2 PCN's from ParkingEye

[Daibach12]

Can anyone please offer me advice on the following PCN's I recieved from ParkingEye.

 

 

My disabled girlfriend incurred both but I am the Keeper

 

1 Date of the infringement - 26 & 27th August

 

2 Date on the NTK - 1st Sept

 

3 Date received - 5th Sept

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? - Yes

 

5 Is there any photographic evidence of the event? - Yes

 

6 Have you appealed? - No

 

7 Who is the parking company? - ParkingEye

 

For either option, does it say which appeals body they operate under. - BPA

[ericsbrother]

OK, PE letters are POFA complaint so tell us where the eventor events took place and what was supposedly done wrong.

[Daibach12]

OK, PE letters are POFA complaint so tell us where the eventor events took place and what was supposedly done wrong.

 

It took place in the Rheidol Retail Park , Aberystwyth. The maximum free stay authorised is 2 hours. My girlfriend overstayed by 45 minutes on 1 day & 1 hour the next.

[ericsbrother]

street address please,we can then gogglesnoop the entrance and see if the signage is duff or not.

[ericsbrother]

that is just the first thing we will ask you to do, another thing we will be looking into is the permissions for the site so is the retail development a recentish thing? If so a peek at waht the developers said about parking on the planning application and consent granted are always useful Often it stipulates how long free parking si sfor, ie 3 hours. If that is the case then neither the parking cowboys or the land agents/landowner can interfere with that without going back to the planning application procedure.

[Daibach12]

Thanks for your help.

The postcode is Aberystwyth SY23 1LL

[ericsbrother]

Well, the exit from the roundabout appears to be an unadopted road and no signs there to indicate parking conditions.

 

Entrances to the various car parking areas have a plethora of illegible signs and I cannot see on from PE at all so that offers the argument that there is inadequate and confusing signage

 

. You need to get down there and photograph

the exit from the roundabout on Alexandra Rd,

the entrances to all the little parking areas and

the signage that PR have where your vehicle ws parked.

 

When you ahve the planning info

you will then be able to clobber them

but at the moment you appeal to PE and say that no contract was formed due to inadequate signage and demand evidence to the contrary.

 

They will undoubtedly deny your soft appeal and supply a plan of twhere their signs are but that doesnt tell the whole story so dont be put off.

[Oddfellow]

On the issue of signage, it is often stated here that there needs to be a sign at the entrance to the private land indicating it is such, but often these signs say something along the lines of "Private Land - terms and conditions apply, see other signs for details" (my employer's signs certainly do).

 

 

From my reading of various threads, it would appear that these signs are an Invitation to Treat, not an offer of contract. My question is, assuming that the other signs are compliant, do the first signs being Invitations to Treat (if that is what they are) mean that a contract can never be formed to be broken?

 

 

Just trying to expand my knowledge of this murky area!

 

 

Feel free to PM me if you'd like to keep it out of a strict advice thread.

[themagician]

sorry pm's are not allowed on this forum.

[Daibach12]

Well, the exit from the roundabout appears to be an unadopted road and no signs there to indicate parking conditions.

 

Entrances to the various car parking areas have a plethora of illegible signs and I cannot see on from PE at all so that offers the argument that there is inadequate and confusing signage

 

. You need to get down there and photograph

the exit from the roundabout on Alexandra Rd,

the entrances to all the little parking areas and

the signage that PR have where your vehicle ws parked.

 

When you ahve the planning info

you will then be able to clobber them

but at the moment you appeal to PE and say that no contract was formed due to inadequate signage and demand evidence to the contrary.

 

They will undoubtedly deny your soft appeal and supply a plan of twhere their signs are but that doesnt tell the whole story so dont be put off.

 

Google maps is spot on , there is no signage on the roundabout and the first sign is the one that says "2 hours max stay for use by customers only , This car park is private property see signage in car park for t&c". My GF cannot remember exactly where she parked , tbh she didn't even see the signs ( probably didnt read them due to her dyslexia ) How do I go about getting the planning info?

[ericsbrother]

No, an invitation to treat is like a shopkeeper having a sign saying "50% off most items inside". You atre then invited to see what is on offer and then consider whether you want to go ahead and buy something. The shopkeeper cannot force you to buy something becasue you saw the sign and you cant force them to offer 50% off everything so you negotiate in the usual way of offer and consideration or counteroffer. Signs that say " see signs for conditions are like the %0% off sign, you dont have to read thenm and are not bound by the unless you wish to. In a car park that means if you dont like the terms offered you are not governed by them becasue the invitation to treat at the entrance is basically aying you can come in here and we ask you to consider a contract. Many of the pay and display notices fall foul of this becuase the full parking conditions are attached to the purchase of a ticket and if you dont buy a ticket you dont have to take any notice of the rest of the spiel. As the parking co dont own the car park that is tough, they cant accuse you of trespass because the landowner has invited you there and you cant have broken a contractual obligation because you havent accpeted their contract.

The parking co's couls solve all of their problems with clear and simple signage but they dont, is this because they are trying to entrap people or because they are too thick to write a proper sign I wonder.

 

On the issue of signage, it is often stated here that there needs to be a sign at the entrance to the private land indicating it is such, but often these signs say something along the lines of "Private Land - terms and conditions apply, see other signs for details" (my employer's signs certainly do).

 

 

From my reading of various threads, it would appear that these signs are an Invitation to Treat, not an offer of contract. My question is, assuming that the other signs are compliant, do the first signs being Invitations to Treat (if that is what they are) mean that a contract can never be formed to be broken?

 

 

Just trying to expand my knowledge of this murky area!

 

 

Feel free to PM me if you'd like to keep it out of a strict advice thread.

[ericsbrother]

you ask tyhe local council if Parking eye have been granted planning permission for their signs under the advertising hoardings regs of the Town and Country planning act 2007.

this information is repeated on dozens of associated threads but read the mansfield retail thread where the council decided to enforce the law so you can quote chapter and verse to show that the parking do do need permission and it is not deemed consent or "informational" signage. Same company so they know what is what but they are lazy and hope that you are not bright enough to bother and find out if they are breaking the law. Criminality=no contract.