Private parking sign validity of T&C's

[glassblower9]

Hello

Could someone look at the validity of this private parking T&C’s sign for me, please? The company is G24 and the parking event took place in Autumn 2019. At the time no appeal was entered and following numerous recent demands (ignored) from DCBL we now have a letter of claim from DCBLegal. I’m confident enough to respond to the letter of claim following advice from this forum.

However, I thought I’d show the signs displayed at the time (Image No.1) and let a more expert eye make a judgement. To my eye they seem to offer vague T&C’s for parking without permission which is trespass and as such is nothing to do with G24. Thinking of a defence stating I was parked there without permission.

In recent years the signs have all been replaced with new G24 signs (Image No.2) but they’ve inadvertently left one of the older style signs in place. The parking without permission bit has been dropped on the newer signs. I have google map images of the old style signs in place from the parking event in 2019.

Thank you

Image 1: https://drive.google.com/file/d/1n3t...ew?usp=sharing

Image 2: https://drive.google.com/file/d/1TRp...ew?usp=sharing

[des8]

Presumably you are being sued on the basis that the driver breached the contract.
In what way is it alleged the "contract" was breached?

If the driver was not a customer shopping at the site, he would have been trespassing as the sign specifically forbids non customers from parking.

[glassblower9]

Thank you. The allegation is an overstay of the posted 240 minutes by around 15 minutes. Not certain of the exact overstay because original paperwork is lost.

Thanks for confirming my thoughts about the non-customer/trespass.

Letter of Claim received from DCBlegal. I will acknowledge receipt by email. Shall I include non-customer/trespass defence in my response to LoC or leave until later down the line?

Thank you

[des8]

So you should only acknowledge receipt of the claim and not enter any defence at the moment.
You have 33days from date of issue of the claim form.

It is also a good idea to send a Subject Access Request to the parking company, and a CPR31.14 request to DCB Legal (Templates in SHORTCUTS panel on right)
In your requests ask for a copy of the management company contract with the landowner
Do not identify the driver when communicating with them

I would not rely solely on the non customer defence, but would examine the PCN for errors