Private parking company issued fixed penalty charge

waamo

Use one of the templates in the NEWBIES thread. Adapt it slightly to fit your circumstances. GPEOL and no authority to issue penalties should be your main points. Stress to POPLA that this company cannot issue bylaw penalties only a court can do that.

Complain to DVLA, BPA and Trading Standards.

xHannahx

This is an airport byelaw offence not a normal parking PCN. byelaw offences don't fall under the normal private parking practices.
A fixed penalty notice is correct for a byelaw offence. Failure to pay a fixed penalty for a byelaw offence will almost certainly end in a session at the magistrates court.

waamo

[FONT=verdana, geneva, lucida, lucida grande, arial, helvetica, sans-serif]And yet the PPC are treating as a private ticket by allowing an appeal to themselves and POLA. Do they bylaws allow a private company to issue fines? I bet they don't.[/FONT]

Marktheshark

They would need a grant devolved power to administer a Fixed penalty for parking anywhere via the secretory of state.
Does it mention section 3 of the Road Traffic Offenders Act 1988

Dublindel

Appeal to POPLA using pre estimate of loss and other arguments you will find on her. Also the fact that They are illegally penalising you as they are using a bylaw but through a civil claim.

jkdd77

I've never heard of any PPC, ever, bringing a byelaw prosecution, and the fact they refer only to POPLA and "debt recovery procedures" in the event of non-payment is pretty much proof that they won't prosecute.

The threat of prosecution is just a hollow threat to part the OP from his/her money, and is likely to constitute an misleading or aggressive practice under the Consumer Protection from Unfair Trading Regulations.

Furthermore, if parking on the the land is subject to byelaws, whether or not these byelaws are actively enforced, then RK liability would not apply, albeit that I rather fear the OP has already named the driver in his/her initial appeal.

I agree that the OP should appeal to POPLA, including an additional line about RK liability not applying, to get this unenforceable invoice (it is not a genuine fixed penalty) quashed once and for all.

Castle

I found the 2009 Newcastle Airport Byelaws which state:-

3.3 Where any person parks or leaves a vehicle in contravention of any of byelaws 6.2 to 6.6, 6.10, 6.16 to 6.18, 7.1, 7.2 or 7.7, or otherwise contravenes any of those byelaws in relation to a vehicle, the Company or its agents may (in its/their absolute discretion) either:

3.3.1 Apply a Parking Charge Notice
A Parking Charge Notice (PCN) may be issued in respect of the vehicle. The PCN will specify:
3.3.1.1.1 the sum the registered keeper is required to pay;
3.3.1.1.2 the time within which the payment must be made; and
3.3.1.1.3 the address to which the payment must be sent.
3.3.1.2 The PCN will also explain that unless payment is made in accordance with its terms, court action may be commenced to recover sum due from the registered keeper under the PCN together with costs, interest and any other sums legally recoverable;
or

3.3.2 Apply a wheel clamp to the vehicle

So even though POFA doesn't apply ,the Byelaws refer to the registered keeper (not the Driver) when it comes to a PCN. Of course, as already mentioned, a PCN can't be a penalty.

nigelbb

Castle wrote: »

So even though POFA doesn't apply ,the Byelaws refer to the registered keeper (not the Driver) when it comes to a PCN. Of course, as already mentioned, a PCN can't be a penalty.

Railways Bylaws refer to the Owner who may be neither the Registered keeper nor the driver at the time of the offence.

Liiam46

I have received a fixed fine for parking in the car park in Dundee without a ticket. The signs say 2 hours free parking which I saw but as soon as I seen that I didn't read the part that you have to get a ticket to show how long I had stayed. When I was 100 yards away from my car on the way back I noticed a parking attendant at my car and when I got to it had got a ticket for £100. I had only been away from the car 40 mins , so was within the 2 hours free parking. So I have done research and read that in Scotland it's not legally forceable so have been ignoring the letters . Have recently recieved my debt collecting letter saying I know owe them £160 .

I just wanted some advice or anyone who's been in the same situation to let me know I am doing the right thing before it gets any worse for me
Many thanks liiam

bazster

Liiam, please start your own thread.