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alleged parking violation on 12th august / ntk letter dated 28th aug is this timed out ,if so what next.

 

Who is the PPC?

 

The timings are only wrong if they are trying to use the POFA.

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The NTK is dated 16 days after the parking event?

 

That is unusual for them but not unheard of. The conditions of Schedule 4 of the POFA 2012 have not been met. So no keeper liability...

 

It's not a hire car is it?

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not hire car,if no keeper liability what do we do now,where do I read this pofa schedual,pofa stands for.

 

State that as RK you are not liable and will not be naming the driver.

 

Sit down, clear your mind... and digest this;

 

http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

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  • 3 weeks later...

my local super market has just changed the car park operater to Parking Spy.

council says they have no planning permission for the signs or ANPR cameras.

what are the legal implications of the tickets that are given out when there is no planning consent for the signs.should I keep this as the ace in my hand until I need it ?.

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Without planning permission, then any and all of their speculative invoices will be unenforceable, not that they are enforceable anyway.

 

ericsbrother will be the font of all knowledge on this particular point.

 

AFAIK Parking Lie have lost their licence to issue any more invoices??

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Without planning permission, then any and all of their speculative invoices will be unenforceable, not that they are enforceable anyway.

 

ericsbrother will be the font of all knowledge on this particular point.

 

AFAIK Parking Lie have lost their licence to issue any more invoices??

sorry to ask enlighten me on this one plz. AFAIK.
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Under the 2007 planning regs for advertising signs if a sign is over 0.3m2 it need planning permission. there are 17 classes of PP for signs and some are basically a nod through so all you have to do to get PP is to say i want to put a sign up and they cant say no (there are obviously exceptions but that will be down to other restrictions).

 

For certain signs there is a thing called "deemed consent" this includes the house number on your front door, informational signage such as bus stop signs, signs for fire exits etc. Parking contracts are not included but a no parking sign may well be (not always)

 

I have seen cases where parking co's claim they are entitled to deemed consent as their signs are informational. Well, a judge has said no they arent in the same class so PP is required. If a parking co is under 0.3 sq m then it is too small to be considered adequate for contract purposes and even the BPA say that it should be this size as a minimum so no argument there really.

 

Now, where it gets interesting is that NOT having planning permission is a criminal offence and you cannot agree to any contract that is based upon criminal activity otherwise people will be suing each other for not robbing banks or for charging too much for their marijuana etc. I had a run in with Parking Eye on this point and complained to the local council planning dept and to the Valuations Agency regarding the use of the land. The council ordered PE to remove their signs and submit a planning request, which was granted F.o.c because of the size and content of the signs but they made PE change the wording and font size of the signs to make them intelligible.

 

This undoubtedly cost PE a few thou to get the new ones so a good result in my mind. The VA complaint was about the land being a separate address to the store it served as it was held on a different deed. The store owner did a deal with the VA and the council to pick up the rates tab for PE (shame, but you can see their point, PE arent going to be there for ever)

 

If the parking co's dont have planning permission and they fail to rectify that after they ahve had an appeal based on repudiation of contract for being repugnant then they are committing fraud by misrepresentation every time they send out a new demand as they know it is based on a criminal deceit. I would love Trading standards or the police to hammer them but that is very unlikely.

 

The lack of planning permission is something that I would save for an upper level appeal to POPLA, the courts or even better the IAS. I would love to see the IAS's response as the only time it has been used before it was dismissed with the IAS saying that deemed consent applied. That shows you what a bunch of ignorant asses they are.

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  • 2 weeks later...

There is no ' legal ' size for signs. But for the BPA aos members they should follow the CoP for best practice...

 

28 Signs and information 28.1 A driver who uses your private car park with your permission does so under a licence or contract with you. If they park without your permission this will usually be an act of trespass. In all cases, the driver’s use of your land will be governed by your terms and conditions, which the driver should be made aware of from the start. You must use signs to make it easy for them to find out what your terms and conditions are. 28.2 Entrance signs, located at the entrance to the car park, must tell drivers that the car park is managed and that there are terms and conditions which they must be aware of. Entrance signs must meet minimum general principles and be in a standard format. The size of the sign must take into account the expected speed of vehicles approaching the car park, and follow Department for Transport guidance. Industry-accepted sign designs and guidance on how to use the signs are in Appendix B. 28.3 Specific parking terms signage tells drivers what your terms and conditions are, including your parking charges. You must place signs containing the specific parking terms throughout the site, so that drivers are given the chance to read them at the time of parking or leaving their vehicle. Keep a record of where all the signs are. Signs must be conspicuous and legible, and written in intelligible language, so that they are easy to see, read and understand. Signs showing your detailed terms and conditions must be at least 450mm x 450 mm.

 

 

http://www.britishparking.co.uk/Code-of-Practice-and-Compliance-Monitoring

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friends just got a windscreen ticket on the car,ticket states parked in contravention of site parking restrictions,and they want £100 if we pay by credit debit card they want £4.50 charge. problem is they own the land the cars parked on.

Elite management (midlands ) ltd. do we just ignore them and laugh when we arrive in court.

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You wait for the NTK.

 

Post up the NTD please as if it is anything like their website, then it is worth a look!

 

http://www.elitemanagementonline.co.uk/

 

They use ' effective car park management' on a road....

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I love their effective paking management- build a fence and then photograph the place when there is no event on that caused the adjacent car park to be full and overflow onto the roadway. It appears that the effective bit is not to hold the events.

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We should all be reporting non compliant signage now, as sanction points should be dished out to BPA members...

 

'Signage Project is Ending'

 

http://portfolio.cpl.co.uk/Parking-News/346/8/

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