Re Smart Parking Ltd

johnlodge423

If the entrance sign to car park does not comply with the IPC's code of practice would it be fair to say that passing it does not form a contract?
If there are several non compliances, particularly with signage, could an appeal to the IPC be useful?

Thanks

Coupon-mad

You can try the kangaroo court of IAS but the words 'IPC' and 'useful' aren't often seen together in the same sentence.

  

Gr1pr

It can only be useful if your appeal was upheld and the pcn was cancelled,  or they withdrew and cancelled 

Otherwise it's not useful at all, because your pcns would still be outstanding as unpaid Invoices

Its certainly not useful to anyone else,  regardless of the outcome 

johnlodge423

Message for Kryten3000
You say on 18th oct that there is a 14 day deadline for the issue of notices. Is this documented anywhere.

Thanks.

Gr1pr

johnlodge423 said:

Message for Kryten3000
You say on 18th oct that there is a 14 day deadline for the issue of notices. Is this documented anywhere.

Thanks.

Study the law named POFA 2012

If a parking company wish to lawfully transfer liability from the driver to the keeper  ( even if the keeper was away in Shanghai or was Tim Peake on the I.S.S at the time of the incident   ) , then the claimant must fully comply with the relevant wordings and timescales within POFA2012. But remember,  POFA2012 is not mandatory,  not compulsory,  it's optional,  an additional tool to the alternative scenario below 


Otherwise they have the standard fallback position of 6 months plus one month to get a pcn to the keeper,  but cannot legally or lawfully transfer the liability away from the driver to the keeper 

POFA 2012 is of no real help to a keeper who was also the driver,  but the keeper can obfuscate around admittance etc right up to being questioned in court,  if it gets that far

Until court,  there is no legal mandatory requirement for the keeper to name the driver,  it's optional 

Gr1pr

Gr1pr said:

If no windscreen pcns were issued,  plus if the drivers identity has not been revealed 

Kryten should have qualified his statement with the above caveat in the reply , as well as the hire/lease/ company vehicle caveats

Coupon-mad

johnlodge423 said:

Message for Kryten3000
You say on 18th oct that there is a 14 day deadline for the issue of notices. Is this documented anywhere.

Thanks.

Did you miss the POFA 2012 already linked in post 1 of the NEWBIES thread? That main 'read these FAQS first' resource thread explains all you need to know about this.