London Parking Solutions - PCN

[rowbot]

Hi,

I just got a PCN through the post from London Parking solutions. My car was parked behind the block of flats where I live, it's free everywhere else. I was parked in a non marked zone (there are no markings anywhere.) opposite the garages, so I assumed it should be fine and should be part of the rest of the block.

Shouldn't they mark their area so we know it's theirs and to distinguish from the rest.

Not sure if it's worth the appeal or shall I just pay it off?

Thanks for your help in advance.

[ploddertom]

Wait for further advice.

[ostell]

Edit so that the identity of the driver cannot be inferred, use "the driver......" etc

What does the lease say about parking?

Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give notice of keeper liability as prescribed by section 9 (2) (f) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

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

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours etc

Also that sign is forbidding

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.