Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: DKTM on February 28, 2025, 03:10:47 pm

Title: Re: Received PCN for 'parking' in ‘no parking’ area for 6 mins with hazards on - signage small print not seen
Post by: DKTM on March 03, 2025, 09:52:35 am

Thanks very much for this. I see your point and it is contradictory. How would you advise I proceed please?

Title: Re: Received PCN for 'parking' in ‘no parking’ area for 6 mins with hazards on - signage small print not seen
Post by: b789 on February 28, 2025, 06:07:07 pm

Ask yourself this... A sign with the words "NO PARKING AT ANY TIME" which has the following underneath it: "By parking on this land you "contractually" agree to pay the displayed charge" form a contract by conduct with the driver?

...No, the sign cannot form a contract by conduct because it is contradictory and prohibitive rather than an offer.

• Prohibitive Language – “NO PARKING AT ANY TIME” is a restriction, not an invitation to park under terms. In PCM v Bull (2016) and VCS v Ward (2019), courts ruled that prohibitive signs do not create contracts.

• Contradiction – The sign forbids parking but then claims parking forms a contract. A contract cannot exist where terms are uncertain and contradictory.

• No Offer, No Contract – A contract needs an offer and acceptance. A sign that only prohibits parking is not an offer the driver can accept.

• Trespass, Not Contract – If a driver parks, they are not in breach of a contract but potentially trespassing. Only the landowner (not a parking company) could take action for trespass.

Conclusion:

This sign cannot establish a contract. Any parking charge based on it is likely unenforceable in court.

Title: Re: Received PCN for 'parking' in ‘no parking’ area for 6 mins with hazards on - signage small print not seen
Post by: DKTM on February 28, 2025, 04:57:45 pm

Thanks. I've updated the original post with a link to the images including the PCN notice.

Title: Re: Received PCN for 'parking' in ‘no parking’ area for 6 mins with hazards on - signage small print not seen
Post by: DWMB2 on February 28, 2025, 03:16:17 pm

To help us provide the best advice, please read the following thread carefully and provide as much of the information it asks for as 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/)

 

Title: Received PCN for 'parking' in ‘no parking’ area for 6 mins with hazards on - signage small print not seen
Post by: DKTM on February 28, 2025, 03:10:47 pm

I received amazing help on here recently and sadly need it again...

As registered keeper I've received a PCN for £100 (£60 if paid within 14 days of 24/02/25) from PPS (Private Parking Solutions London Ltd) for being ‘parked on private land…at BT Ealing Green, W5 5EJ…Parking in No Parking area”

On 20/02/25 the car was taking equipment to a music session in an outbuilding at Pitzhanger Manor, Ealing, London. There was advice from staff there that unloading could be done at the end of a private road which has a gate right by the venue (which is on the edge but within a public park) and the car then driven round to the other side of the Park to park. Which is what happened.

Because advice had been received from the Pitzhanger Manor staff about unloading but not parking in this site, and because unloading was being done in a hurry, and because the sign says in larger letters (No Parking At Any Time’), the small print underneath was not noticed until now reviewing the PCN photos. The small print on the sign does also say ‘strictly no parking, waiting or loading at any time’ - (photo attached).

There are several photos attached to the PCN and they're clearly taken by someone on foot as there are a large variety of angles and distances. The first photo time is 09.42.09 and the last one is 09.48.12. The hazards were on the entire time so it was quite clear it wasn't 'parking’, although given the small print on the sign that may be irrelevant. Some of the photos show the hazards on.

Any advice on whether anything can be done would be much appreciated.

https://imgur.com/a/3CTTxoE

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