Author Topic: District Enforcement letter has no reference to legal ground or how long the car was parked  (Read 90 times)

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RangerDangerX

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I received a letter asking for payment of 35 and now 70 from District Enforcement.

I appealed based on the fact that their letter to me did not contain the following


1) The letter you sent to me was absent of details of what legal contract was agreed upon which District Enforcement are demanding payment i.e Protection of Freedoms Act 2012 (POFA).

2) No clear evidence that the car was parked or how long it was on the private land. It only contains when the car entered but not when it left.

Do I have a case?

I believe they failed to contain important components of a letter.

Please advice

I have attached the letter they sent me and also their appeal response
« Last Edit: April 14, 2024, 08:14:12 pm by DWMB2 »

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b789

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It is a contract by conduct. By entering the private land you are entering into a contract by parking there. The terms of the contract are the signs at the location.

Whether you choose to read the signs or not is not relevant. . . Unless those signs are not prominent, legible or contain unfair terms.

The NtK is PoFA compliant so the keeper can liable for the charge. The only way it could fail PoFA compliance is if the details of the charge are not adequately brought to the notice of the driver. Do you have any pictures of the signs? Can you get some with an overview of the car park?

You have not redacted the VRM or PCN number on your pictures which means anyone with that info can log into the DE website and cause you some pain if they were so inclined.

Have you tried Plan A yet? Contact the landowner/business who contracted DE and asked them to get the PCN cancelled? Plan B has failed, especially with that appeal. Plan C will be a waste of time but you can try an appeal to the IAS.

Plan D will be where you get the best chance to get this cancelled because the only truly independent arbiter is a judge who would decide whether you owe DE a debt.

DWMB2

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I've removed your attachments because as b789 notes you've left too much info on them. Please redact them suitably then re-add them.

2) No clear evidence that the car was parked or how long it was on the private land. It only contains when the car entered but not when it left.
The photos on the notice appear to contain time-stamps showing both entrance and exit times.

RangerDangerX

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I've removed your attachments because as b789 notes you've left too much info on them. Please redact them suitably then re-add them.

2) No clear evidence that the car was parked or how long it was on the private land. It only contains when the car entered but not when it left.
The photos on the notice appear to contain time-stamps showing both entrance and exit times.

Can you show me where? Because all I can see is 'Date & Location: 6 March 15:53' but no exit time.

DWMB2

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Can you show me where?



It's incredibly small text so you could argue that point, but they will no doubt seek to argue that the times are printed on there and thus they have specified the period of parking.

As b789 states we could do with seeing the signs (and a re-upload of the notice with personal info removed).