Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: jeezy on October 11, 2023, 08:24:54 pm
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There's a potential argument to be made that the signage doesn't create a contract - running such an argument is always a gamble however as you'd need to go to court to make it (and even then it's not a guaranteed winner) - it depends somewhat on your attitude to risk.
Ok thank you for confirming
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There's a potential argument to be made that the signage doesn't create a contract - running such an argument is always a gamble however as you'd need to go to court to make it (and even then it's not a guaranteed winner) - it depends somewhat on your attitude to risk.
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It has one sign as you drive in on the left but no further ones on that side.
From the images taken of the car as shown on the PCN, it appears that it was parked directly underneath a sign, so I think it would be a challenge to argue that the signage wasn't sufficiently visible. But the reason for issue being listed as 'No Permit' suggests that there could be an argument that the signage is forbidding - can we see a photo of the signage?
appeal as RK and not being driver
From a quick look they appear to have complied with Schedule 4 of the Protection of Freedoms Act (PoFA), so not being the driver would not help, as they appear to have met the conditions to hold the keeper liable.
Here are the images of the sign and the entrance
https://ibb.co/LS68bVC
https://ibb.co/FYxKHRv
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Not really - a letter sent by first class post is presumed delivered 2 working days later unless the contrary can be proved.
Thank you for confirming
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Not really - a letter sent by first class post is presumed delivered 2 working days later unless the contrary can be proved.
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Just a follow up question on this, if the notice is received well after the issue date which is what they count the discounted period from is there any way to dispute this?
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Thanks for the quick reply, to confirm the white car is not the car in question.
I will look to get a clear pic of the sign and post up
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It has one sign as you drive in on the left but no further ones on that side.
From the images taken of the car as shown on the PCN, it appears that it was parked directly underneath a sign, so I think it would be a challenge to argue that the signage wasn't sufficiently visible. But the reason for issue being listed as 'No Permit' suggests that there could be an argument that the signage is forbidding - can we see a photo of the signage?
appeal as RK and not being driver
From a quick look they appear to have complied with Schedule 4 of the Protection of Freedoms Act (PoFA), so not being the driver would not help, as they appear to have met the conditions to hold the keeper liable.
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A PCN was received to the RK. It has one sign as you drive in on the left but no further ones on that side.
I wanted to know if there would be grounds to appeal as RK and not being driver at said time as well as mentioning about the signage?
https://ibb.co/6bGmvwD