PCN is not for parking but for using wrong entrance to car park

DJHGBRo

Firstly, I'd just like to say that I have read all the FAQs etc. about appealing to PCN and then to POPLA and am ready to do so.

I am just wondering whether I need to do anything differently for my case, as it wasn't really a parking offence?

I received a PCN for a car park I use on a daily basis, however the PCN is not for 'parking' outside the terms, it is purely for entering the car park through the wrong entrance (other one was temporarily blocked by bin lorry fyi). Apparently this is "Trepassing Upon Private Land via a No Entry Warning Sign". So I seem to have trepassed even though I parked correctly once in and was using the Post Office in the complex (for which I have the receipt).

My question: is this even valid terms for a ticket? And subsequently do I need to act any differently to the steps laid out in the forum stickies?

trisontana

Could you tell us the name of the parking company.

DJHGBRo

trisontana wrote: »

Could you tell us the name of the parking company.

NPE - Norfolk Parking Enforcement Ltd.

Also forgot to say that it's not a Highway Code no entry sign, just wording on small notice attached to a signpost.

Half_way

Taking a guess......



Norwich?


Earlham House?


NPE?

DJHGBRo

Half_way wrote: »

Taking a guess......



Norwich?


Earlham House?


NPE?

Yes

Yes

Yes

The_Slithy_Tove

For a start, a strong, formal complaint to the DVLA is in order. NPE have breached their KADOE agreement with the DVLA, and also breached the Data Protection Act. This is because they accessed the keeper details under the pretence of a parking charge, yet they are pursuing the keeper for a different matter, i.e. trespass due to using the wrong entrance (how daft is that, as the same land is accessed via the other entrance, yet is not trespass).

Also, NPE cannot claim keeper liability under POFA, as the charge is not a "parking charge" by their own admission. Have they claimed POFA? If so, a further point of complaint to the DVLA.

And when you appeal, just tell them to get lost, as damages for trespass can only be claimed by the landowner, so they'd better pass the matter to them.

BenefitMaster

To be fair, Most cash and carry stores require you to enter a specified way, and state that if you do not, you enter as a trespasser.

It means that if you then steal anything, you are prosecuted for commercial burglary instead of simple shoplifting.

So there is precedent for the argument that you must enter and leave the way the landowner specifies, but as TST says, trespass can only be pursued by the landowner so it means NPE haven't got a prayer.

Half_way

The guess was based on another thread over on pepipoo http://forums.pepipoo.com/index.php?showtopic=95691&hl=\no%20entry\&st=0

scans of letters etc and possibly signage may be of use if you cant post links then use a broken link at type it as http://www(dot)bbc dot co dot uk for example

bazster

Check out the delightful company that owns the dump:

http://www.thegoldentriangle.co.uk/Earlham_House.html
http://www.edp24.co.uk/news/fury_over_repair_bills_for_norwich_s_earlham_house_1_1440675
http://www.eveningnews24.co.uk/news/owner_of_earlham_house_flats_responds_to_criticisms_1_1420805
http://www.edp24.co.uk/news/earlham_house_residents_in_norwich_join_forces_against_eviction_1_1412708

Coupon-mad

Half_way wrote: »

The guess was based on another thread over on pepipoo http://forums.pepipoo.com/index.php?showtopic=95691&hl=\no%20entry\&st=0

scans of letters etc and possibly signage may be of use if you cant post links then use a broken link at type it as http://www(dot)bbc dot co dot uk for example

Post #10 on that pepipoo thread, by me posting as SRM, gives a first appeal and a link to the main issues to include at POPLA stage (and DJHGBRo will need to add to the POPLA appeal the fact that...this isn't even a parking contravention!).

Definitely complain to the BPA and DVLA as well, DJHGBRo because they can't have the keeper's data on this basis, there is no reasonable cause for a parking company to have data except for a parking contravention. Otherwise they could make up all sorts of stuff like 'driving around in a yellow car'!

DJHGBRo

Thanks all for your replies and for pointing me to the thread for the other person who got the same PCN.

I have a few letters to get writing then!

As Half_way mentioned pictures may be of use here is a picture of the notice and the sign (too new to post proper links):
img.photobucket.com/albums/v56/djhunter/pcnletter.jpg
img.photobucket.com/albums/v56/djhunter/pcnsign.jpg