Hi - Updated the first post - btw how can you decipher whether it is a private estate or a public road?
At the entrance to the land, there should be a sign clearly stating that the driver is entering private land and the sign should tell the driver to see the signs with the terms and conditions. Was there a sign at the entrance or was so inconspicuous that the driver could not notice it?
For now, do nothing. Wait for them to send a Notice to Keeper (NtK). They must not send it before 28 days after the alleged contravention. They must send it before 56 days after the alleged contravention.
How prominent were the signs? Do they adequately notify the driver of the charge for breaching the terms and conditions?
Does the sign you’ve shown us mention how to obtain a permit for parking? If not, no contract can have been formed.
All stuff to be used in any appeal after the NtK is received.
Hi - Updated the first post - btw how can you decipher whether it is a private estate or a public road?
At the entrance to the land, there should be a sign clearly stating that the driver is entering private land and the sign should tell the driver to see the signs with the terms and conditions. Was there a sign at the entrance or was so inconspicuous that the driver could not notice it?
For now, do nothing. Wait for them to send a Notice to Keeper (NtK). They must not send it before 28 days after the alleged contravention. They must send it before 56 days after the alleged contravention.
How prominent were the signs? Do they adequately notify the driver of the charge for breaching the terms and conditions?
Does the sign you’ve shown us mention how to obtain a permit for parking? If not, no contract can have been formed.
All stuff to be used in any appeal after the NtK is received.
Noted - So the driver was driving through marine drive to find a parking and
this sign must have been blocked by other cars on the day as it was very busy with loads of vehicles everywhere.
There were no advice on how to obtain permit and the only sign was the one in the picture in first post.
OP or mod can someone take down OPs windscreen ticket as it shows both pcn number and reg
OP or mod can someone take down OPs windscreen ticket as it shows both pcn number and reg
Done - OP please Re-upload with said details obscured.
What should be the drivers next course of action
well first off you should read the sticky that says...
https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/
then post up the actual PCNs.
just for other members info
Kingsgate Avenue is a private road on a private estate.
Hi - Updated the first post - btw how can you decipher whether it is a private estate or a public road?
the signs at the top and bottom of Kingsgate avenue and Fitzroy avenue state its a private road.
AFAIK it's resident permits only maybe resident visitors permits are available.
the reason the digns are set back up Kingsgate ave is to allow parking in the side car park.of the pub.
OP or mod can someone take down OPs windscreen ticket as it shows both pcn number and reg
Done - OP please Re-upload with said details obscured.
Are you able to edit the first post to include this please - thank you
I have just received this PCn dated 19th September. It is not a Ntk as previously suggested.
The other driver has received this - please note this was sent to his leasing company
Hi all - Any update on this please? The PCN was sent on the 19th of September and the 21 days to make an appeal would be this Thursday 10th of October 2024
I would draft something up on the basis of shoddy signage.
Regarding the second PCN issued to the lease company, the lease company should nominate your friend as the hirer of the vehicle, after which he should receive something in his own name, has this happened?
Well, the "other driver" (not strictly true unless you want to throw them under the bus), or do you mean the Hirer (lessee) of the other vehicle? If the vehicle is leased (hired) what has been received is a "golden ticket" because CPM will have failed to fully comply with PoFA paragraph 14.
In your case, not so lucky. You have received a Notice to Keeper (NtK) which is basically PoFA compliant which means that even if the driver is not identified, liability can be transferred to you, the Keeper.
If you want to appeal, for what it's worth, then throw something together and see if you have any luck. When it is rejected, I wouldn't bother with an IAS appeal. That doesn't mean you should pay.
If you really want to appeal it, I would suggest it is done in the ultimate dispute resolution service, the county court. Assuming it ever went that far of course. That is very unlikely.
The most likely successful outcome is any claim eventually issued is discontinued early next year.
Just to clarify, are seeking advice and passing it on to "the other driver" to copy what you do? If their vehicle is leased, it is a different situation from here on. If they want advice on how to handle their "golden ticket", I suggest a separate thread so as not to confuse the two.
Well, the "other driver" (not strictly true unless you want to throw them under the bus), or do you mean the Hirer (lessee) of the other vehicle? If the vehicle is leased (hired) what has been received is a "golden ticket" because CPM will have failed to fully comply with PoFA paragraph 14.
In your case, not so lucky. You have received a Notice to Keeper (NtK) which is basically PoFA compliant which means that even if the driver is not identified, liability can be transferred to you, the Keeper.
If you want to appeal, for what it's worth, then throw something together and see if you have any luck. When it is rejected, I wouldn't bother with an IAS appeal. That doesn't mean you should pay.
If you really want to appeal it, I would suggest it is done in the ultimate dispute resolution service, the county court. Assuming it ever went that far of course. That is very unlikely.
The most likely successful outcome is any claim eventually issued is discontinued early next year.
Just to clarify, are seeking advice and passing it on to "the other driver" to copy what you do? If their vehicle is leased, it is a different situation from here on. If they want advice on how to handle their "golden ticket", I suggest a separate thread so as not to confuse the two.
I would draft something up on the basis of shoddy signage.
Regarding the second PCN issued to the lease company, the lease company should nominate your friend as the hirer of the vehicle, after which he should receive something in his own name, has this happened?
I have split the thread as per the suggestion.
@b789 - Apologies for this noob question but is a notice to keeper same as a Parking Charge Notice? I thought they were different or maybe due to it being a private rather than council one doesn`t make any difference?
Should I draft something up regarding the shoddy signage as mentioned by
@DWMB2 and if yes, is there any template for that? And why can`t the template letter which notifies the parking company that I as the owner does not want to nominate the driver work in this instance?
And what you`ve mentioned is let this sit until it goes to county court? If ever it will right?
Thanks for all your help
