Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: John121 on September 10, 2024, 10:46:54 am
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If the driver had stopped to load or unload, it is not considered parking. At least according to some persuasive case law. Although this is on private land and the scammers can make up the rules, there is no prohibition on stopping on double yellow lines to pick-up, drop-off or load and unload.
However, the keeper is now dealing with a vexatious firm of nasty ex-clamper thugs. It is all going to depend on how badly the Keeper wants to fight it.
As the PCN is an invoice for an alleged breach of contract by the driver, you have to ask, what contract? A contract to be valid, requires three elements. 1. An offer, 2. An acceptance and 3, consideration. A prohibition does not offer anything. Therefore, there can not have been any contract in the first place.
As the Keeper will be dealing with an IPC member, there is only one way this is going to go and the two likely outcomes are going to lead to a debt claim in the small claims track of the county court. The most probable of those two outcomes is that they will eventually discontinue before any hearing takes place.
The second possibility is that it does go all the way to a hearing where there is a greater than 50% chance that NPC will get spanked in court.
I’ll leave it to others to explain the obvious downside of being incredibly unlucky and losing the fight. The only other option I can think of is for the keeper to pay it but, personally, that goes against the grain, especially if the keeper feels aggrieved about this PCN and that it has been issued unfairly and incorrectly.
These operators rely on the fact that most of their victims are low-hanging fruit on the gullible tree and will fold at the first hint of litigation, out of ignorance and fear. We assist the victims fight these vermin every day.
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Hoping you can help. My uncle received this Parking Charge Notice in Enderby Wharf SE10 the reason for issue is No Parking At Anytime.
He has just sent me this and I notice the PCN was posted on 29th August 2024 so only have a day or so to respond within the 14 days.
My uncle is a chauffeur and was basically picking up a passenger when he received this, which is on private land.
I have also attached a screenshot of his job sheet. Please note the time on the job sheet is the completed time when he reached Heathrow.
I would be grateful if you can please advise as soon as possible how to proceed with this one, especially with the short time frame left to respond.
Many Thanks
(https://i.ibb.co/m4G90dB/PCN-1.jpg) (https://ibb.co/L18xrBP)
(https://i.ibb.co/yn048dp/PCN-2.jpg) (https://ibb.co/WWnVcG0)
(https://i.ibb.co/4SQnvy4/PCN-3.jpg) (https://ibb.co/09wR4NY)