PCN from National Parking Enforcement

[Innocent111]

Hi,

Please can someone advise what the next steps would be to respond to the PCN I received recently. I believe the no parking area mentioned in my letter is regulated by the council and not National Parking Enforcement.

From my experience from this forum, I am not obliged to tell anyone who the driver is, if so, please can you attach an appropriate template for the response,

Thanks in advance,

ps. redacted letter is attached.

[ostell]

What's on the reverse?

[Innocent111]

I have attached the reverse of the PCN, thank you.

[ostell]

The NTK looks valid so your best chance is to see if this is actual council land or there is a parking places order on the land. Check with your council, often info available on their website

[Innocent111]

Thanks Ostell,

I can't find anything on the Luton Council Website. If I go back to the site, do you think the signage could tell me if they have a 'parking places order'?
I will try and call the council and see if they can shed some light on this too.

The site is a block of apartments owned by Galliard Homes, know as The Landmark, however on the entrance of the road there are yellow zig-zag lines....
These weren't there a few months ago. The driver may have mistakenly parked on one of their bays or on these zig-zag lines.

I will try to get some pictures tomorrow.

Thank you.

[Innocent111]

Hi,

I have taken pictures of the signage and also made enquiries. The driver appears to have parked on the large square which says 'No Parking' thinking this was managed by the council. The council have confirmed from the start of the square until the road ends is a private road.

The camera is attached to a block of apartments as mentioned above so I assume they will be the beneficiary.

My questions are, how should the Registered Keeper respond? and Does the registered keeper need to legally tell this company who the driver was at the time of this offence? Will this result in further problems for the Keeper and incur further fines?

Thank you.

[Innocent111]

A response would be appreciated from this great forum

thank you.

[ostell]

So it's a forbidding sign, parking offered to a specific group and no offer of a contract to non members, no contract = no breach.

here's some text about the same but requiring permits:

The signage in the car park is of a “forbidding” nature. It is limited to cars displaying a valid permit only and therefore the terms cannot apply to cars without a permit because the signage does not offer an invitation to park on certain terms. The terms are forbidding. This means that there was never a contractual relationship. I refer you to the following case law: PCM-UK v Bull et all B4GF26K6 [2016], UKPC v Masterson B4GF26K6[2016], Horizon Parking v Mr J C5GF17X2 [2016] – In all three of these cases the signage was found to be forbidding and thus only a trespass had occurred and would be a matter for the landowner.

[Innocent111]

Thank you Ostell, I will write a letter and share with the forum before sending it off.

Can someone answer this though, Does the registered keeper need to legally tell this company who the driver was at the time of this offence?

[ostell]

There is no legal requirement in private parking to identify the driver.

Have you had more letters saying that you must identify the driver?

If the driver lives abroad then it would be advantageous to identify the driver.

[Innocent111]

There is no legal requirement in private parking to identify the driver.

Have you had more letters saying that you must identify the driver? No, just the letter I uploaded.

If the driver lives abroad then it would be advantageous to identify the driver.

- No, i'm afraid not but may work abroad....

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That's good I will add this to my letter:

There is no legal requirement to name the driver at the time and I will not be doing so.

[ostell]

So you could give them the name and address abroad , if it doesn't complicate matters for the keeper