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Euro Car Parks NTK
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Gr1pr said:Wow, excellent news , ECP lost
No contract to park, should have been treapass but wasn't issued as a trespass, so you won your Popla appeal
Well done, people should learn from this decision, trespass is not parking
Yes, and very pleased with the outcome.
Thank you to you and other contributors.3 -
And no PPC is going to get £100 for a trespass!Gr1pr said:Wow, excellent news , ECP lost
No contract to park, should have been treapass but wasn't issued as a trespass, so you won your Popla appeal
Well done, people should learn from this decision, trespass is not parkingPlease note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street2 -
As I said on that thread:13zero8 said:
Flipping heck! ...that's great!
We have NEVER seen POPLA show this sort of Judge-like legal thinking:
"The appellant challenges that a valid parking contract was formed. The signs on site advise that this location is a no parking area and there is no option for a motorist to park in this location.
The operator can issue a parking charge notice for trespass but this is not what has happened. The operator has referred to the site as a car park and has advised the PCN advises that the driver was parked in breach of the terms and conditions but there were no parking facilities which the driver could have used.
The PCN makes no mention of trespass and the driver would not have to form a contact to have been trespassing.
The operator has issued the PCN as though the driver had breached the terms and conditions but the operator should have treated this as a case of trespass."PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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