PCNs from CPM for parking in my own space & Letter from BW Legal

jd576

WillowsPuppy01 said:

They keep mentioning a 'contract' - funny as i've never agreed to any such contract

The basis of all private parking claims such as this is that you entered into a contract by conduct - you saw the signs and, by your conduct (parking there), entered into the contract. This is a perfectly valid way to create a contract and this is what the company will argue in court. 

However, this has several implications with respect to valid formation of the contract

• If you could not see the signs (for example unlit in hours of darkness, poor legibility, poor placement, lack of signage at the entrance to the parking containing the precise terms and conditions), then a contract was not validly formed. For example, if there's no signage at the entrance, even if you parked and later, after parking saw the signs, a contract was not validly formed (Thornton vs Shoe Lane Parking)
• The 3rd party manager must have the right to form a contract with you: if you have parking rights in your tenancy agreement, then no contract can be formed by conduct between you and a 3rd party manager in such a way that it overrides or limits the easement granted in your tenancy agreement without an explicit variation in writing to your tenancy agreement. Your property rights override any agreement between the landholder and the 3rd party manager and you are not bound by such an agreement (see above).