Wondering if to pay or just wait for letters to stop now

Gr1pr

So does that NTK PCN letter comply in full with POFA. ?  Yes or No

Is the signage adequate, legible and convey the terms and conditions as good as the ones in the Beavis case. ?  Yes or No. ?

mrdubs

Gr1pr said:

So does that NTK PCN letter comply in full with POFA. ?  Yes or No

Is the signage adequate, legible and convey the terms and conditions as good as the ones in the Beavis case. ?  Yes or No. ?

Using this - https://www.parkingcowboys.co.uk/keeper-liability/
It looks compliant to me

Yes the signage looks pretty clear to me unfortunately 

Gr1pr

Ideally you should be comparing the NTK PCN to the recent examples listed in the newbies sticky thread in announcements, not somewhere else 

The signage is unlikely to be obvious, especially the terms and conditions and default charge etc

Its not if it's clear to you, its if it passes the Lord Denning red hand rule as mentioned in the Beavis case, clear and obvious such that a driver is in no doubt, clearly the driver in your case couldn't be fully aware of the deadline, otherwise there would be no breach 

The judge in the Beavis case stated that all Barry needed was a watch. ( These days most people have something on their person that tells the time )

Driving into the multi storey car park from that main road doesn't really let a driver stop and read the conditions, or take them all onboard as the driver drives slowly past, not IMHO 

mrdubs

Gr1pr said:

Ideally you should be comparing the NTK PCN to the recent examples listed in the newbies sticky thread in announcements, not somewhere else 

The signage is unlikely to be obvious, especially the terms and conditions and default charge etc

Its not if it's clear to you, its if it passes the Lord Denning red hand rule as mentioned in the Beavis case, clear and obvious such that a driver is in no doubt, clearly the driver in your case couldn't be fully aware of the deadline, otherwise there would be no breach 

The judge in the Beavis case stated that all Barry needed was a watch. ( These days most people have something on their person that tells the time )

Driving into the multi storey car park from that main road doesn't really let a driver stop and read the conditions, or take them all onboard as the driver drives slowly past, not IMHO 

No, she knew it was 3 hours, we park there all the time - its just she had our 3 kids with her and last minute one decided to soil themselves and so spent 20 mins dealing with that and went over 

Gr1pr

Then a valid complaint to the shopping centre management team or landowner may pay dividends, as I have said all along 

But 

It won't wash with ECP or Popla, so unless you have a valid legal point of appeal, expect a rejection, signage doesn't exist for those day to day personal issues, a computer and ANPR cameras log in and out times, study the period of time on site and automatically generate the PCN, probably flagging it up to an employee for checking, before the issue of a postal PCN to the keeper after they look up the keeper details on their KADOE link to the DVLA database, and paid the DVLA for the data