Parking Eye Montgomery Square Rotherham Information.

[dx100uk]

it is not a fine, please dont use that word only a council/magistrates/police can fine you.

 

these are speculative invoices for supposedly breaking some kind of imaginary contract the driver entered into by driving onto private land which may or may not be covered by a valid contract with the land owner. 

 

 

[Bazooka Boo]

Excellent mate, you got here finally,  well done.

 

I see what you mean!

 

LFI I've uploaded photos of the signage and the PCN, DX asked me to load them all onto one pdf which I've done on the previous page.

 

As Billy is here now then obviously the questions won't have to go round the roundabout and he can respond as best he can.

 

If you get stuck with anything Billy then you know how to get hold of me, Looking for info is the SME on private parking companies.

 

I'll keep checking in when I can, or if you ask me, I've got a little issue with another outfit.

 

 

[lookinforinfo]

Hi Billy, thank you for coming on to the Forum and a belated welcome to the Forum.. 

 

The reason I asked about having issues with PE is that normally after motorists don't respond to PCNs the first thing the parking crooks do is to send letters from debt collectors and if that has no effect, they get solicitors to write. But in your son' s case they have gone straight to taking him to Court.

 

Could you please post the Notice to Keeper which should have been dated shortly after the alleged offence occurred.

 

[Billy Idol]

Hi there

 

I hope I've done it correctly try this time, I'm pretty clueless with all of this.

 

I have attached all correspondence received to date  

 

Rotherham PDFs.pdf

[lookinforinfo]

Thanks for that Billy but there is still one PCN missing and that is the most important one. It is probably dated 29/4/2021 and iy say Notice to Keeper.  There are quite a few things on it that can harm their case so it would be great for your son if you could find it .

[dx100uk]

On 21/06/2021 at 20:41, Bazooka Boo said:

I appreciate that the photos of the signage are not great, however, the sign to the CP is simply stating ''Tariff payable by phone''.

 

Signs make reference to T&C's on signage in the car park, but I can't see any separate sign with T&C's on.

 

The other signs lay out the tariff payable.

 

Is the sign at the entrance supposed to inform drivers that it is a private car park and what tariffs are payable?

 

 

 

Apologies here is the PCN, this makes it as clear as mud!

 

 

PDF's merged compressed and attached.......

Parking Lie Rotherhamb-merged.compressed.pdf 1.06 MB · 7 downloads

both here

 

dx

 

[Billy Idol]

I have finally tracked down the PCN and I apologise for the time taken.

 I have gone though  a lot of paperwork and it was an unopened letter, so frustrating

 

Also I hope I have blanked out the relevant parts 

images-to-pdf.pdf

[Bazooka Boo]

So in theory, it's trespass as no payment was made, plus the signage is pants, there are no T&C's which they refer to and if you don't have a mobile phone you can't pay anyway.

[lookinforinfo]

Thank you for posting the NTK.

Usually the parking companies get the wording wrong on it so that only the driver is responsible for the alleged debt.

Sadly this is not the case with your one, they do have the right to pursue the keeper even if they weren't the driver.

 

If one of you can get close up photos of the signage at the entrance and around the car park as well as the ticket machine and its Terms and Conditions on it or near it. There may well be factors there that mean there is no liability to pay their alleged debt.

 

Also how are you getting on with the planning permission for the signs. The Local Council usually have a website for the planning department so all you need is either the postcode or the street number and the street to find out what has been applied for.

[Bazooka Boo]

Parking Lie Rotherhamb-merged.compressed.pdf

 

They are at post #11 LfI.

 

Not fantastic, but the sign at the entrance is brilliant!

Edited June 29, 2021 by Bazooka Boo

[Billy Idol]

I have had no joy in getting to speak with anyone from the Rotherham council so I have just emailed them, I hope to get a response soon.

 

There is no pay meter as the only method of paying is via a mobile device.  

 

I will go back to the car park and I will take a close up pic of the T's&C's.

 

I will do whatever I need to do.

 

[Billy Idol]

I have been able to go back to the carpark this evening and I have pictures of every sign in the carpark.

 

I hope this helps

images-to-pdf(2).pdf

[Bazooka Boo]

Excellent shots, well they refer to T&C's but don't have any, and the sign at the entrance might as well have been written by a two year old on A4 paper.

Fail in so many ways.

[lookinforinfo]

Bazzoka Boo is quite right the enhance sign is a waste of time since it does not establish that there is a contract between the parking company and the motorist.

 

Saying that the Terms and conditions are inside the park means that you are entering without knowing what the T&Cs are. They could say that if you stay there for more than 1 minute it will cost you £500. No Court would accept that as being a valid contract.

 

The entrance sign is an invitation to treat, not a contract.

This may make it clearer or not.

https://www.lawteacher.net/free-law-essays/contract-law/offers-and-invitation-to-treat-contract-law-essay.php

 

And as it is an invitation to treat despite what the crooks in the parking world tell you, silence in this situation is not acceptance.

https://en.wikipedia.org/wiki/Felthouse_v_Bindley

 

[Billy Idol]

I have emailed the council and I await a response regarding the planning permission

 

Should I respond to the Cowboys in the meantime or is it still not time?

 

[dx100uk]

yours is not the next move.

 

dx

[Bazooka Boo]

Just mark time Billy, let them tie themselves up in knots.

[dx100uk]

a dca is not a bailiff

and have

ZERO legal powers on any debt - no matter what it's type

 

safe to ignore everything until/unless you get a letter of claim with a reply pack

 

dx

 

[Bazooka Boo]

Ignore these donuts, they are NOT bailiffs, even though their silly little missive states that they are, in this instance they're simply acting as powerless debt collectors and can be ignored.

 

 

[dx100uk]

Just looked to see if theyd put the bailiff disclaimer at the end...they have, but its totally unredacted to me.. So ive hidden the post

[Bazooka Boo]

Just like they'd love to hide the disclaimer, makes my teeth itch utter clowns.