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  • Here is the copy of the PCN they sent me (redacted by me)
  • Jenni_D said:
    So exactly as I said then ... not authorised = no contract.
    Hi Jenni, thanks again for helping me. 
    I'm sorry to be really dense but can you explain to me how that is the case, just for my own understanding going forward. Thank you!
  • Jenni_D
    Jenni_D Posts: 5,430 Forumite
    1,000 Posts Fourth Anniversary Name Dropper Photogenic
    Jenni_D said:
    So exactly as I said then ... not authorised = no contract.
    Hi Jenni, thanks again for helping me. 
    I'm sorry to be really dense but can you explain to me how that is the case, just for my own understanding going forward. Thank you!
    I've already explained it? If you're not allowed to do something (unauthorised = forbidden) then you cannot create a contractual relationship to do something that you're forbidden from doing, unless the contractual terms allow this. The PCN and sign* you've posted do not - they don't create an offer of parking for a charge of £100 for non-permit holders, do they. ;) Therefore the PCN is a penalty disguised as a contractual charge.

    * As far as I can tell - it's too small to read properly.
    Jenni x
  • Jenni_D said:
    I've already explained it? If you're not allowed to do something (unauthorised = forbidden) then you cannot create a contractual relationship to do something that you're forbidden from doing, unless the contractual terms allow this. The PCN and sign* you've posted do not - they don't create an offer of parking for a charge of £100 for non-permit holders, do they. ;) Therefore the PCN is a penalty disguised as a contractual charge.

    * As far as I can tell - it's too small to read properly.
    Hi Jenni, I'm with you now thank you! 
    And I haven't altered the quality or size of that photo of the sign, thats literally what they sent me. Its pretty bad, I think they gather their evidence on a 0.5 megapixel camera from 1999!
  • Umkomaas
    Umkomaas Posts: 43,333 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Jenni_D said:
    I've already explained it? If you're not allowed to do something (unauthorised = forbidden) then you cannot create a contractual relationship to do something that you're forbidden from doing, unless the contractual terms allow this. The PCN and sign* you've posted do not - they don't create an offer of parking for a charge of £100 for non-permit holders, do they. ;) Therefore the PCN is a penalty disguised as a contractual charge.

    * As far as I can tell - it's too small to read properly.
    Hi Jenni, I'm with you now thank you! 
    And I haven't altered the quality or size of that photo of the sign, thats literally what they sent me. Its pretty bad, I think they gather their evidence on a 0.5 megapixel camera from 1999!
    UKPC are pretty handy at photography!

    https://www.dailymail.co.uk/news/article-3229165/Is-PROOF-private-parking-firms-scamming-motorists-Drivers-say-timings-photos-doctored-legally-parked-cars-issued-fines.html
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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