Ukcps pushing case even though ive produced evidence i was parked on a public highway

unsure3194

I received a notice whilst parked outside a premises which had a secure rear yard. I was parked at the time on the pavement and road. I upon checking with landregistry and the council this area is outside the premises boundary (land registry document) and also i was within the area designated an adopted highway.

yet my appeals have failed even though i produced this. I'm i missing some specific information that may show i was in fact on private land.

Any advice would be appreciated.

Ps there were no local authority restrictions on this street at all.

cheers

kirkbyinfurnesslad_2

in that case ask them for the popla code.

Then appeal it to popla.

Would be interesting what they make of that

Guys_Dad

1. Demand a POPLA form and code.

2. Put in a POPLA appeal enclosing your proof of this not being private land.

3. In the POPLA appeal, demand that the PPC shows contract giving them right to charge you.

4. State that there were no signs - assuming there were not, of course.

5. Demand photographic evidence.

Now that is the short version. If you read the sticky by Aaron Aarvaark at the top of this forum, you will see a couple of successful POPLA appeals based upon the PPC being asked to provide proof from the landowner that they had a contract to charge. In your case, you are saying that the land is not private, so demand that the PPC shows (a) a contract with the landowner and (b) that the other party to the contract can prove they are the landowner.

The_Slithy_Tove

And

6. Contact the local Trading Standards to tell them that UKCPS are issuing tickets for parking on a public highway. They are being very naught boys.

Stroma

If they are ticketing on a public road, what they are doing is actually illegal, and could be deemed fraudulent. You need to make a complaint to the local council, and their trading standards unit, they could actually take them to court themselves.

So please make 100% sure they are ticketing illegally, we had a case on here where a PPC was ticketing a council adopted road, they had to refund everyone affected

unsure3194

Thanks for the replies.

Basically there were signs on the sides of the premises where I parked these all related to private land.

I didn't enter any car park of any kind. I literally pulled up alongside this building half on the path outside and half on the road.

After I returned to my vehicle it had the notice on. I couldn't believe it.
The land registry def only shows the red boundary as bring along the building line along its rear fence and back around the other side of it.
None of the footpath or road are within this boundary so wanted to know if the premises can own the path outside as its not on the plan.

The council highways plan also confirms the road and path are part of the adopted highway.

I'm assuming I'm correct and that the premises couldn't claim ownership of the path outside?.

Stroma

No they cannot, please take this to trading standards, they will be in the brown stuff for this. They cannot issue fake tickets without the authority of the council, I'm not 100% sure but even with permission on adopted roads they would need to be basically CEOs

Guys_Dad

unsure3194 wrote: »

None of the footpath or road are within this boundary so wanted to know if the premises can own the path outside as its not on the plan.

The council highways plan also confirms the road and path are part of the adopted highway.

I'm assuming I'm correct and that the premises couldn't claim ownership of the path outside?.

Can you get written evidence of the above? Clincher then.

unsure3194

I have the offical land registry plan and also the offical enviroment and regeneration plan, from the city counci,l which are both usable at court.

The council were pretty helpful to be honest and i dont think they would mind issuing me with a written evidence.

I really just wanted to be sure that the path wouldnt fall within their land . It certainly is not on the land registry.

The notice is from UKCPS from Leeds. The initial appeal rejection letter states " The location where the vehicle was parked is private land for use of permit holders and or pay and display. It goes on to state we sympathise with your situation however you were correctly issued with a parking charge.
It also mentions that UKCPS can only address factual issues of where and when you parked and will NOT enter into discussion about legality of parking on private land, or if the landowners right to impose parking conditions on their property.

Is the above a standard response??

kirkbyinfurnesslad_2

Yes typical haswell

Stroma

But it's not private land from what you are saying. They are going to be royally screwed with trading standards on this. If this went to popla you would win hands down as they have no legal authority to issue invoices on adopted roads