PCN - Premier Parking Logistics

Redx

Once you are absolutely sure of your facts , especially POFA ( as a non driving keeper that day ) , then you can reply with a bullet point checklist like I listed above , as a suitable reply setting out your position as keeper and telling them to refer it back to their client , because the facts will be repeated in your defence to any court claim , no POFA compliance = no keeper liability

However , if PPL complied with POFA , then as keeper you may be liable , your vehicle , your responsibility , that's what POFA does !

So POFA is key here

Umkomaas

Just to triple check

Why are you asking me that?  If you don't trust my advice, simply put me on the forum's 'ignore' list, then you'll never have to double check, let alone triple check, as you won't see any of my posts thereafter.

akramir

Redx said:

Once you are absolutely sure of your facts , especially POFA ( as a non driving keeper that day ) , then you can reply with a bullet point checklist like I listed above , as a suitable reply setting out your position as keeper and telling them to refer it back to their client , because the facts will be repeated in your defence to any court claim , no POFA compliance = no keeper liability

However , if PPL complied with POFA , then as keeper you may be liable , your vehicle , your responsibility , that's what POFA does !

So POFA is key here

Hey - trying to locate the compliance post on newbie….. but I’m hoping it’s a quick confirmation whether this NTK is POFA compliant…

any guidance is much appreciated!

akramir

Umkomaas said:

Just to triple check

Why are you asking me that?  If you don't trust my advice, simply put me on the forum's 'ignore' list, then you'll never have to double check, let alone triple check, as you won't see any of my posts thereafter.

Sorry I trust you! Thanks for all the great advise and guidance so far!

Umkomaas

To all intents and purposes, that NtK is PoFA compliant. Splitting hairs, the PoFA para 9(2)(f) should read 8(2)(f), but to me that would be like trying to split the hair on a flea on the back of a gnat, one you would need to be able to confidently argue all the nuances of the Act in front of a Judge. Lots of reading and understanding needed.

As you seem unable to even determine overall PoFA compliance of the NtK, I don't think I'd be recommending you try to take this tack, which, even with the best of arguments, the chances of a Judge just shrugging his shoulders and saying 'typo' are high.

Redx

Agreed , your legal points for any Defence won't be based on POFA and no keeper liability , so will rely on the following

No Landowner authority
Poor and inadequate signage
Forbidding signage
No parking contract offered to the driver

Grace periods

Snakes_Belly

Whilst this not be the strongest defence point and may be more suited to the WS it may be worth a mention 

The driver was picking up a child from school. Could not stop outside the school as on the red route. How old was the child? Driver could hardly leave a young child to wander around. The store was closed so no loss of business to the store. I would think that would be some defence against the Beavis case. Probably only there for a few minutes.

The best defence point is the poor signage and markings. This is typical of a WW car park.

It's funny how some of the worst car parks are run by PPC's with Premier or Excel in their names and directors with double barrelled names. 

akramir

Thank you guys for all the help here - much appreciated. Child is 9 years old.

I will compile a bulleted reply and share with the group.

I will reply to DCBLegal via the options they have made available. Please point me to any templates I can use as a starting point to my response back stating the above defence points.

Redx

There are no such templates on here , this isn't a legal forum , we just give informed opinions on private parking topics

houndsoflove

Check the landowner contract carefully as the one I had from PPL was abysmally put together, littered with errors with odd lines on making it look like someone had photocopied the signature on.  In addition check the contract is with the landowner via a land registry search (costs a couple of quid).