ParkingEye ANPR PCN - New Directions Holdings, Lambourne Crescent, Llanishen, Cardiff, CF14 5GL

[lookinforinfo]

You're lucky, the PE PCN does not comply with the protection of Freedoms Act 2012.  They mostly do comply but there are a few that don't and yours doesn't. The reason is that they have not given you the option  of paying the PCN  yourself. Because they  have not done that ,you as keeper are no longer liable for the charge. As they don't know who was driving they are pretty well stuck other than pursuing you on the dubious assumption that you were the driver.

It would be helpful to your case if you could please post up photographs of their signage. They say they have entrance signs  which would be good if we could see it as quite often the entrance sign does not offer a contract.  

You are right that as the place is shut there is no loss.  What it also means that there is no legitimate interest involved for PE  keeping the car park clear so trying to charge £100 is a penalty.

If the car park is Permit holders only then no contract can be formed with you because the signs are prohibitory. There is also frustration of contract as you were unable to obtain a permit as well as you would be regarded as trespassing  and only the owner can sue for trespass.

There is also the fact that you were not parked there. You may have been driving around but that is not parking.

Not sure about the 10 minute grace period as there was never a parking period to start with but you have enough to get out of paying a penny whether the 10 minutes are included or not.

 

 

[lookinforinfo]

Your post 5 said that the entrance sign was obscured by branches. I read recently of a case where the motorist had their PCN cancelled in Court precisely because the entrance sign was obscured.

I don't know if PE will take you to Court but that is one more  reason you can add to your list of why you shouldn't have to pay.

[lookinforinfo]

The BPA do have a five minute grace period but weirdly [and possibly unlawfully] if you decide to stay then they take away the grace period.  Even the IPC don't do that ! If you leave then they do grant you five minutes though not sure what happens if it takes two minutes to get out the car park and you were already four minutes in the car park.

The BPA Code of Conduct for entrance signs is at 19.2 of their handbook.

At best it should contain the T&Cs or at least have a standardised entrance sign. This one is even an entrance sign nor does it advise that motorists are entering private land and there is no BPA logo on it.

Whatever else you can say about the BPA [and one could say a lot-mostly derogatory] the one thing you can't deny is there sense of humour as you can see at point 19.7 You should display the BPA’s AOS logos at all sites. This will help the public to see that you are a legitimate operator, and show that the site is run properly.

[lookinforinfo]

The signage at the entrance, by stating that the T&Cs are inside the car park, cannot form a contract with motorists. It is only an offer to treat.