Stepson parked in a visitor's space in a private development whilst staying overnight with a mate,

has received a parking charge notice for not displaying a permit.

No notice to keeper yet, and I've asked him to go back and take photos of the signs.

Can't find anything about this company through forum search or reading through thread titles,

they're IPC so I can guess an appeal will be pointless.

Mostly what I need to know is if they do court?

If you look at their website, you can gauge for yourself the likelihood of them taking court action, just read between the lines and how much BS they spout....

This company only started this year so nothing much is known about them yet. The fact they are members of the IPC should mean that any appeal will fall on deaf ears. Members of the IPC do not generally follow PoFA and as such, cannot go after the keeper however it is also known that other companies will go after the keeper on the assumption that they were also the driver.

Of course the keeper is not obliged to name the driver.

2 things to get hold of if a fight starts over this.

1) copy of lease

2) photos of signage and entrance to the development from the public highway.

If yiu cant see the signs when entering the land then hwo are you supposed to consider a conditional offer of how you use that land.

I bet that the signage says something like resident permit holders only and that means anyone who doesnt have one is trespassing. trespass is not a contractual matter.

http://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket

please fill this out

dx

Thanks for replies so far.

Have looked at the location on Streetview xxxxxxxxxx and there are no signs at the entrance. Waiting for photos of the signage and will post when received along with other info.

goodo, take a screenshot from Google and file it away. Better to stock up on ammunition before the battle then have to look for it at the time. When NTK arrives we want to see the datemark on the envelope as well so tell him to keep that (just in case the timing is suspect)

According to Google streetview, the road that goes past the close shows no signs but that image was taken in May this year. The further you go into the close, the date changes to 2014 so no real use at the moment.

I say it is useful becasue it provides a snapshot of what things were like at a fixed point in time. If a contract they claim to have covers that period then they have some explaining to do

So far stepson has just had the windscreen ticket , no appeal made.

There are definitely no signs at the entrance , only one on the front of the garage which is visible in the photo and another around the side. The wording on the signs is identical .

Stepson arrived in the dark and parked in the first space to the left of the entrance, just in front of the red vehicle in the photo.

From there he did not need to walk past either of the signs to reach the flat entrance, and the 'mate' he was visiting didn't mention permits and in fact told him he could park anywhere.

I presume we wait for the Notice to Keeper before doing any more?

Ah, this is different to what I was assuming.

More assumption.

His mate lives on that site so he is allowed to park. I also assume there are no visitor permits.

I would be asking his mate to contact the landowner or agent to get this cancelled. He was parked with his mates permission.

With the sign, the image above shows a light above it. IF it is a motion sensor light, this wouldn't be lit until approached therefore it would be unseen. As there are only two signs, it is reasonable that they could be missed.

Yes to waiting for the NTK

Unfortunately Stepson and 'mate' have already fallen out over this so no chance of any assistance from him. I'll give it a few days then suggest a conciliatory approach.

the signage is prohibitive rather than contractual.

the big letters make it clear no parking without permit.

He had no permit so is trespassing.

the small writing doesnt mean anything so at best is confusing and contradictory and that would frustrate any contract offerd by thwe signage

Nothing to indicate that conditions of entry to the land apply from the public highway so then the size and siting of the signage would have to be considered even if the wording was meaningful.

In short, any claim would have no real prospect of success so when the NTK arrives post that up so we can read its contents as I would also bet, being IPC members that this is not compliant witht eh protocls of the POFA to create a keeper liability anyway.

Thank you, will post again when it arrives.

Notice to keeper has arrived and was passed on to me yesterday as I was about to leave home,

I have no access to a scanner at the moment.

Notice is dated 18th January and was received on 19th.

To save scrolling back,

the windscreen ticket was dated 26th November with the reason for issue being 'no permit'.

There is no photographic evidence and no appeal has been made.

The NTK doesn't mention POFA,

parking company is Countrywide Parking,

address where the vehicle was parked is given as xxxxxxx (no further details) in the NTK.

Having checked on Streetview, this is the name of the development where the vehicle was parked, but there is no number xx.

What I would like to do is put sufficient detail in a get lost letter to make the parking company go away and find an easier target.

By my calculation, the NTK has just arrived in time.

Are there any other grounds for keeper liability to not apply?

Is there any point denying the vehicle was ever parked at the address given in the NTK?

I know the signs are deficient, and will be using that approach.

Would planning permission be needed for these signs as it would be e.g. in a supermarket car park?

I think I understand the difference between a claim for trespass and a claim for breach of contract - this would, at best, be trespass?

As there wasn't any reasonable cause to obtain keeper details from DVLA, can we also claim breach of DPA?

As always, any and all help appreciated.

the wording of the NTK is most important,

plus cetain payment details and identification of the creditor and that means a proper address somewhere,

Trespass can be applied but that is only by the landowner, not a parking muppet

When we have seen the NTK we can advise of what to do next,

it may be a simple letter or it may be an offer for them to pay you for breaking the law!

Photo of the NTK hopefully attached.

CPM NTK.pdf

well, it is not POFA compliant for more than one reason.

They fail to say why the amount is due

- ie the specific breach of condition or a sum owed as a contractual consideration.

They also fail to use the correct description of the sum due and any discounts offered

so again the signage will help you on this point.

They cant offer a discount for say 28 days and then say that this has passed before they send out the NTK.

The discount starts at the issue of the notice .

However the POFA is a little ambiguous on this start/end date for discounts

but then again the parking shouldnt have it as a term if they arent going to honour it.

If you intend fighting this then it is all water under the bridge

My letter to the parking co started "This is not an appeal and should not be treated as such ...."

They have clearly read it very carefully before sending what is quite obviously a standard response which begins "Thank you for your appeal .."

Perhaps no one in their office can read?

well, at least you knew before you sent it that it wouldnt be considerd properly.

They wont cancel the ticket because they know that in reality all of their money comes from claims that arent up to being scrutinsed properly so they wouldnt want to open the floodgates and put themselves out of business.

your inbox is full, empty it and I can respond to your PM

Thread temp closed.

Regards

Andy