F1SRT parking

[Husein55]

Hi,
Excuse me as this is my first time posting and using the website is a bit confusing. A driver that parked on coleshill street, Aston University, received a notice to driver on the windscreen from F1RST parking on the 25/10/18. The car was the only car to recieve a ticket on this land and to this day there are cars parked there daily in the same location that don't receive tickets. Regardless I received an NTK through the post today, the 29/11/18. Is this NTK compliant under POFA 2012. Please let me know if the picture quality isn't sharp enough.
Thanks

[des8]

As requested by PM am tagging ostell
Be aware that this is the weekend and sometimes family take precedence over LB so you might have to wait for a response

[ostell]

Does the information on the windscreen ticket compare with the data on the PCN?

They have failed to specify paragraph 8 (2) (e) as required by the Act
They have failed to specify date notice is sent 8 (2) (i) . This is not the same as date issued.

How about photos of signs?

[Husein55]

Edit ignore

[Husein55]

Unfortunately the windscreen isn't available right now let's say, however I can provide pictures of the signs tomorrow. It's weird as cars still park there in this same location and don't receive any tickets. The signs dictate permit holders/disabled badge however the no cars have permits.

[Husein55]

Sorry for the delay, here are the photos. I've provided a 3d view of the road as well. Please let me know if the picture of the sign isn't sharp enough.

[ostell]

If that is the sign next to where your car was located then it is a forbidding sign. It says "No Parking at Anytime" which is not an offer to park. Having said no parking it cannot then go on to create an alleged contract for parking and then claim the contract for a breach or under the conditions.

They also claim that the "offence" was parking without a valid permit but there was no parking at anytime and the alleged breach cannot exist.

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 the information as prescribed by section 8 (2) (e) 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.

Additionally the signage in the car park is of a “forbidding” nature. It states "No Parking at Any time" and therefore the terms cannot apply 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.

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.

[Husein55]

Okay, if the date issued was the 27th. Should I send this through first class post (with a receipt of postage) when it comes to 27 working days or 27 normal days? Thank you.

[ostell]

you send so that it arrives on day 26, calendar days.

[Husein55]

Okay so I'll send it off when it comes to 25 days then. Thank you loads Ostell you're the best.

[Husein55]

Hi, so this came through the post. Shall I wait for a debt collectors letter to come through and show that the NTK that came through to the post is not compliant with POFA 2012. I could let this go to court and it could be an easy win and claim money back because they can only claim through POFA?

[ostell]

So your certificate of posting shows that you sent it in plenty of time? If so then ask them why they have refused as you have proof that it was sent and here's a copy of the certificate.

[Husein55]

Unfortunately because I was having a few issues it wasn't posted in time but if this ever got to court I would be theoretically protected under POFA as it's the only way to hold the keeper liable?

[ostell]

Yes POFA should be a good defence

[Husein55]

Thank you for all the help, I'll still send a response when an LBCC arrives to avoid headache however if they do pursue the matter then knowing I'm well defended lots me at ease. Is there an option to donate to the site?