Forbidding Sign? Is this worth taking to POPLA

sniper005

Hi Team, The driver parked in a disused car park without noticing the signs. I`m not sure what a `forbidding sign` is, or indeed what difference it actually makes.
Does the term "NO PARKING AT ANY TIME" help at all?
Also, is the letter compliant as it doesn`t actually mention POFA?

Many thanks...........

Thanks all.

B789

That PCN is not PoFA compliant so no mentioning who was driving. Why did you park there?

sniper005

Not me that parked.... The actual driver has been given `developmental feedback`.

Would you be kind enough to explain why the PCN is non compliant? is it the lack of reference to POFA??

Umkomaas

You have no access to POPLA - NPC is an IPC AOS operator. The IAS is their second stage appeal operator, you have only a 4% chance of winning an appeal there, not worth the effort and hassle. 

Send an initial appeal to NPC, using the blue text initial appeal in the NEWBIES FAQ Announcement, first post, which will be rejected, but at least you've shown a willingness to engage in their process, then wait to see if they issue court proceedings - any time in the next 6 years - where you will get an impartial hearing and judgment on whether you owe them anything. 

The NtK is essentially PoFA compliant. There is no requirement for PoFA per se to be referenced within it. 

Have you complained to the landowner and ask them to get this cancelled?

Le_Kirk

Just before you posted your question, did you see under the "create post" a section marked NEWBIES read these first?  If you read it, you will find links to POFA which will enable you to compare the wording in the act to the wording on the PCN. 

B789

sniper005 said:

Not me that parked.... The actual driver has been given `developmental feedback`.

Would you be kind enough to explain why the PCN is non compliant? is it the lack of reference to POFA??

The letter uses some wording from PoFA but doesn't reference it. They can't just say they have a right to hold the RK liable just because they don't know who the driver is without using the correct wording from PoFA.

You should initiate Plan A and then Plan B using the blue template appeal in the newbies/FAQ thread.

The sign is forbidding so they should really be trying to chase the driver for trespass. Nothing is offered in that sign and so there can be no "contract" to agree to as a contract requires an offer, consideration and acceptance.

The formation of a contract requires an offer, acceptance, and consideration between the parties involved. What is offered in that sign?

Trainerman

B789 said:

sniper005 said:

Not me that parked.... The actual driver has been given `developmental feedback`.

Would you be kind enough to explain why the PCN is non compliant? is it the lack of reference to POFA??

The sign is forbidding so they should really be trying to chase the driver for trespass. Nothing is offered in that sign and so there can be no "contract" to agree to as a contract requires an offer, consideration and acceptance.

The formation of a contract requires an offer, acceptance, and consideration between the parties involved. What is offered in that sign?

Totally agree with this and it is a defence that should work in the end. Be prepared for some bullying letters and a long fight with the ignorant and pig headed though first.

Coupon-mad

But none of it will work as it's an IPC firm - there is no appeal worth trying this year - so I say just stay under the radar and ignore them, IMHO.

Just ignore them and SPECIFICALLY IGNORE (and please don't tell us about!) the £170 threatograms.

Tell the PPC if you move house.

Come back and start a discussion if you get a court claim.

ALWAYS try landowner authority.

NEVER pay unless a Judge tells you to.