3. PCN For Private Land
« previous next »
Pages: [1]

Author Topic: PCN For Private Land  (Read 1359 times)

0 Members and 79 Guests are viewing this topic.

PCN For Private Land
« on: »
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?

Whats-App-Image-2023-10-11-at-20-15-14 hosted at ImgBB
Image Whats-App-Image-2023-10-11-at-20-15-14 hosted on ImgBB
ImgBB · ibb.co
Logged

Share on Bluesky Share on Facebook

Re: PCN For Private Land
« Reply #1 on: »
Quote from: jeezy on October 11, 2023, 08:24:54 pm
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?

Quote from: jeezy on October 11, 2023, 08:24:54 pm
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.
Logged
Away from 29th March - 5th April
Posting for the first time? READ THIS FIRST - Private Parking Charges Forum guide | House Rules

Useful Links (for private parking charges):
Protection of Freedoms Act 2012 (PoFA) Schedule 4 | Private Parking Sector Single Code of Practice
Re: PCN For Private Land
« Reply #2 on: »
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
Logged
Re: PCN For Private Land
« Reply #3 on: »
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?
Logged
Re: PCN For Private Land
« Reply #4 on: »
Not really - a letter sent by first class post is presumed delivered 2 working days later unless the contrary can be proved.
Logged
Away from 29th March - 5th April
Posting for the first time? READ THIS FIRST - Private Parking Charges Forum guide | House Rules

Useful Links (for private parking charges):
Protection of Freedoms Act 2012 (PoFA) Schedule 4 | Private Parking Sector Single Code of Practice
Re: PCN For Private Land
« Reply #5 on: »
Quote from: DWMB2 on October 18, 2023, 05:28:42 pm
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
Logged
Re: PCN For Private Land
« Reply #6 on: »
Quote from: DWMB2 on October 11, 2023, 09:08:59 pm
Quote from: jeezy on October 11, 2023, 08:24:54 pm
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?

Quote from: jeezy on October 11, 2023, 08:24:54 pm
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

Whats-App-Image-2023-10-21-at-11-34-56 hosted at ImgBB
Image Whats-App-Image-2023-10-21-at-11-34-56 hosted on ImgBB
ImgBB · ibb.co


Whats-App-Image-2023-10-21-at-11-35-01 hosted at ImgBB
Image Whats-App-Image-2023-10-21-at-11-35-01 hosted on ImgBB
ImgBB · ibb.co
Logged
Re: PCN For Private Land
« Reply #7 on: »
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.
Logged
Away from 29th March - 5th April
Posting for the first time? READ THIS FIRST - Private Parking Charges Forum guide | House Rules

Useful Links (for private parking charges):
Protection of Freedoms Act 2012 (PoFA) Schedule 4 | Private Parking Sector Single Code of Practice
Re: PCN For Private Land
« Reply #8 on: »
Quote from: DWMB2 on October 22, 2023, 07:18:45 pm
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
Logged
Pages: [1]
« previous next »
  3. PCN For Private Land