PCN one solution Brighton -

[Jemima Rose]

Can anyone please help - received a PCN parking briefly in a friend's car park at night and unable to see the signs. Will attach PCN and sign in car park- thanks

I am hoping to chat to mystery1 member as he has been so helpful a few years ago but of course happy to hear from anyone able to help

[ostell]

Re: PCN one solution Brighton -

That PCN is not POFA compliant and cannot hold the keeper liable for the actions of the driver. There can be no assumption that the keeper is the driver.

If you couldn't see the signs because it was dark then there could be no contract and therefore no breach. Try and get photos without flash at the same time as the alleged breach to show that it was impossible to read the signs.

It sounds ad though the signs were forbidding in that they were not making an offer of parking. No contract then again there can be no breach.

[Jemima Rose]

Re: PCN one solution Brighton -

That PCN is not POFA compliant and cannot hold the keeper liable for the actions of the driver. There can be no assumption that the keeper is the driver.

If you couldn't see the signs because it was dark then there could be no contract and therefore no breach. Try and get photos without flash at the same time as the alleged breach to show that it was impossible to read the signs.

It sounds ad though the signs were forbidding in that they were not making an offer of parking. No contract then again there can be no breach.

Thanks for replying so swiftly ....besides taking photos what is my next move?

[charitynjw]

Re: PCN one solution Brighton -

There is also the issue that it was your friend's car parking space.

What does your friend's lease/tenancy agreement state about parking?

Btw, this parking co has only 'done' court once so far this year.

[Jemima Rose]

Re: PCN one solution Brighton -

There is also the issue that it was your friend's car parking space.

What does your friend's lease/tenancy agreement state about parking?

Btw, this parking co has only 'done' court once so far this year.

Am attaching notice from car park, will return to car park tomorrow evening to photograph signs in the dark.

What should I do next please?

[charitynjw]

Re: PCN one solution Brighton -

Try to obtain a copy of your friend's lease/tenancy agreement.

[Jemima Rose]

Re: PCN one solution Brighton -

I have been unable to get hold of my friend, I think they are away.
Am attaching some signs at night and also in the day.
I was parked at night and didn't notice the signs.
Should I appeal on-line, my 28 days is up on Wednesday.
If I appeal what should I say?

[charitynjw]

Re: PCN one solution Brighton -

The lease/tenancy agreement may well be key to this, so keep trying.

& yes, appeal.
That way, if they reject your 'soft' appeal, you should receive a POPLA code for further appeal.

I would appeal as registered keeper, stating that the signage is not illuminated, the Notice to Keeper is not compliant with the Protection of Freedoms Act 2012 Schedule 4 (no need to say exactly why), & in any event the driver is covered via a resident's own (tenancy or lease) agreement concerning parking arrangements, which negates any assumed authority by the parking operator.
Demand that they drop their spurious claim.