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Matt-EUC
03-01-14, 03:57 PM
Is this legit and can it be enforced/acted on?

http://imgur.com/RoIoojM

Cymraeg_Atodeg
03-01-14, 04:07 PM
It's be a bit stupid.

Prior written consent would be the signs in the area the car is parked.

So, if I ticket was attached to the car it would be meeting the requirments of the mandate on the car, also, as the note on the car says, not seeing the signs is not an excuse

Matt-EUC
03-01-14, 04:29 PM
Thank you very much. Greatly appreciated.

The guy who got the ticket took it on the chin anyway which is good but at least I know for the future.

timwilky
03-01-14, 04:35 PM
Nothing personal.

But I hope he filed your ticket in the nearest rubbish bin. You know they are unenforceable and rely on the recipient being either gullible or ignorant of the law. I guess with his own screen sticker he knows his rights anyway.

Matt-EUC
03-01-14, 05:29 PM
I honestly could summon up a f*ck to give about what people do with their tickets after I issue them. I have a job to do, so I do it. As long as I'm getting paid to give out meaningless pieces of paper, I'll give out meaningless pieces of paper.

EssexDave
03-01-14, 07:29 PM
To give out a (private) parking ticket, you must have notice of the contractual terms at the time of contracting.

This is generally when you have purchased a ticket, or at a barrier control parked (where you take a ticket) it is when you take the ticket from the machine.

Any terms not clear at that point, generally, are unenforceable in law because you have to have 'proper notice' at the time, or before contracting.

If the signs are hidden, then they can quite successfully argue that there was no contract and so the ticket is unenforceable.

In this case, the same would apply, not having proper notice of it would be one way to make that sign invalid. The other would be that you would quite clearly have no intention to create legal relations in that way, although I'd stick with the lack of notice ;)

Red Herring
03-01-14, 07:31 PM
I've got one of these "demands" on the go at the moment. Apparently the ANPR system at a motorway services reckons I was in there for three hours when I'm only supposed to be there for two. Each letter gets more and more threatening towards legal action against me, the latest is warning me that any court finding will affect my ability to get credit.... Bring it on, I can't wait.

EssexDave
03-01-14, 07:43 PM
Red Herring I can beat you on that. I managed to get a parking ticket in my own space outside my flat. I'm currently fighting the charge. They have very little power, and it's not worth taking you to court in any case.

Red Herring
03-01-14, 07:52 PM
I know, real shame really given what I know about ANPR systems...... I was so looking forward to it.

cb1000rsteve
03-01-14, 07:52 PM
The only tickets that are enforceable 'by law' are issued by traffic wardens or police officers. All the rest are not enforceable. Ignore and they'll go away.

Bluepete
03-01-14, 08:11 PM
I've got one of these "demands" on the go at the moment. Apparently the ANPR system at a motorway services reckons I was in there for three hours when I'm only supposed to be there for two. Each letter gets more and more threatening towards legal action against me, the latest is warning me that any court finding will affect my ability to get credit.... Bring it on, I can't wait.

The enforcement company gave up after sending me fourteen letters!

Such fun reading the "could" do this, "may" do that style of threats...

Pete ;)

Pete7
06-01-14, 01:43 PM
There is some great advice on Martin Lewis's Money Saving Expert website:

http://forums.moneysavingexpert.com/search.php?searchid=151712523

I am fighting two of them at the moment for parking on private land, which I and the other residents own :(

Remember, the PCN is just an invoice from a private company. Read the follow up letters carefully and do ask for the POPl code if they want to persue it. Costs them each time and its still not binding on you if you loose.

Pete

yorkie_chris
06-01-14, 04:54 PM
The popla appeal stuff is worth getting right and doing every time as they get charged (iirc) £27 for it! :D

If you lose a popla appeal then it's still no more "enforceable" than it was before... contract regulations... trespassing... no actual loss or damage etc etc etc. And you won't lose a popla appeal if you phrase it right.

To appeal to popla you first need to appeal to the PPC (won't get anywhere, you can appeal saying you met chuck norris if you want)



As for the tax disc style sticker it's just as enforceable as whatever crap you were about to attach to said vehicle :mrgreen:

Why don't you hand out a flyer stating peoples rights to appeal/pointer to various advice forums at the same time?

Grant66
06-01-14, 09:22 PM
Just sent my POPLA appeal in. Gave them every opportunity to stop the harassment, which they ignored. When the appeal is successful I'll be sending them an invoice for wasting my time :)

Red Herring
06-01-14, 09:57 PM
I just haven't responded to any of their letters....period. They'll get bored eventually and I'm certainly not going to get worked up over it.

BanannaMan
07-01-14, 05:44 AM
I honestly could summon up a f*ck to give about what people do with their tickets after I issue them. I have a job to do, so I do it. As long as I'm getting paid to give out meaningless pieces of paper, I'll give out meaningless pieces of paper.



The fact that you make a living giving them out gives them some meaning.

Of course the real question is, do you work for some dodgy company making a living off hidden signs or a decent company trying to keep the public from parking on their property?
;)
J/K there mate.
(don't feel you need to dignify that with a response)

TamSV
07-01-14, 09:56 AM
Of course the real question is, do you work for some dodgy company making a living off hidden signs or a decent company trying to keep the public from parking on their property?

It's a fair point. I've paid through the nose for town centre parking for staff and have had problems with the parking freedom fighters exercising their "right" to park on my property as long as they like.

I had a bloke park diagonally across 2 spaces, left his car there for three days and got arsey because I'd blocked him in when he deigned to return. How inconvenient for him.

Grant66
07-01-14, 10:06 AM
I just haven't responded to any of their letters....period. They'll get bored eventually and I'm certainly not going to get worked up over it.

Current advice is not to ignore. Several companies will issue court documents. See pepipoo site.

Red Herring
07-01-14, 03:45 PM
That's not strictly true. They have had quite a lot of discussion on what is the best advice to give and they have agreed that due to the 60% success rate they are having at appeals then this is the best advice to give to the "general population" because they recognize that a large number of people feel intimidated and threatened by the succession of letters that arrive if you do nothing.

I'm not in the slightest bit threatened and indeed am rather hoping they do try and take me to court.....

yorkie_chris
07-01-14, 04:01 PM
It's better to appeal (they'll refuse, obviously) then do a POPLA appeal as that costs the PPC more money than it does to send snotty letters.

Grant66
26-02-14, 02:33 PM
POPLA appeal upheld, ticket cancelled. So it's cost them.
Now to invoice them for time and effort spent fighting their attempted fraud.