Author Topic: CPM Parking PCN – vehicle not registered – Brindley Estate, Westminster, London  (Read 272 times)

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Hello.

I hope you're all well.

I am the registered keeper. I have just noticed this PCN. I have not been on top of my mail as I am juggling a few court cases fighting false allegations. When I try to log on to appeal, it states that the case has been moved to their legal team.

The driver and passenger drove into this parking area. one of them left the car to check to see if the Westminster white disabled badge was valid in this car park. The car was never vacant. 10 minutes of searching did not get a solid answer so the car left the area.

The only signs inside only state "OVS permit holders only". It is not clear that this area is one of the exclusions mentioned of the white badge page (It is not clear that this is a WCC estate): https://www.westminster.gov.uk/parking/disabled-parking/where-you-can-park-disabled-badge

Google maps link:
https://maps.app.goo.gl/1aPdZ5FexUQowPFQ6

Can this be successfully fought please?

Thanks.

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Any advice please?

Thanks in advance.

Blue and white badges are not relevant to private land. Whist the operator may request that a relevant badge be displayed if utilising disabled access bays, they have no relevance otherwise.

The photo of the sign you have showed us does not appear to be a sign belonging to CPM. How the car park area is delineated could be important.

The GSV views are too old to be of any value. We would need to see the current signage, preferably under the same lighting conditions at the time of the alleged contravention.

For any contract to have been made, there must have been an entrance sign that clearly informs the driver that they are entering private land and that parking terms and conditions apply. Once on the land, there must be sufficient signs that adequately bring to the attention of the driver what the terms of parking are.

Did you park in a bay marked as for the use of people with a disability? If so, there should be a sign with all the parking terms and conditions that can be read by the driver without having to leave the vehicle. Is that the case?
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Thanks for your response.

The photo of the sign you have showed us does not appear to be a sign belonging to CPM. How the car park area is delineated could be important.
One possibility I can think of, is that the car park is for residents of the block it is adjacent to, but only if they register their details with Westminster City Council (given the "vehicle not registered" comment on the PCN). The bays do not seem to be allocated to individual flats and are all unmarked except for the one disabled bay stating for "LL14".


The GSV views are too old to be of any value. We would need to see the current signage, preferably under the same lighting conditions at the time of the alleged contravention.
I agree the GSV views are 3 years old but I promise that it accurately reflects what is shown today. I can't get any photos of that area until mid June.

For any contract to have been made, there must have been an entrance sign that clearly informs the driver that they are entering private land and that parking terms and conditions apply. Once on the land, there must be sufficient signs that adequately bring to the attention of the driver what the terms of parking are.
The only sign mentioned on entrance is the one provided in the opening post, and matches the GSV views.

Did you park in a bay marked as for the use of people with a disability? If so, there should be a sign with all the parking terms and conditions that can be read by the driver without having to leave the vehicle. Is that the case?

The car was stopped, while still occupied, in an unmarked bay for 10 minutes. Not in a bay marked as for the use of people with a disability. I'm unsure if the agreed definition for what a "parked" car includes whether or not the car is occupied, and if there is any time limit, and if the car must be locked or not.

On private land, unless the car is being loaded and/or unloaded, then it is considered parked if stationary for more than 5 minutes in a car park with less than 500 spaces or 10 minutes if more than 500 spaces.

This is because they are required to give the driver that time to seek out, read and decide whether they want to be bound by the terms of parking or leave. Any PCN issued for a period of parking less than those times cannot prove that any contract was formed with the driver.

So, if you were stationary for longer than the minimum consideration period, then as far as they are concerned, the driver had agreed to the terms and conditions.

Unless the PCN issued is fully compliant with all the requirements of PoFA 2012, then they can hold the Keepr liable if they don't know the drivers details.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain