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jojo35
Hi All,

Any help would be greatly appreciated.

I live in a block of flats with no onsite parking available. There is a yard and garages at the back, I parked at the back because there was nowhere to park on the road.

There are clear signs that I am not allowed to park there! What is my best route, appeal (and if so what is the best arguemetn) or ignore it?

Many thanks.

J
ostell
Crystal ball on !

Is this a council or parking company notice?

What does the notice say (picture would be nice).

Have you received a Penalty charge notice or a Parking charge notice?

Have you received anything at all?

Have you got access to the lease for the flat?
jojo35
Hi

Please find attached a picture of the notice.

It is a parking charge notice.

I received a ticket on my windscreen.

As far as I know the lease doesn't mention the parking.

Thanks so much for the help.

Click to view attachment
The Rookie
Just to clarify, this is completely off the site where you are resident, so your title is a bit misleading?

Appeal on the usual points you will find in othe threads, write up the appeal and post here for a critique before sending.

To be fair to Spring, the signage is pretty unsuitable and you appear to have been clearly trespassing which somewhat weakens your position.
The Slithy Tove
QUOTE (jojo35 @ Fri, 19 Feb 2016 - 12:26) *
There are clear signs that I am not allowed to park there!

Indeed, as we can now see!

For a start, you need to stop parking there.

Fortunately, the signage does make it pretty clear that parking is not allowed at all, ever, full stop. There is no offer of parking. There can be no contract to breach. That makes it purely a matter or trespass. Only the landowner can pursue a matter of trespass. Spring clearly is not the landowner.
jojo35
Hi,

It is on the site where I live, behind the block of flats.

I rarely park there but as its London there is never anywhere to park!!
SchoolRunMum
QUOTE (jojo35 @ Fri, 19 Feb 2016 - 16:15) *
Hi,

It is on the site where I live, behind the block of flats.

I rarely park there but as its London there is never anywhere to park!!


Same as here, same as every BPA member PCN:

http://forums.pepipoo.com/index.php?showtopic=104324

Same as all other cases, appeal and then win at POPLA. Read the advice posted there as if it was for you.

I recommend appealing online at day 26, as keeper (if you have no option on the PCN but to post an appeal, you need to post a little earlier to ensure they get it by day 27, to be certain it doesn't arrive late). If the PCN says you can email it or appeal online do it that way but on day 26 (it is explained WHY in the MSE thread shown there).

That way, Spring Parking will forget the NTK and you can win on the basis of no NTK! Or any one of 5 or 6 other strong appeal points in a decent POPLA appeal, not least that the notice is forbidding and makes no offer to park, so it is incapable of creating any contract whereby a driver promises anything that could construe consideration (unlike in the Beavis case). Basically a driver parking there is a trespasser only, and a third party non landowner can't charge for trespass, only a landowner could pursue any damages which would be nominal. But all that comes at POPLA stage!

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