Alleged parking contravention from vcs

[Guest]

My relative was away overseas from the beginning of January until February so could not reply within the stated deadline. He is very confused by the PCN as there is ambiguity on the times location and picture quality of the car registration.* Namely :

1. The photo shows the back of the car at 19.45.54 and second from front at 19.46.09 * ( * 15 SECONDS !!!! )* and Contravention time is at 19.51. ????

2.* The Contravention Reason is given as "Parked in a Restricted / Prohibited Area. " ** When investigated the location Car Park belongs to Barker and Stonehouse. When contacted they said it belongs to Newcastle Council.

3. Signage is obscured below car level or else the relevant white on red background print is too small to read.* …...and certainly not readable in the night time.

My relative has written in to VCS by E Mail notifiying absence from this country as above but no reply yet.

Instead received DEADLINE FOR ACTION 9/3/2020 for £160.00

Really appreciate guidance and help with this please.

[March39]

I have just signed in and registered and photos will illustrate my points

[ostell]

Check with the council about the status of the area.* Is it council owned or is there a parking places order on the area .

[March39]

Thanks OSTELL.

We tried the Barker/Stonehouse office and the Manager was very unhelpful saying the car park is owned by the Council.
Please see the enc link* Many Thanks

https://www.google.co.uk/maps/@54.97...7i16384!8i8192

[ostell]

There are several car parks in that area that have parking place orders on them and are owned by the council. Check with the council, as I said. Council land then no keeper liability. You'll need to do the footwork

The site is stated as Strawberry buildings Car Park. Find out exactly where that is

I have had a quick look at the council site and there are many car parks in the area that have Parking Place Orders on them,.* You need to define exactly where the car was parked and if an order applies to that site.* If an order applies then this is non relevant land for the purpose of POFA and the keeper cannot be held liable.* As long as they don't know the name of the driver.
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[March39]

We really appreciate your reply.* We will contact Newcastle Council tomorrow.

[March39]

Newcastle council reports that the car park belongs to Barker and Stonehouse Furniture shop which is opposite Redmezze restaurant. The Manager is not telling the truth for whatever reason. The signage says all vehicles without parking permit will be fined. Is this legal ? Can the sign give a PO Box No as address? See photos above. The driver in darkness thought it was a Council Car Park free at night time after 6 PM.*

[ostell]

OK the B & S signs are incorrect, they cannot fine you. I would interpret both signs as forbidding in that they do not offer a contract to park to those without a permit. No contract then there can be no breach of the non existent contract and no payment due.

Here's some text saved on the subject:

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.

There are failures in the NTK, they have failed to give a period of parking 9 (2) (a) and the warning to keeper is incorrect 9 (2) (f)* Given is not the same as issued.*

They will refuse the appeal and suggest you go to the IAS .* The suggestion is ignore the IAS as you will lose and wait for the letter of claim
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