Northern parking services ticket claims on private property but their pics show not

fisherjim

If you look on Streetview, (which as their vehicle accessed the street shows it is not private) the parking restrictions for the single yellow line is 8AM to 6:30PM, the signs are on the other side of the road, so you were in your rights to park there.

Yellow line restrictions extend from the centre of the road to the boundary of the property, so the pavement which you parked on and technically should not have, belongs to the local authority.

I think in essence the only ticket that could have been enforced is a council one which you did not get.

The PPC is chancing it as they all do.
In any case there are no dropped curbs where you parked, so how can they invite people to illegally drive across a pavement to park in a marked bay when a vehicle covers the pavement, like the Rangerover on Streetview.

bazster

The demarcation between the private property and the public footpath looks pretty clear on Streetview. Going to the Land Registry website, searching for the building occupied by the gym, and paying (IIRC) £3 for the title plan will show for certain where the gym's property ends, and the local highways authority will confirm that the footpath there is part of the adopted highway.

As well as the other complaints you have been advised to make, write a strong complaint to the gym that their agent, Northern Parking Services, is unlawfully ticketing vehicles on the public highway. Suggest that they look into the legal concept of vicarious liability. You might also point out to them that, if this is a self-ticketing operation (i.e. the ticket was applied by a member of the gym's staff), then the offence is not even vicarious: they have broken the law directly.

Point out that their agent's own photographs show that your vehicle was not parked on a dropped kerb therefore you were not causing any obstruction, and in any case such obstruction would be a matter for the local authority or police and neither the gym nor its agent has any powers to police parking on the public highway.

While you are at it remind them that other gyms are available and if they don't cancel this ticket, and put a stop to their agent's illegal activities, you will be taking your abs and pecs elsewhere at the earliest opportunity.

Fruitcake

In addition to the above complaints, you might want to contact the local media, Fakebook, [EMAIL="Tw@tter"]Tw@tter[/EMAIL], and Tripadvisor as well.

bazster

Oh, and forget all that cobblers about "sexual prejudice", it just makes you look silly. It's a simple error, easy enough to make given that you use an androgynous contraction of your first name.

Johno100

bazster wrote: »

The demarcation between the private property and the public footpath looks pretty clear on Streetview. Going to the Land Registry website, searching for the building occupied by the gym, and paying (IIRC) £3 for the title plan will show for certain where the gym's property ends, and the local highways authority will confirm that the footpath there is part of the adopted highway.

As well as the other complaints you have been advised to make, write a strong complaint to the gym that their agent, Northern Parking Services, is unlawfully ticketing vehicles on the public highway. Suggest that they look into the legal concept of vicarious liability. You might also point out to them that, if this is a self-ticketing operation (i.e. the ticket was applied by a member of the gym's staff), then the offence is not even vicarious: they have broken the law directly.

Point out that their agent's own photographs show that your vehicle was not parked on a dropped kerb therefore you were not causing any obstruction, and in any case such obstruction would be a matter for the local authority or police and neither the gym nor its agent has any powers to police parking on the public highway.

While you are at it remind them that other gyms are available and if they don't cancel this ticket, and put a stop to their agent's illegal activities, you will be taking your abs and pecs elsewhere at the earliest opportunity.

All very good, but I haven't seen it stated anywhere that the gym the OP attended "along the street" is in anyway connected to Northern Parking Services or the ticket she received. From the signage it would appear NPS are the agents of H2O Saunas and not Puregym.

bazster

Johno100 wrote: »

All very good, but I haven't seen it stated anywhere that the gym the OP attended "along the street" is in anyway connected to Northern Parking Services or the ticket she received. From the signage it would appear NPS are the agents of H2O Saunas and not Puregym.

Fair enough, you have obviously studied the photos harder than I have!

So the letter of complaint goes to H2O saunas, merely omitting the bit about taking her custom elsewhere. The landowner and/or its agent is still breaking the law by ticketing on the public highway regardless of whether the OP is a customer.

Marktheshark

Single point appeal to IPC.
Car was parked on the public highway outside the legal boundary of the private land to which the PPC has authority to operate.
The parking company is acting in illegality by extending its enforcement to the area outside of the legal boundary and ticketing cars which are quite clearly parked upon public maintained highway.
No contravention of a contractual parking charge can occur when a car is not parked within the confines of the land to which the car parking agents has contractual authority to operate.
Therefore the IPC should instruct the PPC they have no authority to issue parking invoices on cars parked on the public street outside the car park where the TMA 2004 is in operation.

alexsymm

Sooo...... Update so far....


I spoke to the police today, who in turn spoke to the parking company. The police have said because the parking company are claiming they have 'photographic evidence of the vehicle parked with its wheels on the pavement obstructing private property' it is a civil matter and the police won't have anything else to do with it.


Any pointers now. I don't want to end up owing a fortune and with bailiffs at my door




Do I just go down the IPC route even though police won't advise on who is at fault?

Redx

they would have to take you to court , you lose , then you fail to pay the judgment within 28 days before a CCJ happens, only after all that can bailiffs "appear at your door"

a complaint to the IPC and ignore anything except court papers (for the next 6 years) are the options now

System

it is a civil matter and the police won't have anything else to do with it.

Did you talk to the City Council parking@newcastle.gov.uk?

BiB are correct as parking in Newcastle is decriminalised.