambulance employee"

    own private car or NHS vehicle?

    Ralph B)
  • Totum20
    Totum20 Posts: 13 Forumite
    10 Posts
    Fruitcake said:
    Totum20 said:
    But first task is check if POFA applies , did the NTK comply ?
    As Redx says - are you assuming that the NTK is a POFA one or have you fully compared it to para 8 or 9 of sch4?
    It does comply. To the letter. My only avenue is to question their right to patrol that area - which i'm looking into.
    Are you saying all the signage is on a par with that in the Beavis case? 
    I can see no fault with it. The only point I would challenge is that it has no explanation of how to obtain written permission from them. I can post an image if more experienced eyes than mine may be able to spot a chink in their arlour :smile:
  • Ralph-y
    Ralph-y Posts: 4,706 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    yes post up

    Ralph B)
  • Totum20
    Totum20 Posts: 13 Forumite
    10 Posts
    Ralph-y said:
    yes post up

    Ralph B)
    It was a private vehicle. The NHS deal with PCN to their own vehicles as a matter of course.


  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    edited 13 July 2020 at 1:10PM
    Is it possible to get a scan of the PCN itself? (Redacting any identifiable info such as your name/address/vehicle reg/PCN reference/date of event)

    I think the questions about POFA compliance refer to the PCN not the sign.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 13 July 2020 at 1:17PM
    The modus operandi is to reject all appeals regardless of circumstances , the parking contract is the trap set by signs , the PCN is the hook to real them in , the fish jumps from hook to frying pan despite the protestations and there is no mitigation due to the greed of the claimant

    We have no issue in you protecting the driver , but you are stating that the PCN complies fully with POFA , so as keeper the liability remains with you for the time being , so no landowner authority and poor and inadequate signage are your main criteria

    IPC members aren't interested in mitigation or platitudes , so don't get your hopes up

    A judge might decide in the drivers favour , but you are not naming the driver
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    Other than perhaps Parking Eye, do any PPCs have POFA-compliant PCNs/NTKs?
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 13 July 2020 at 1:29PM
    Yes , there are others , 8 years seems to focus their minds , but many still fail POFA compliance , especially IPC members

    Even Parking Eye can fail , usually on the 14 days timescale in their case

    Signage is the more likely failure , as is no landowner authority
  • Totum20
    Totum20 Posts: 13 Forumite
    10 Posts
    Redx said:
    Yes , there are others , 8 years seems to focus their minds , but many still fail POFA compliance , especially IPC members

    Even Parking Eye can fail , usually on the 14 days timescale in their case

    Signage is the more likely failure , as is no landowner authority
    Yes. I'm relying on the landowner authority, which I'm investigating at the moment. I'm not playing any hands until I've established that.

    Everyones help so far has been invaluable. So thanks :) Its greatly appreciated.
  • Totum20
    Totum20 Posts: 13 Forumite
    10 Posts
    DoaM said:
    Is it possible to get a scan of the PCN itself? (Redacting any identifiable info such as your name/address/vehicle reg/PCN reference/date of event)

    I think the questions about POFA compliance refer to the PCN not the sign.
    Sure. I think they've really learned to clean their act up. Mistakes are weaknesses so they seem to have stopped making them.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.1K Banking & Borrowing
  • 253.2K Reduce Debt & Boost Income
  • 453.7K Spending & Discounts
  • 244.1K Work, Benefits & Business
  • 599.2K Mortgages, Homes & Bills
  • 177K Life & Family
  • 257.5K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.