permit parking fine

[stj101]

I got a ticket for parking on private ground without a permit . I was not the driver and provided the details of the driver but one solution is taking me to court after two years .
question - can they fine me for parking on permit ground or is it classed as trespassing and therefore cannot chase me for a parking fine , also I have provided the name and address of the driver but because he has not responded they making me pay. also the signage was not lit up . can someone comment on this . thanks

[echat11]

Hi STJ101

What have they sent you? what did you send them? Whose car was parked on 'private ground'?

[ostell]

POFA forbids them from continuing to take action against you as the condition 5 (1) (b) is no longer applicable

Did the signs say "Permit Holders Only" ? In which case:


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.

it's not a fine