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#Post#: 36300--------------------------------------------------
Urgent - NPC - Parking Charge Notice - No Parking At AnyTime -
Enderby Wharf SE10
DIR By: John121
Date: September 10, 2024, 4:46 am
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Hoping you can help. My uncle received this Parking Charge
Notice in Enderby Wharf SE10 the reason for issue is No Parking
At Anytime.
He has just sent me this and I notice the PCN was posted on 29th
August 2024 so only have a day or so to respond within the 14
days.
My uncle is a chauffeur and was basically picking up a passenger
when he received this, which is on private land.
I have also attached a screenshot of his job sheet. Please note
the time on the job sheet is the completed time when he reached
Heathrow.
I would be grateful if you can please advise as soon as possible
how to proceed with this one, especially with the short time
frame left to respond.
Many Thanks
HTML https://i.ibb.co/m4G90dB/PCN-1.jpg
HTML https://ibb.co/L18xrBP
HTML https://i.ibb.co/yn048dp/PCN-2.jpg
HTML https://ibb.co/WWnVcG0
HTML https://i.ibb.co/4SQnvy4/PCN-3.jpg
HTML https://ibb.co/09wR4NY
#Post#: 36310--------------------------------------------------
Re: Urgent - NPC - Parking Charge Notice - No Parking At AnyTime
- Enderby Wharf SE10
DIR By: b789
Date: September 10, 2024, 5:29 am
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If the driver had stopped to load or unload, it is not
considered parking. At least according to some persuasive case
law. Although this is on private land and the scammers can make
up the rules, there is no prohibition on stopping on double
yellow lines to pick-up, drop-off or load and unload.
However, the keeper is now dealing with a vexatious firm of
nasty ex-clamper thugs. It is all going to depend on how badly
the Keeper wants to fight it.
As the PCN is an invoice for an alleged breach of contract by
the driver, you have to ask, what contract? A contract to be
valid, requires three elements. 1. An offer, 2. An acceptance
and 3, consideration. A prohibition does not offer anything.
Therefore, there can not have been any contract in the first
place.
As the Keeper will be dealing with an IPC member, there is only
one way this is going to go and the two likely outcomes are
going to lead to a debt claim in the small claims track of the
county court. The most probable of those two outcomes is that
they will eventually discontinue before any hearing takes place.
The second possibility is that it does go all the way to a
hearing where there is a greater than 50% chance that NPC will
get spanked in court.
I’ll leave it to others to explain the obvious downside of being
incredibly unlucky and losing the fight. The only other option I
can think of is for the keeper to pay it but, personally, that
goes against the grain, especially if the keeper feels aggrieved
about this PCN and that it has been issued unfairly and
incorrectly.
These operators rely on the fact that most of their victims are
low-hanging fruit on the gullible tree and will fold at the
first hint of litigation, out of ignorance and fear. We assist
the victims fight these vermin every day.
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