13d • Legal
Parking contraventions
Have we all found a way of dealing with PCNs yet? According to my info there are 2 distinctly different parking tickets:
Private parking — contract argument is real:
- A private operator does need a contract — offer, acceptance, consideration
- The driver identity point has genuine force — the operator cannot sue the keeper as driver without the keeper naming the driver (Protection of Freedoms Act 2012 applies, but only to private operators)
- Appeals through POPLA and court challenges on these grounds have a track record
Local authority parking — entirely different regime:
- A Penalty Charge Notice issued by a local authority is not a contract claim — it is a statutory penalty
- It is issued to the registered keeper of the vehicle, not to a driver who must be identified
- The "no contract" argument does not apply — the obligation arises from statute, not from agreement
- The enforcement sequence (PCN → Notice to Owner → Charge Certificate → county court registration → warrant → Notice of Enforcement) is a statutory process, not a civil claim requiring a claimant and a witness
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Parking contraventions
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