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Here is the copy of the PCN they sent me (redacted by me)
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Jenni_D said:So exactly as I said then ... not authorised = no contract.
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!0 -
cloudinspector said:Jenni_D said:So exactly as I said then ... not authorised = no contract.
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!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 x1 -
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.
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!0 -
cloudinspector said: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.
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!
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 Street2
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