Is this sign enough to form an enforceable contract?

rennes99

Hi all, as per the title really - would this sign, and it's wording, be deemed sufficient to form a contract, one for which a Driver parking without displaying a permit could be pursued in court, for breach of contract? Let's assume to amount being pursued is £160 (that's a separate issue i know ) 

Umkomaas

It's a 'forbidding' sign and is offering nothing, so unable to form a contractual relationship. That's what we say, but ultimately you'd need to get a Judge to agree too. But the chances of getting to a Judge is extremely remote as UKPC do not have a track record for pursuing single parking tickets through the courts, they are 'big game hunters', concentrating on multiple unpaid tickets, starting at around the £600 mark. 

rennes99

Thanks kindly Umkomass.

Sadly this is already at court stage.... multiple PCNS in a residential car park, and a claim amount in the thousands. 

Good to hear that this may be another viable part among several to the defence

Umkomaas

rennes99 said:

Thanks kindly Umkomass.

Sadly this is already at court stage.... multiple PCNS in a residential car park, and a claim amount in the thousands. 

Good to hear that this may be another viable part among several to the defence

Looks like you're one of the 'Big 5' then. 

You need to read up on what elements form a contract and get a good 'handle' on it all, to give you the confidence to argue it in front of the judge and (if there are 'thousands' at stake) a sharp cookie of a lawyer (probably from SCS Law?). 

rennes99

Whats the Big 5 you refer to here?

Umkomaas

rennes99 said:

Whats the Big 5 you refer to here?

In the context of them (metaphorically) being 'big game hunters':

https://en.wikipedia.org/wiki/Big_five_game

I spend a lot of my life in South Africa (Google my user name!). 

bargepole

rennes99 said:

Thanks kindly Umkomass.

Sadly this is already at court stage.... multiple PCNS in a residential car park, and a claim amount in the thousands. 

Good to hear that this may be another viable part among several to the defence

If you are the tenant /leaseholder of the property, your main focus should be on primacy of contract arising from the terms of your tenancy / lease, depending on what they say about parking.

If you have an unfettered right to park as granted by the tenancy agreement or lease, then it doesn't matter what the wording is on the UKPC signs, they will have no legal effect in any event.

rennes99

Ahhhh I see... I'll go with African Elephant after the lockdown weight gain........!!

Umkomaas

Pay good attention to the advice above from @bargepole - he is legally qualified. 

rennes99

Thanks Bargepole - i've heard and read extensively about your adventures into this kind of case, over the last coupe of years this has been going on for me, i've heeded as much of your advice and results as possible up to now and will be focusing on the point you raise very much

KeithP

rennes99 said:

Sadly this is already at court stage.... multiple PCNS in a residential car park, and a claim amount in the thousands. 

What is the Issue Date on your County Court Claim Form?
Have you filed an Acknowledgment of Service yet? If so, when?