3. CPM Ticket, unadopted road outside my house, hitched to caravan, Payment due MONDAY 26/8!!
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b789

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Re: CPM Ticket, unadopted road outside my house, hitched to caravan, Payment due MONDAY 26/8!!
« Reply #15 on: September 14, 2024, 05:21:22 pm »
Just one additional point, regarding the text I gave you that explains the reasons why PoFA has not been complied with, I would expect you to at least read it and if necessary edit it in your submission so that it doesn't look like you simply copied and pasted some advice:

Quote
Consequences for the Operator

Challenge Basis: If the notice is found to lack this crucial element, it can be used as a basis to challenge the parking charge.

Keeper Liability: The operator cannot transfer liability to the keeper, which significantly weaken their case if the notice to the driver or other requirements are also flawed or if the driver is unknown.

I have italicised just two bits of information provided that you should be reading and editing to make it sound as though this has come from you and presented in the third person. The headings I gave you are for your knowledge and the content should be adapted accordingly.

The advice highlighted above (as only one example) should be edited, possibly to read as:

Quote
Consequences for the Operator

Challenge Basis: If the notice is found to lack this crucial element, it can be used as a basis to challenge the parking charge.

The notice lacks this crucial element and I challenge the parking charge on this basis.

Keeper Liability: The operator cannot transfer liability to the keeper, which significantly weaken their case if the notice to the driver or other requirements are also flawed or if the driver is unknown.
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H C Andersen

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Re: CPM Ticket, unadopted road outside my house, hitched to caravan, Payment due MONDAY 26/8!!
« Reply #16 on: September 16, 2024, 12:48:54 pm »
OP, you are the keeper and leaseholder.

The sign purports to charge a driver - which includes you - a parking charge of £100 for not parking wholly on a parking space or on roadways i.e.the 'Estate'.

These parking spaces are allocated to leaseholders.

IMO, a RK/leaseholder cannot be held accountable to two masters.

So, if you authorise a driver to use your bay and they do not park wholly within then what's their and your liability? £100 as RK or the landlord's wrath or whatever other sanction is available to them under the lease?

Both?

So, if you tell a driver to park your vehicle 'on the Estate except on the [your] parking space' then who is liable to whom and for what?

IMO, the scope of the signs excludes leaseholders whether directly or indirectly unless there are provisions within your lease to the contrary.
« Last Edit: September 16, 2024, 12:50:48 pm by H C Andersen »
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  3. CPM Ticket, unadopted road outside my house, hitched to caravan, Payment due MONDAY 26/8!!