PCN parking collection services

[Subs187]

Hi the driver of the a vehicle received a letter for 'parked in a permit only parking area without clearly displaying a valid permit'

There was no permits previously required although this seems to have changed

No ticket was issued or left on the vehicles windscreen instead a penalty notice has been sent to keeper within a few days of the alleged contravention.

is the sign forbidding and no contract is formed if you Don't have permit?

Based on the sign and letter are there any other grounds to appeal?

Thanks

[echat11]

One for ostell to advise.

[ostell]

Yes,its a forbidding sign.

The PCN appears to be correct apart from the period of parking.

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.

[Subs187]

Template appeal below if it's correct or anything to add

whom this may concern,

I am the registered keeper in receipt of your request for payment, reference X.

In your letter you state that by parking in the described location, the driver of my vehicle has become liable for a parking charge as set out in the terms and conditions.

The terms and conditions you refer to are of a forbidding nature. There is no offer of parking unless the driver had a permit.

As these terms are 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.

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 not upheld by the Courts.

As there is no contractual relationship between the driver and yourself, there is no need to provide the drivers information and therefore this matter is closed.

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.

[Subs187]

Hi the appeal has been rejected as below. Please could you advise the next steps with popla appeal.


I have carefully reviewed the case and considered the points that you raised in conjunction with the facts and evidence available to me. On this occasion, your appeal has been rejected as I am satisfied that this PCN was issued correctly. I have explained the reasoning behind this decision in more detail below.
My findings

Oat Street Car Park is private land and is subject to a parking management scheme put in place by the operator at the landowner’s request. There are specific terms and conditions in place as part of this scheme, which are displayed on the signs in place at the site. These signs have been installed in clear and prominent positions.

At this location, parking is only permitted for valid permit holders with their permit on display.

On 13/09/2021, the vehicle was parked without a valid permit on display. This was a breach of the terms and conditions and the PCN was correctly and legitimately issued as a result.

Our letter refers to the period of parking as 'the period immediately preceding the time of issue'.

The claim in question is based in contract law. When the vehicle was parked on site, a parking contract was entered into with the parking operator. As part of this contract, it was agreed that the charge detailed on the signs would be paid should the vehicle not be parked in accordance with the terms and conditions of parking.

Please note that this PCN was issued in line with the Protection of Freedoms Act 2012. If the driver’s contact details are not provided within the stipulated timeframe, liability for the charge will rest with the registered keeper of the vehicle.

Ultimately, it is the responsibility of the motorist to ensure that they seek out, read and comply with the terms and conditions of parking that are in place. By parking on site in breach of these terms and conditions, it has been agreed that the charge detailed on the signs will be paid.