PCN from university of Southampton (Royal charter)

ed_wood

My girlfriend received a PCN whilst parked in a car park at the university of Southampton (she's a student at the university).
The only signs at the car park are very old and threaten clamping if she parks there.
On the university website it says the following about parking:

The University is an independent institution incorporated under Royal Charter and is empowered under that Charter to make Regulations and to do all such acts and things as may be requisite to further the objects of the University as a place of education and learning. The University's premises are inadequate to provide for all vehicles which staff, students and visitors might wish to bring to the University and the University Council has approved the following Regulations in order to ensure orderly and in so far as it may be possible equitable use of vehicles allowed under licence whether real or implied to enter the University's premises.

The notice she received makes no mention of BPA or IPC but says if she wants to make an appeal she has to go to the university.
Do different laws apply to the university as it is under a royal charter, i.e. can they just hand out PCN's without being a registered body and without correct signage? Or is this completely illegal?

On their website it says the following regarding penalties and appeals:

11. Appeals Procedure

The grounds for a PCN will be clearly stated on a ticket attached to the relevant vehicle. Appeals may be made on the basis that the relevant grounds stated on the penalty PCN can be demonstrated to be materially incorrect or inaccurate or if exceptional circumstances were prevailing at the time of the offence. Appeals must be made within ten working days after the issue of the ticket to the Car Parking Manager who will consider appeals against PCNs. The Car Parking Manager has the power to waive the PCN, reduce the level of a PCN, or confirm a PCN. If the PCN is confirmed, it must be paid within twenty days of receiving confirmation of the PCN.In the event that the appellant is dissatisfied with the Car Parking Manager's findings, a further appeal may be made to the University Transport Manager. If the PCN is confirmed, it must be paid within twenty days of receiving confirmation of the PCN.

12. Failure to Pay a Penalty Charge Notice

In the event of a member of Staff breaching these Regulations and failing to pay a PCN properly imposed or to reimburse the University's expenses that sum or sums will be deducted from that person's salary. In the event of a Student breaching these Regulations and failing to pay a PCN properly imposed or to reimburse the University's expenses, then the University will treat the sums or sums involved as any other debt to the University. Any Contractor with outstanding PCNs incurred pursuant to these Regulations will be invoiced and/or may have the outstanding fees offset against payments otherwise due by the University to the Contractor.

Again, is this legal? Do completely different laws apply as they are a university under royal charter?
Thanks, Ed

Fruitcake

If this is a windscreen ticket I would advise waiting for the NTK to arrive through the post.


Only an outfit affiliated to a recognised trade association can get keeper details from the DVLA for a parking event. Landowners can make a paper application the DVLA but only for trespass.


So, do nowt yet. More experienced posters will be along soonly.


Clamping is illegal so their signs are naughty and misleading. A private entity cannot issue a penalty either. Lots of naughtiness and misrepresentation going on here by the looks of things.

Coupon-mad

''In the event of a Student breaching these Regulations and failing to pay a PCN properly imposed or to reimburse the University's expenses, then the University will treat the sums or sums involved as any other debt to the University.''

That is not lawful:

http://www.theguardian.com/business/2014/feb/18/oft-warns-universities-higher-education-groups-student-sanctions

http://www.huffingtonpost.co.uk/2014/02/24/universities-warned-library-fines-students-graduate_n_4845487.html

Not only do they not know who was driving and no-one has to tell them (so don't appeal as driver to the 'Notice to Driver') but a Uni cannot treat it as a debt assumed to be the liability of one student even if they have the VRN listed as 'hers'.

It does not mean her friend wasn't driving or I or you wasn't driving it under our insurance! They have no idea who was driving and the threats are baseless but wait and see if the registered keeper (her?) gets a letter in a month or not. Then she could appeal as keeper, like on a York Uni thread we had here ages and ages ago!

Guys_Dad

Signs. If they are as bad as you say, get some photos (in case they get changed ).

The_Slithy_Tove

Coupon-mad wrote: »

That is not lawful

I see that they are also threatening to deduct a PCN from staff wages, which would also be unlawful.

And they refer to a "penalty" (assuming the wording is copied/pasted straight from the web site.

Anyway, what the web site says about PCNs is completely irrelevant, as it cannot be used as the basis of any contract that may or may not exist when one parks. Only the signage can do that.

Also, if they can only obtain keeper details for matters of trespass, then there can be no contract anyway!