£70 Parking Fine in non P&D Car Park

superscaper

peter_the_piper wrote: »

Thats different, as its a dropped kerb then a call to the local council should get a positive response. The thread is about private parking and parking invoices issued by supermarkets etc.;)

I'm pretty sure it still falls under "parking where you shouldn't" which is what I was specifically talking about in the post. And the thread also included people who had cars parking over their drives etc which I'm sure comes under private parking. And what exactly would the council do? Issue a parking ticket, tow it away and charge for towing and storage? Not too far from what people are defending against having to pay.

hollydays

hollydays wrote: »

DVLA site say that BPA have details of their "approved operators scheme "on their BPA site... They also say" all ATA s (approved trade associations) must have details of their COP (code of practice ) on their website,and provide contact details for enquiries and complaints"Where is it..?

Bpa changed their website yesterday(?) but someone else has shown me how to find the Code of Practice there.You click on the Round "approved Operator" logo at the bottom left of the screen,(although today I found it with a search of Code of Practice)

sarahg1969

superscaper wrote: »

I'm pretty sure it still falls under "parking where you shouldn't" which is what I was specifically talking about in the post. And the thread also included people who had cars parking over their drives etc which I'm sure comes under private parking. And what exactly would the council do? Issue a parking ticket, tow it away and charge for towing and storage? Not too far from what people are defending against having to pay.

You are getting confused. Parking on a public road over someone's drive is covered by legislation, as someone above has mentioned. You cannot block someone into their drive. You can ask the council and/or the police to deal with the offender (that's not to say they WILL deal with it, of course). If the council become involved, then the Road Traffic Act and local regulations come into play. This is nothing whatsoever like private parking, which is based on contract law.

superscaper

sarahg1969 wrote: »

You are getting confused. Parking on a public road over someone's drive is covered by legislation, as someone above has mentioned. You cannot block someone into their drive. You can ask the council and/or the police to deal with the offender (that's not to say they WILL deal with it, of course). If the council become involved, then the Road Traffic Act and local regulations come into play. This is nothing whatsoever like private parking, which is based on contract law.

When I said over a drive I meant either on the drive or overlapping, i.e. not on the public road at all. I don't think the RTA covers that as it's completely on private land. And I don't see how a driveway is different from any private land that excludes the public (which is what I was referring to :rolleyes:) such as a private business car park etc.

sarahg1969

superscaper wrote: »

When I said over a drive I meant either on the drive or overlapping, i.e. not on the public road at all. I don't think the RTA covers that as it's completely on private land. And I don't see how a driveway is different from any private land that excludes the public (which is what I was referring to :rolleyes:) such as a private business car park etc.

Ah, right. Does that happen? Do people park willy-nilly on other people's drives? I don't know.

You are right, though (except that the public are not "excluded" from car parks unless they have barriers) - about people's drives and private car park - there IS no difference. So if you parked on my drive (which you wouldn't, of course) and I sent you an invoice, would you just pay it?

superscaper

sarahg1969 wrote: »

Ah, right. Does that happen? Do people park willy-nilly on other people's drives? I don't know.

You are right, though (except that the public are not "excluded" from car parks unless they have barriers) - about people's drives and private car park - there IS no difference. So if you parked on my drive (which you wouldn't, of course) and I sent you an invoice, would you just pay it?

Well it happens to those people on that thread and I know people that it occassionaly happens to.

As for the invoice thing bit of a difficult one to answer as I wouldn't park where I'm not supposed to in the first place. But if there was clear signage about the penalties and I parked knowing the full penalties then it's a fair cop and I would pay because I hope I'm mature enough to know that I should take responsibility for the known consequences of my actions. If I disagreed with the consequences then I wouldn't be parking there or breaking the rules in the first place. I'd fight them if I thought I hadn't infracted any rules or I hadn't know them because there were no signs. And a lot of places it's just common sense they aren't public places to park (with or without a barrier) like a driveway.

sarahg1969

superscaper wrote: »

Well it happens to those people on that thread and I know people that it occassionaly happens to.

As for the invoice thing bit of a difficult one to answer as I wouldn't park where I'm not supposed to in the first place. But if there was clear signage about the penalties and I parked knowing the full penalties then it's a fair cop and I would pay because I hope I'm mature enough to know that I should take responsibility for the known consequences of my actions. If I disagreed with the consequences then I wouldn't be parking there or breaking the rules in the first place. I'd fight them if I thought I hadn't infracted any rules or I hadn't know them because there were no signs. And a lot of places it's just common sense they aren't public places to park (with or without a barrier) like a driveway.

That thread is about people being blocked in by cars parked across their drives, blocking them in or out (ie on the road, at the bottom of the drive). Not one person has mentioned about cars being parked ON their drive! I think you have confused yourself a little.

And, just to clarify once again - if there were signs, they would be there as an offer to the driver - ie the parking would be based on a contract. Penalties are not allowed under contract law.

superscaper

sarahg1969 wrote: »

That thread is about people being blocked in by cars parked across their drives, blocking them in or out (ie on the road, at the bottom of the drive). Not one person has mentioned about cars being parked ON their drive! I think you have confused yourself a little.

And, just to clarify once again - if there were signs, they would be there as an offer to the driver - ie the parking would be based on a contract. Penalties are not allowed under contract law.

It was the way I inferred post 21. Looks like post 26 is similar. But the ones I'm thinking of personally it was a case of stopping over on the next door neighbour's drive rather than their own.

As for the signs (again you seem to want to apply my post to very specific situations) I was actually meaning places where they don't want the public to park at all. I hardly call that an "offer to park".

You may disagree with me and that's fine but is there really any need for the patronising "you're confused" statements? And what's with the diminishing font size?

sarahg1969

superscaper wrote: »

And what's with the diminishing font size?

I'm typing some of it in Word and cutting and pasting, as the internet is slow here at work. Nothing more sinister than that.

marleyboy

sarahg1969 wrote: »

That thread is about people being blocked in by cars parked across their drives, blocking them in or out (ie on the road, at the bottom of the drive). Not one person has mentioned about cars being parked ON their drive! I think you have confused yourself a little.

And, just to clarify once again - if there were signs, they would be there as an offer to the driver - ie the parking would be based on a contract. Penalties are not allowed under contract law.

Maybe, but he has a point, what if it was parked on a driveway, or private land? as both are techniclly the same, could I for example, blatently park my car on somebody's lawn, safe in the knowledge, that there is nothing they can legally do to stop me?