CEL parking scam - NTK for an NHS worker parking in a residential car park where the patient lives

Coupon-mad

Not great at wording on signs, CEL.  They simply haven't formed an enforceable contract.

Fruitcake said:

Yes, that's PoFA compliant so go with driver complaints and a driver appeal. 

I am not so sure, in this case, due to the incorrect 'relevant land'.  Riviera Court is not identified on the NTK.  And there are up to 4 problems with those signs:

(a) the entrance signs at Riviera Court identify the principal, the landowner.  Oh dear, the offer comes from them, then, and CEL are only acting as their agents, charging a sum of money on their behalf.  Same as the issue they have at Wells Next the Sea.

(b) the sign on the wall doesn't say 'by entering this land you agree to pay CEL' or 'you are entering into a contract with CEL'.  It just says you will be charged £100.  That's not a contract, there is no 'agreement' or contractual term clause there.

(c) the sign clearly identified the land as Riviera Court, as you say.  So this isn't CEL's enforced piece of land then, given the postal PCN says a breach occurred elsewhere.

(d) the signs says 'if you breach any of these terms...'. What terms?  There are no terms that could be construed as a 'relevant contract or relevant obligation'.  All it asks is that visitors 'obtain a parking permit from your host'.  It doesn't say what format that permit takes and the driver isn't even obliged to provide the host with their VRM for an online permit, let alone be handed a paper permit and display it (who knows, the 'host could just handwrite the words 'permit for Riviera court parking - signed, the host at flat xx' on a piece of paper and that WOULD comply). 

And it doesn't say when you have to 'obtain' this 'permit'.  Could be tomorrow.

You could always 'obtain a permit' tomorrow from that host by walking in and asking for one retrospectively and attach that as proof to your appeal as keeper, saying:

The driver complied with the vague term as stated at the land where the car was parked.  This was a nurse visiting a patient (who is not a 'host') but the driver has 'obtained a permit' (see evidence of the permit and NHS card attached).

In any event, CEL, there are many more issues with this PCN than that.  The NTK fails to meet the POFA Sch4 regarding the 'relevant land' which should have read 'Riviera Court' if it was to comply with the Act.  The driver denies parking at 'St John Moore Court' on that date, or at all.  You have identified the wrong land, but there is more. 

Your signs don't create a contract.  You've omitted the vital contractual agreement 'by parking you agree' or similar phrase for a parking sign and have offered nothing of value.  Perhaps this was by design because CEL can't offer the parking anyway, because of a disclosed principal.  The offer of parking at Riviera court is made at the entrance (but not by CEL) because the landowner's agent's name is displayed on more than one parking sign.  The authority of Fairlie v Fenton (1870) LR 5 Exch 169 confirms that a mere broker contracting for a disclosed principal cannot sue upon the contract, as your in-house ex-Wonga barrister will know.

You also state on your sign that 'debt recovery' may start after 28 days, but that would be a clear breach of the BPA CoP at para 24.4 which sets out two mandatory additional letters that you must send before 'charge recovery' stage is reached no sooner than three MONTHS after a parking event.  I will also draw that Code breach to POPLA's attention.

In any case I am sure you want to cancel the PCN because the NHS pass was on display and this was a pre-booked and permitted medical assessment of  a resident.  The nurses and staff at the local NHS Hub have been discussing this set up and now all feel they can't visit that estate, given your unworkable system.  A complaint has been raised with the landowner (the creditor and principal in this alleged contract) because ANPR doesn't work at residential car parks when nurses visit patients. What's the point of displaying a NHS pass if your system disregards it?

I'd urge that this numberplate should be whitelisted for the site (both sites - Riviera Court and St John Moore Court) from now on, and the PCN cancelled as a goodwill gesture to the driver and to regain the confidence of the local NHS nurses.  The driver will not be named and if you want to reject this and try POPLA, send me the required code and I will also escalate my landowner complaint.

longtermrenter

Happy ending to this one. I went to the site and spoke to a local resident who said there was an iPad check-in system inside the flats. She let me into the first block to have a look. Regardless of the legality of CELs notices outside, this was opposite you as you opened the door with a notice explaining what to do.

I went over to Sir John Moore Court, named in the NTK. Rang a couple of buzzers and managed to get someone to let me in. Try and spot the parking iPad as you walk in. No notice explaining what to do.



Yes, it's just to the left of that no smoking sign. I actually walked up to that end and back again before turning round and spottimg it. My wife's patient was upstairs so she would have immediately turned left to go up the stairs.

I then spoke to the resident again and she said a guy in the top floor flat deals with parking problems. I went to see him and he said he would cancel the PCN charge which he did.

It's interesting to note that there was no sign stating that the car park location was Sir John Moore Court so the PCN was invalid. Apparently CEL have only been running this for a couple of months.

Thank you to everyone here for your help. I felt compelled to update you to show an alternative to appeal and to help anyone else who encounters this car park.

The downside is that CEL don't get showed up for this bit it certainly helps my mental health to not have to write repeated letters and be stressed by an appeal/defence.

Coupon-mad

Brilliant news - effectively you used our recommended PLAN A and complained to the 'landowner' and the guy upstairs is presumably responsible for this farce.

Those pics will help other people!  Nicely done.  However, check online that the PCN has been cancelled and if it's still showing as owing on CRL's website  next week, bung in an appeal using everything.