PCN For Parking In No Parking Area Double Yellow and Yellow Hatching.

strawberries1

Dear all,

I received the PCN as keeper.

Driver and passenger went to the restaurant beside the Natwest to pick up an order. Please see link to PCN https://ibb.co/album/Hp1RMf

Just in case, I rang the restaurant to inform them but go no reply. 
From the CCTV the wait was at least 15mins.

Below is the intended reply to Premier Parking.

Thank you.

Re PCN number:

I dispute your 'parking charge' as the keeper of the vehicle. 

I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. 

I require an explanation of the allegation and your evidence. 

Most importantly, I require a close up actual photograph of the signage you contend was at the location on the material date, photograph showing the location of the sign on the premises, photos showing the text on the signage, as well as your images of the vehicle.

From Google's Street View photos I see that the painting on the road says "keep clear". 

There was no contract to be breached because the signage is prohibitive, "forbidding", "No Parking" means they contain no offer - "you must not park here" is not an offer.

In order for a contract to be agreed by conduct, there has to be an agreement, ie:

An offer

Acceptance of that offer

Consideration - something of value must pass both ways and

Intention to create legally binding obligations.

There is no mention that CCTV or ANPR is being used. This is another breach of the BPA CoP, the Data Protection Act 2018 and the General Data Protection Regulation (GDPR).

Please note that any further correspondence from yourself or your agent with respect to this vehicle implies that you wish for it to be read and thereby agree to a charge of £100 per correspondence. Each corresponding charge increasing by 50% upon every new correspondence.

However, where said correspondence is simply to notify the keeper that all demands and actions with respect to your "parking charge" or this vehicle are forthwith concluded and nothing further will be pursued by yourselves or other person deriving authority from you, there shall be no charge for that correspondence.

NAME AND POSTAL ADDRESS OF THE KEEPER IN THE RELEVANT BOX ON THE APPEALS PAGE.

Coupon-mad

I'd remove all this (below) and I wouldn't try POPLA, just ignore them & the £170 debt demands:

In order for a contract to be agreed by conduct, there has to be an agreement, ie:

An offer

Acceptance of that offer

Consideration - something of value must pass both ways and

Intention to create legally binding obligations.

There is no mention that CCTV or ANPR is being used. This is another breach of the BPA CoP, the Data Protection Act 2018 and the General Data Protection Regulation (GDPR).

Please note that any further correspondence from yourself or your agent with respect to this vehicle implies that you wish for it to be read and thereby agree to a charge of £100 per correspondence. Each corresponding charge increasing by 50% upon every new correspondence.

However, where said correspondence is simply to notify the keeper that all demands and actions with respect to your "parking charge" or this vehicle are forthwith concluded and nothing further will be pursued by yourselves or other person deriving authority from you, there shall be no charge for that correspondence.

strawberries1

Just ignore them?
Not reply them?

What if they go to court to get a CCJ for debt default?

I plan to move sometime in the next 18months. What if they decide to progress it after I've moved?

Thanks.

Coupon-mad

You'll have already told them to 'erase the old address', like the second post of the NEWBIES thread already tells you.  

Standard stuff. You need to re-read the second post of the sticky.

strawberries1

By way of update, please see five new photos uploaded showing the signs at the private road.
It says £100 PCN on the second sign.
https://ibb.co/album/Hp1RMf

Coupon-mad

Can't see that. Post images directly in replies.

strawberries1

   
Here they are. 
The image hosting site appears to have issues at the momemt.

strawberries1

The first sign does say "Parkin Restrictions In Place", "See Additional Signs For Full Details").

One has to drive further in to see the terms.

Below is what I intend to send to them. Please let me now your opinion.

The PCN is dated 27th January with 14 days to pay the reduced charge £60. 

Today is day 13 by my count, so I can send the appeal till 11:58pm tomorrow the 10th of February?

I appeal as the registered keeper. 

I dispute your 'parking charge' and deny any liability or contractual agreement.  Further to, I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn.

I am not obliged to identify the driver and decline to do so. You cannot transfer the driver’s purported liability to me. You have not served me with a Notice to Keeper (NtK) that strictly complies with Schedule 4 to the Protection of Freedoms Act 2012 (PoFA) and it is now too late to do so.

According to the driver, no contract could have been agreed as there were no signs that were prominent or even visible at the location, which is a breach of the BPA Code of Practice (CoP), section 19.2. 

From the photos, it can be seen that the signs are beyond the gate and a camera mounted before the signs. This arrangement is evidently not in good faith as it all seems set to ambush the driver only for them to realise when it is too late.

The position of the signs does not give the driver an option to read the signs, terms and conditions decide whether or not they wish to enter into such “agreement”. By the time the driver gets to the signs, they’re already in.

Furthermore, according to your Parking Charge Notice (PCN), any signs at the location would have been “forbidding” if they stated “No Parking”, thus proving that there was no contract by conduct on offer.

Your PCN states that it is being issued because of “Parking In No Parking Area”.

The driver did not leave the car at any time nor turn off the engine of the car. The car was not parked and there was no intention to park at any time. 

The charge for parking could not have been agreed as there was no sign at the entrance of the road to that effect. This is in breach of BPA Code of Practice (CoP), section 19.1. “…. the driver should be made aware of from the start. You must use signs to make it easy for them to find out what your terms and conditions are.”

No entrance signs. This is in breach of S.19.2 BPA CoP.  “Entrance signs play an important part in establishing a parking contract and deterring trespassers. Therefore, as well as the signs you must have telling drivers about the terms and conditions for parking, you must also have a standard form of entrance sign at the entrance to the parking area. Entrance signs must tell drivers that the car park is managed and that there are terms and conditions they must be aware of. Entrance signs must follow some minimum general principles and be in a standard format”.

No contract to park could have been created or agreed. Therefore, there is no debt owed by the driver and I am not liable as the registered keeper.

I now require you to cancel the parking charge or issue me with a POPLA code where a trained assessor will likely agree with me that the PCN has not been issued correctly.

https://ibb.co/4YT7Wjd
https://ibb.co/XXSwxSf
https://ibb.co/Hhbz2Sx
https://ibb.co/album/Hp1RMf

Coupon-mad

The PCN is dated 27th January with 14 days to pay the reduced charge £60. 

Today is day 13 by my count, so I can send the appeal till 11:58pm tomorrow the 10th of February?

Irrelevant and the NEWBIES thread says so.  No-one ever looks at the 'reduced' charge (bribe).

The appeal deadline is NOT 14 days.  Please re-read the FAQS in the NEWBIES thread and in particular the one about the 14 days.

Whatever2023

A novel idea but… you could just accept that you parked where you shouldn’t have and pay the Parking Charge.

Coupon-mad

Whatever2023 said:

A novel idea but… you could just accept that you parked where you shouldn’t have and pay the Parking Charge.

And the parking industry could just accept that they have created an out of control consumer-harming monster, accept that the multi-billion pound 'scam' days are over and accept the DLUHC Code of Practice...