Parking Causing an Obstruction And Double Yellow line Private land

gewag

I have 2 ongoing Parking Disputes 1 For Obstruction and 1 For waiting on Double yellow lines both in a private road.

The Driver left the car by some gates to a car dealer storage yard (Closed) but not near enough to cause an obstruction.

The driver was stationary on double yellows at the junction to the high road waiting for 2 minutes to pull out, are yellow lines on private roads enforceable ?

The car owners reply to the Parking Co. :- "You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give the invitation to keeper in the format prescribed by section 9 (2) (e) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours etc"

They Rejected this letter stating they complied.


After numerous letters (all Ignored) threatening legal action the Owner has not been threatened with court action see letters the latest letter is at the end  //imgur.com/a/3wvbGF8

The Owner was thinking writing back with this:-

Dear sir's, We have received numerous letters from your self's demanding payment for parking on private land, Firstly can I have a copy of the agreed contract to park on your land as the driver cannot of entered into an agreed contract due to lack of signage , there are no signs on posts entering into the land stating the driver is agreeing to a contract there is no signage on the walls to where the allege parking infringement occurred, as for Obstruction what was driver obstructing? the car was no where near the gates of the car storage yard and the storage yard was closed, the car was not parked on double yellow the car was stationary for 2 minutes waiting to pull out of the junction to the main road also the costs demanded are unacceptable as no losses occurred by your company as the PCN's are invalid
your's

Thoughts? Thankyou!

Coupon-mad

This is all very ill-advised, especially this:

 "as no losses occurred by your company as the PCN's are invalid".

No, you can't argue that.

Sounds like you need to read the second and fourth posts of the NEWBIES thread before writing anything.

fisherjim

I think this very same car park cropped up recently, isn't that a Costa Coffee or something on the left?

The entrance is totally devoid of the signage required by the BPA's COP for starters.

A double yellow line in a private car park though mimicking an authority standard means nothing like the same, it means whatever the scammers dream up on the day, yes that means it's a trap.

Follow CM's advice above.

Your link made live:

https://imgur.com/a/3wvbGF8

gewag

Thankyou for replies! can they enforce the fines without court order and charge interest? 
Would lack of Signage be enough defence if it went to court?

Coupon-mad

Thankyou for replies! can they enforce the fines without court order and charge interest?

 No, not without a court claim and then you either ignoring the claim or losing at a hearing.

Would lack of Signage be enough defence if it went to court?

Yes, plus our template defence. It's perfectly defendable.

fisherjim

gewag said:

Thankyou for replies! can they enforce the fines........

It's not a "fine" it's a speculative invoice