Enterprise Parking Solutions PCN

[Westernzak]

Hi, can somebody help me with this PCN please??? I can’t find any other PCNs about this company on the forums. What could my fight be with this??? Any advice? I would be very grateful if anyone has a letter template I could reply with.

[ostell]

You've redacted the dates.

They have failed to give the invitation to keeper, 9 (2) (e) in the format required by POFA

No Period of Parking 9 (2) (a)

What did the signs say to get an unauthorised parking ticket?

[Westernzak]

How can I edit the picture pal

[Westernzak]

Thanks, sorted it!

The driver is going back tomorrow to have a look but basically it is a small parking area leading to flats at the back of a building with 2 shops at the front. They have some sort of sign there but the driver didn’t read. The driver has parked there before without an issue but they must of installed CCTV there now.

[ostell]

Just post the dates on here

[Westernzak]

Pictures of the area & signage

[Westernzak]

[Westernzak]

[ostell]

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 invitation to keeper in the format prescribed by section 9 (2) (e) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

Additionally 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.

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

[Westernzak]

Thank you very much pal. I’ll get it sent off today.

[Westernzak]

[Westernzak]

I’ve just received this letter from Enterprise. What do I need to do now?

[Westernzak]

Can anybody give me any advice on this??

[ostell]

Yes, you appeal to POPLA

[Westernzak]

Ok thanks, Any advice or templates on what I write on the appeal?