Private Parking Fines, Getting fines in residential parking - no signs saying you can't p Options

[badman43123]

hi everyone,

this is my first post so sorry if I've made any errors or broken any forum rules - forgive me!

I live in a rented town house, we used to have loads of street parking but this all got painted with double yellow lines recently, we only have 1 allocated parking space for our 3 bedroom house, and its the same for everyone around here so parking is a real issue.

There are a few areas in the car park area where people have been parking - loads of people parking here as there are no yellow lines (photo attached), it doesn't obstruct anyone, and there is no signs saying that you cannot park here, only a sign that says 'resident parking - no turning'.


The driver has been parking in these spaces for months with no issue, this week she has received 2 fines from the space of 3 days for parking in these spaces. There are no pictures attached to these fines and the reason states "Unauthorised Parking".

The fines come from PCN Admin Centre with the client being Enterprise Parking Solutions LTD and are both around the same time at 8.21am... I'm thinking myself that it is a disgruntled resident who is sick of people parking in this area for some reason.

Would appreciate any advice ASAP.





Thank you!

This post has been edited by badman43123: Thu, 21 Mar 2019 - 22:54

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[Jlc]

Are there signs? Can we see what they say?

[Dave65]

In the meantime edit your post and do not infer who may have drove the vehicle.
Refer only to "the driver" did this or that.

[ostell]

That NTK is not POFA compliant and the keeper cannot be held liable. The invitation required by 9 (2) (e) is not there, as well as other items

[badman43123]

ThNks guys have edited. Will get pics of the signs tomo. And not sure what the POFA is in regards too. The driver has emailed the company after the first fine to try and appeal. Shall the driver stop all communications or continue and mention the POFA/lack of signs/rules

[ostell]

Here's a link to POFA, As they do not know the identity of the driver then they have to comply with POFA to be able to hold the keeper liable. With a windscreen ticket then paragraph 8 is relevant.

Was the driver identified in the appeal? simple yes or No.

With a windscreen ticket then in order to hold the keeper liable they have to issue a Notice to keeper between day 28 and 56, and are only allowed to access the DVLA on day 28 so you appeal as the keeper so that the appeal arrives on day 26. If they continue to write to the keeper and fail to issue a Notice to Keeper or fail access the DVLA within 56 days then they lose.

This post has been edited by ostell: Fri, 22 Mar 2019 - 08:08

[badman43123]

Thanks mate, it does say the drivers name on the letter have just blurred it out for on here so not sure if that applies? - also no windscreen ticket just a letter in the post.

ive attached some pics of the signs.



thanks all.

This post has been edited by badman43123: Fri, 22 Mar 2019 - 09:25

[Jlc]

So none of those signs can form a contract.

Any others?

[ostell]

OK, with no windscreen ticket then paragraph 9 applies.

So the invitation required at 9 (2) (e) is not there, nor period of parking 9 (2) (a). I didn't really look for anything else.

With those signs there is no offer of a contract to park. With no contract there can be no breach of the non existent contract and therefore no charge is due.

Lets see if there are other signs then a quick appeal.

[Jlc]

I suspect a 'self ticketing' operation by a resident. (Upload mobile phone picture - their website lists 'Self Enforcement')

But without signs this is a non starter... If there are signs it would almost certainly say what you should do, i.e. parking with a marked bay. (So parking outside a bay would trigger a ticket)