Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: Ishhy1 on November 21, 2024, 06:47:35 pm
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They are raising the price and are saying they will take me to court if I do not pay. Should I let this go to court? Or should I do anything else?
How are we supposed to clearly understand what you mean when you aren't accurately describing or showing us what you have received? Are you talking about a letter from a Debt Recovery Agent (DRA), in other words, a debt collector? Or have you received a formal Letter of Claim (LoC) from a firm of bulk litigator solicitors?
If you are taking about DRA letters, you can safely ignore them. Shred the letters and use them as hamster bedding. DRAs are powerless and cannot do anything except to try and scare the low-hanging fruit on the gullible tree into paying out of ignorance and fear. DO NOT enter into any communication with a useless DRA, ever! Ignore them.
We don't need to see useless DRA letters and you must simply ignore them.
Come back when you receive an LoC or an actual N1SDT Claim Form from the CNBC.
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They are raising the price and are saying they will take me to court if I do not pay. Should I let this go to court? Or should I do anything else?
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I see thank you very much. I will just wait and see if they take further action
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Make sure you keep a copy of the photo of the obsolete sign and make sure it is dated.
A valid contract cannot be formed if there is confusion or ambiguity in the signage at the location. For a contract to be legally binding in the context of parking enforcement, several elements must be present and clear, unambiguous signage is a critical factor.
For a contract to be formed, there must be a clear offer (the terms on the signage) and acceptance (the driver parking under those terms). If the signage still references a previous operator, it creates confusion about who is making the offer and what terms apply.
The terms and conditions must be prominently displayed, legible, and clear enough for the average driver to understand. Ambiguity in the signage undermines this requirement.
The parking company issuing the Notice to Keeper (NtK) must demonstrate that they have the authority to manage the land and issue charges. If there is signage that references a different operator, it could cast doubt on whether the current operator has the legal authority to enforce parking terms.
Under consumer law, ambiguous or misleading terms are interpreted against the party that drafted them (in this case, the parking company). The presence of old signage is misleading to motorists and unfair under the Consumer Rights Act 2015.
Personally, I wouldn't bother with an IAS appeal but feel free to do so if you want to waste your time and effort. Others here will assist you. I would wait and see if they ever bother to try to issue a claim against you for this and let them waste their own time and money on issuing a claim that would not stand up in court.
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so would the driver be liable to the charges from cpm? As they driver has appealed and its been rejected with no acknowledgement of the appeal reasoning.
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That looks to be at the entrance to the road, and is what I was referring to in my bullet points in an earlier reply. At a guess, CPM have come in to replace a previous operator, and clearly done a shoddy job of replacing the signs.
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This sign. It has ECP logo (maybe an old Euro Car Parks) sign:
(https://i.imgur.com/OCVfikR.jpeg)
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im not sure what ecp is.
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So what is the ECP sign you’ve shown us?
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I have merged this with your existing topic on the same case. Do not start multiple threads for the same case.
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The sign in blue is the cpm one and the gsv image is from 2022 but the sign is still there.
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The sign you’ve circled in blue on the GSV image, is that the CPM sign or the ECP one? What date is that GSV image from?
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I want to attach more images so I am replying to myself. This is where I was parked and where the sign they have shown is. Bear in mind it was completely dark. Oh and this was the sign displayed at the entrance of the road which was bent and from a different company.
[attachment deleted by admin]
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The driver was parked on a single yellow at the entrance of the private land on 17th November 21:42. The sign displayed at the entrance was dirty, bent and is from a different parking company, CPP. The sign which they have provided as photographic evidence is further down the road attached to a gate on the pavement on the side which was unlit in the dark. I have appealed on these terms already that the sign was further down and unlit but they have responded with a rejection and completely ignoring everything I said. I have attached everything in the images.
[attachment deleted by admin]
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These are the images they provided, the driver parked on the edge of the turn.
[attachment deleted by admin]
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A couple of initial observations:
- The signage that you have shown us (apart from being crap), appears to belong to a different company than the one that has issued the charge. The charge you have shown us is from CPM, the signage refers instead to 'Car Parking Partnership'. A look on Google Streetview shows CPM signage further into the car park, but the signage near where your car was parked would neither be suitable to draw the driver's attention to the need to look for other signage, nor capable of forming a contract between the driver and CPM (not least because it bears the name of a different company!).
- From what you have shown us, it's not entirely clear whether your car was parked beyond that sign or not. The main part of Strafford Street is listed as a public highway according to the Tower Hamlets Highway Register (https://forms.towerhamlets.gov.uk/en/AchieveForms/?form_uri=sandbox-publish://AF-Process-f0563791-45c5-431d-ac71-cc9ae80042ca/AF-Stage-f6534f08-2410-44e4-b9e3-c0fb8ea860b2/definition.json&redirectlink=%2Fen&cancelRedirectLink=%2Fen&consentMessage=yes). With this in mind, it may be worth enquiring with the council as to where exactly the boundary is between the public highway and the private land.
If you go onto the CPM website and enter the details on your notice, are there any other photos available?
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Here it is
[attachment deleted by admin]
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To help us help you please read the following thread and provide as much of the information it asks for that you are able to: READ THIS FIRST - Private Parking Charges Forum guide (https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/)
In particular we need to see the notice.
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It was 21:42 at the time so it was dark and the sign was dirty and the pole was bent. The nearest other sign was in the dark stuck on a wall a little further down the road. The images attached. Should the driver appeal? Or ignore? The image at night was how the sign looked when the driver parked.
[attachment deleted by admin]