Incorrect signage - Smart Parking

[Penny12]

Hello all,

I received a PCN yesterday stating that I broke the T&C in a private car park therefore the fine is £100 and discounted to £60 if pay within 14 days.

However, on inspecting the sign it states that 'A Parking Charge Notice of £80 may be issued to all vehicles not displaying a valid permit'

Could I appeal on the grounds that the PCN is not valid due to the amount being asked is incorrect?

Kind regards

Penny x

[ostell]

Re: Incorrect signage - Smart Parking

The sign says "Parking Permits Only" Was a permit displayed on the car? What was the reason the PCN was issued?

That sign is a forbidding sign in that there was no offer of parking to a car not displaying a permit therefore there can be no contract and therefore no charge at all. The amount they are asking for is a penalty and therefore not permissible.

Presuming this is a windscreen ticket wait till the Notice to Keeper arrives at the address of the Registered Keeper. Do not identify the driver,

Modify your post so that the driver cannot be identified.

[Penny12]

Re: Incorrect signage - Smart Parking

Thanks Ostell,

No permit was displayed on car. It was late at night and I couldn't see a ticket machine in the car park. The shop was closed. I'm assuming the permit may be obtained from inside the shop. Impossible to get into shop without breaking and entering.

The reason in the PCN letter for it being issued states 'By either not purchasing the appropriate parking time or by remaining longer than permitted, in accordance to terms and conditions set out in signage'

I will appeal on no contract formed basis but the additional point of charge being wrong amount is not worth putting in appeal?

[mystery1]

Re: Incorrect signage - Smart Parking

http://legalbeagles.info/forums/show...ket-on-vehicle

Smart are usually easy to beat at popla.

M1

[Penny12]

Re: Incorrect signage - Smart Parking

Thanks Mystery1.

I have contacted the business in question but they stated that 'the car park is clearly sign posted.' So they've washed their hands of the issue

In the initial letter stating that I would like to start the appeal procedure (using the template provided) should I mention the sign is a forbidding sign therefore no contract formed for individuals not having a permit and also that the amount charged in the letter is different to the sign therefore PCN is invalid?

Love Penny x

[mystery1]

Re: Incorrect signage - Smart Parking

You could do so but it'll probably make no difference. Popla is where we have to do things like that as that's where our best chance of winning lies.

M1