Author Topic: Park Direct PCN issued outside pub not currently trading  (Read 1744 times)

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Park Direct PCN issued outside pub not currently trading
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The driver parked in a bay outside a currently closed pub/bar formerly known as Home Bar & Kitchen in Ickenham at approx. 14:00 on Saturday 27th July. The driver arrived back at the car at approx. 15:00 and discovered a PCN had been issued.

Please note this is not a pay parking area. Previously, in order to park in bays outside the bar, drivers would need to register for a free session inside the pub. However, the pub is currently closed as management has transferred and is undergoing renovation so it is obviously not possible to register for a free parking session.

NB the photo of the site is from Google Street view and shows the bar when it was still open. It is currently boarded up.












« Last Edit: August 15, 2024, 04:53:46 pm by calypso24 »

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Re: Park Direct PCN issued outside pub not currently trading
« Reply #1 on: »
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« Last Edit: August 15, 2024, 04:45:48 pm by calypso24 »

Re: Park Direct PCN issued outside pub not currently trading
« Reply #2 on: »
Just wait for the NtK to arrive. Show us when it does.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Park Direct PCN issued outside pub not currently trading
« Reply #3 on: »
OK will do. Would this normally have arrived by now? (PCN issued more than 2 weeks ago...)

Re: Park Direct PCN issued outside pub not currently trading
« Reply #4 on: »
They have to serve the NtK no earlier than 28 days after the NtD and no later than 56 days after the NtD in order to be able to hold the keeper liable. They have no idea who the driver is, so don't tell them, inadvertently or otherwise.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Park Direct PCN issued outside pub not currently trading
« Reply #5 on: »
Ah yes, remember now. (Successfully appealed a private PCN via POPLA 5 years ago thanks to the advice on the old forum! Memory was a bit hazy!)

Park Direct PCN issued outside pub not currently trading
« Reply #6 on: »
Following previous post, NTK now received.  It says the appeal deadline has passed. Is it still possible to appeal - possibly on grounds of forbidden contract as there was no way for the driver to inform the pub of the parking due to the pub not being open. NB this is a free parking space - it’s necessary to provide reg no. at the bar. If pub closed for refurb, how can driver inform pub?


Re: Park Direct PCN issued outside pub not currently trading
« Reply #7 on: »
Apologies, Imgur link not working. Will keep trying.

Re: Park Direct PCN issued outside pub not currently trading
« Reply #8 on: »



Fixed the links for you

Re: Park Direct PCN issued outside pub not currently trading
« Reply #9 on: »
Quote
NB this is a free parking space - it’s necessary to provide reg no. at the bar. If pub closed for refurb, how can driver inform pub?
That's not quite true, as the signage you have shown us states, it is free parking for customers of the pub. To flip your question round, how can the driver be a customer if the pub is closed?

It would seem that the driver was trespassing, but that does not necessarily mean he has entered into a contract with Park Direct.

There is a potential argument to run that the signage is forbidding, in that it doesn't make an offer to non pub customers. This argument would need to be made in court, neither the operator not the IAS would consider it.

Re: Park Direct PCN issued outside pub not currently trading
« Reply #10 on: »
Does that NtK include the "reason" for the charge and also, does it include the times of observation?  Assume that you never received the NtD and the NtK was the first you knew about this, des the NtK contain the above information?
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Park Direct PCN issued outside pub not currently trading
« Reply #11 on: »
It might be useful to show us the bits you chopped off the front page (with the vehicle reg obscured of course)

Re: Park Direct PCN issued outside pub not currently trading
« Reply #12 on: »


Struggling to find the embed link on the Imgur app.

Re: Park Direct PCN issued outside pub not currently trading
« Reply #13 on: »
Does that NtK include the "reason" for the charge and also, does it include the times of observation?  Assume that you never received the NtD and the NtK was the first you knew about this, des the NtK contain the above information?

There was a PCN on the windscreen and then the NTK letter. The contravention in question is ‘not registered for a parking session at a location that had the terms of parking clearly displayed on the warning signs.’

Re: Park Direct PCN issued outside pub not currently trading
« Reply #14 on: »
There was a PCN on the windscreen and then the NTK letter. The contravention in question is ‘not registered for a parking session at a location that had the terms of parking clearly displayed on the warning signs.’

A "PCN on the windscreen" is known as a Notice to Driver (NtD). I asked:

Does that NtK include the "reason" for the charge and also, does it include the times of observation?  Assume that you never received the NtD and the NtK was the first you knew about this, does the NtK contain the above information?

So... unless you can show us all the relevant bits of the NtK, please clarify your answer to my question. Does the NtK give the "reason" for the PCN? Is the "reason" given on the NtK match the "reason" given on the NtD? I also asked if the NtK include the times of observation. Does it?
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain