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#Post#: 7213--------------------------------------------------
PCN For Private Land
DIR By: jeezy
Date: October 11, 2023, 2:24 pm
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A PCN was received to the RK. It has one sign as you drive in on
the left but no further ones on that side.
I wanted to know if there would be grounds to appeal as RK and
not being driver at said time as well as mentioning about the
signage?
HTML https://ibb.co/6bGmvwD
#Post#: 7220--------------------------------------------------
Re: PCN For Private Land
DIR By: DWMB2
Date: October 11, 2023, 3:08 pm
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--- Quote from: jeezy link ---
>
> It has one sign as you drive in on the left but no further
ones on that side.
>
--- End Quote ---
From the images taken of the car as shown on the PCN, it appears
that it was parked directly underneath a sign, so I think it
would be a challenge to argue that the signage wasn't
sufficiently visible. But the reason for issue being listed as
'No Permit' suggests that there could be an argument that the
signage is forbidding - can we see a photo of the signage?
--- Quote from: jeezy link ---
>
> appeal as RK and not being driver
--- End Quote ---
From a quick look they appear to have complied with Schedule 4
of the Protection of Freedoms Act (PoFA), so not being the
driver would not help, as they appear to have met the conditions
to hold the keeper liable.
#Post#: 7223--------------------------------------------------
Re: PCN For Private Land
DIR By: jeezy
Date: October 11, 2023, 3:27 pm
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Thanks for the quick reply, to confirm the white car is not the
car in question.
I will look to get a clear pic of the sign and post up
#Post#: 7712--------------------------------------------------
Re: PCN For Private Land
DIR By: jeezy
Date: October 18, 2023, 11:19 am
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Just a follow up question on this, if the notice is received
well after the issue date which is what they count the
discounted period from is there any way to dispute this?
#Post#: 7713--------------------------------------------------
Re: PCN For Private Land
DIR By: DWMB2
Date: October 18, 2023, 11:28 am
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Not really - a letter sent by first class post is presumed
delivered 2 working days later unless the contrary can be
proved.
#Post#: 7717--------------------------------------------------
Re: PCN For Private Land
DIR By: jeezy
Date: October 18, 2023, 1:10 pm
---------------------------------------------------------
--- Quote from: DWMB2 link ---
>
> Not really - a letter sent by first class post is presumed
delivered 2 working days later unless the contrary can be
proved.
>
--- End Quote ---
Thank you for confirming
#Post#: 7938--------------------------------------------------
Re: PCN For Private Land
DIR By: jeezy
Date: October 21, 2023, 5:36 am
---------------------------------------------------------
--- Quote from: DWMB2 link ---
>
> [quote author=jeezy link=topic=692.msg7213#msg7213
date=1697052294]
> It has one sign as you drive in on the left but no further
ones on that side.
>
--- End Quote ---
From the images taken of the car as shown on the PCN, it appears
that it was parked directly underneath a sign, so I think it
would be a challenge to argue that the signage wasn't
sufficiently visible. But the reason for issue being listed as
'No Permit' suggests that there could be an argument that the
signage is forbidding - can we see a photo of the signage?
--- Quote from: jeezy link ---
>
> appeal as RK and not being driver
--- End Quote ---
From a quick look they appear to have complied with Schedule 4
of the Protection of Freedoms Act (PoFA), so not being the
driver would not help, as they appear to have met the conditions
to hold the keeper liable.
[/quote]
Here are the images of the sign and the entrance
HTML https://ibb.co/LS68bVC
HTML https://ibb.co/FYxKHRv
#Post#: 8097--------------------------------------------------
Re: PCN For Private Land
DIR By: DWMB2
Date: October 22, 2023, 1:18 pm
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There's a potential argument to be made that the signage doesn't
create a contract - running such an argument is always a gamble
however as you'd need to go to court to make it (and even then
it's not a guaranteed winner) - it depends somewhat on your
attitude to risk.
#Post#: 8263--------------------------------------------------
Re: PCN For Private Land
DIR By: jeezy
Date: October 24, 2023, 5:00 am
---------------------------------------------------------
--- Quote from: DWMB2 link ---
>
> There's a potential argument to be made that the signage
doesn't create a contract - running such an argument is always a
gamble however as you'd need to go to court to make it (and even
then it's not a guaranteed winner) - it depends somewhat on your
attitude to risk.
>
--- End Quote ---
Ok thank you for confirming
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