Forbidding Signage

GeorgeFormby

Good Afternoon.

Am in receipt of an LBC and going through the process as advised on Newbie thread and with the much appreciated help of members on Pepipoo also.

In preparation of a defence I wonder if this sign can be classed as forbidding in the same way as PCM v Bull 2016? The alleged breach was for a parking incident of less than 3 minutes and the sign even states "If unsure please seek further advice". PCM are alluding that the driver didn't read or see any signage at all so no consideration period applicable but provide no evidence of this, of course.

Coupon-mad

Yep there is no contractual offer there, so the Bull case might have legs (but not all Judges agree).

And no consideration period.

You'll win.

GeorgeFormby

That's great, thankyou!

hullensien

Hi

What is it that makes this sign forbidding?

thanks

GeorgeFormby

As far as I can tell, in my case anyway, that you cannot form a contract and I cannot accept and terms if there is a total prohibition on parking in the area of signage.

This excerpt from PCM v Bull I think is the same as mine:-

This notice is an absolute prohibition against
parking at any time, for any period, on the roadway. It is impossible to construct out
of this in any way, either actually or contingently or conditionally, any permission for
anyone to park on the roadway. All this is essentially saying is you must not trespass
on the roadway. If you do we are giving ourselves, and we are dressing it up in the
form of a contract, the right to charge you a sum of money which really would be
damages for trespass.

parking-prankster.com/case-law

CS036 at the above link

GeorgeFormby

Hmm, sorry, it appears that the link doesn't work and I haven't been on the site long enough to post links.

If you Google search PCM v Bull it comes up at the top of the search though.

hullensien

Aah yes
No parking at any time

GeorgeFormby

I'm currently still at LBC stage with regards this PCN. ... Now just waiting to see if they proceed with a claim and currently having some email tennis with Gladstone's "Trainee Solicitor".

Is it worth showing my hand a little more with another reply and hoping they see sense and advise PCM to discontinue or is it a pointless exercise to continually engage with them pre-Court?  I'd rather get it over and done with ASAP of course and preferably without a court appearance so if it helped, I'd happily continue the email tennis. 

Email deleted and not sent.

Umkomaas

Why are you dragging this out via email tennis?  It's best get it to court and have it resolved impartially by a Judge. I can't remember any case where email tennis has been of any benefit in getting a parking charge cancelled. In any case, I t won't be Gladstones cancelling the charge, it will be the PPC client. Why would they cancel just because you're writing back and to with a Trainee Solicitor?  There's nothing in it for them to cancel when there is hope you will cave and pay. 

Do you always sign off formal business letters with a firm of solicitors trying to sue you for a few hundred pounds, 'Kind regards'?  Make your correspondence formal and serious.

GeorgeFormby

Well yes, that was the concern but I guess I'm just hoping I'd be thrown in the "hard to win, let's not proceed" pile. This is my first experience of the whole process so not sure if the email route had ever proved effective and by your response I'm thinking not. 

It's not been sent yet and I would change the sign off, that was a mistake.