Pofa compliant

[Husein55]

Hi,

Could anyone please check through this ntk and see if it is pofa compliant. I am writing up my witness statement so this would be useful to prove no liability towards the keeper.

[MIKE770]

ostell

[ostell]

I presume this was after a notice on the windscreen. They have failed to give the invitation to keeper in the format mandated by 8 (2) (e) nor have they given the period of parking required by 8 (2) (a)

What are the dates?

This should have gone into your defence.

What did the signs say?

[Husein55]

issued in april 2019, the signs obstructed by trees and branches stated no parking at any time. I'm defending as keeper. Also the other parties solicitor wouldn't release the copy of the NTK before the deadline for the defence

[ostell]

Is this in connection with your other thread? If so get the mods to merge it so that we know all that's connected with this?

Would the solicitors be DCB Legal by any chance?

So what was that you posted then , other than a NTK?

More important is a defence. Have you written one yet?

I hope you have photos of the obstructed signs.

So the signs are prohibiting, they are not offering a contract to park. To claim that a re contract to park existed when it is expressly forbidden is perverse.

Here something I saved, although about permits the principal is the same


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.

[Husein55]

yeah its in connection with my other thread? would you know how to tag the mods to merge the threads?

and yes the it is dcb legal.

yes i submitted my defence quite some time ago however it wasnt very detailed due to the solicitors refusing to release the PCN details in time for the defence deadline. however i outlined in the defence that the solicitors are refusing to cooperate.

yes all the photos and cases are ready in the witness statement, appendix

thank you ostell, I'll add those cases to my form.

Ostell would you know any details that can contribute about shade from sunlight hitting signs making them unreadable?

[Husein55]

Hi, just my bad case this morning and lost. I talked about pofa in compliant and laid out all the points that make it incompliant, I laid out that the signs are obstructed and even have the baeavis parking sign to compare. I laid out that the sign was only a forbidden nature…. And I still lost? Any pointers to help me out for next time?