PCN for parking on a public road.

Bobdown_2

Hello,
I received a Parking Charge Notice through the mail for parking on a double yellow line.
I am not questioning weather I deserve a ticket or not but I am questioning who issued it.
I stopped outside Premier Inn at Exeter City Center and left my car on the street while I popped inside to enquire as to where the hotel parking was at 6.00pm. I was away from the car for about 3 minutes. A week later I received a Parking Charge Notice through the mail issued by Premier Parking, although they share a name with the hotel, they are not connected in any way.

On the PCN it says "the terms and conditions of parking on this privet land are clearly set out on signage installed within the car park. By parking within this car park you are bound to these terms and conditions and libel to pay a charge if you breach these terms and conditions."

Photos included in the PCN clearly show I was not in the car park but parked outside on the street.
The signage they speak of was in the car park and nowhere to be seen from the street. it also does not say anything about them issuing PCN to cars illegally parked outside their car park.

I was traveling when the PCN arrived in the post and my assistant paid it straight away.
My questions are,

1. Does Premier Parking have the right to patrol the streets and issue PCN's to cars parked on a public road.

2. Clearly they got my address from DVLA. Are they allowed to do get this information to issue a PCN rather then get it to peruse unpaid PCN's

3. What are the chances of recovering this money if what they have done in illegal?

Thank you. Robbie.

Umkomaas

1. No
2. Yes
3. Have you paid them already? If not there's nothing to recover.

Advice

1. Urgently check with the council that where your car was parked is the public highway.
2. Complain to Premier Inn that their agent is operating beyond its remit and PI are jointly and severally liable for the actions of their agent.
3. Read the NEWBIES FAQ sticky for advice on dealing with this if it turns out that the road isn't public highway.
4. Read Timothea's advisory thread which will give you the background and conditions for you to consider and determine whether you might have a case to pursue for breach of the DPA in accessing your details from the DVLA (something to 'threaten' PI with).

https://forums.moneysavingexpert.com/discussion/5585388

catfunt

It's been paid.

The only way he's getting it back is the small claims court if indeed he was parked on a public road.

It's a shame, any case could be won on signage alone.

OP - were you parked in Sothernhay Gardens?
https://www.google.co.uk/maps/@50.7213026,-3.5263482,3a,37.2y,90.02h,84.44t/data=!3m6!1e1!3m4!1skXyL_qmLzwnMB1d7DNBukg!2e0!7i13312!8i6656

Just looking at the location on Google maps. There is a tiny little sign on a 5mph speed limit post opposite Premier Inn saying "Private Land" and lots of small print. On top of that post is what looks to be a "P" parking sign and then in small print saying "private land" but it is so insignificant apart from the apparent "P" parking sign that it is insignificant.
There is one other sign further down the road and thats it.

Certainly no clear demarcation of the road that suggests you're entering private land.

So, my guess is that is *is* a private road but the signage is bloody awful at best and possibly misleading at worst.

Umkomaas

catfunt wrote: »

It's been paid.

The only way he's getting it back is the small claims court if indeed he was parked on a public road.

Missed it!

my assistant paid it straight away.

So, it's do the research with the council, if it's a public highway, then issue a LBCCC, followed if necessary with a MCOL, then seek to recover through the small claims court.

Second action - educate your assistant, make them read the NEWBIES FAQ sticky at least three time!

Bobdown_2

Thank you for your advice, yes I was parked in Sothernhay Gardens right outside The Premier Inn and opposite that 5mph speed limit sign with Privet Land on it. I am checking with the Council to see if it is a public road or not but from what I see now, it looks like they were with in their rights to issue a PCN. Providing they have the contract to patrol that land of course.

catfunt

They may have been in their rights to issue a PCN if they had the proper contract to do so, AND if there had been clear and proper signage.

But there isn't. I bet 100 people could drive down that road and probably 99 of them would be blissfully and totally unaware it was private land.

Entrapment, pure and simple.

fisherjim

Bobdown wrote: »

Thank you for your advice, yes I was parked in Sothernhay Gardens right outside The Premier Inn and opposite that 5mph speed limit sign with Privet Land on it. I am checking with the Council to see if it is a public road or not but from what I see now, it looks like they were with in their rights to issue a PCN. Providing they have the contract to patrol that land of course.

Having a contract is only part of it, from what I see they fail big time with the BPA COP, so would likely loose at POPLA hands down.

Johno100

There appears to be a TRO covering those double yellow lines

https://tro.trafficpenaltytribunal.gov.uk/TRO/Devon/YD24.pdf

So Devon County Council seem to think the road is one of theirs.

Coupon-mad

Bobdown wrote: »

Thank you for your advice, yes I was parked in Sothernhay Gardens right outside The Premier Inn and opposite that 5mph speed limit sign with Privet Land on it. I am checking with the Council to see if it is a public road or not but from what I see now, it looks like they were with in their rights to issue a PCN. Providing they have the contract to patrol that land of course.

Please tell your assistant NEVER to just pay a private PCN. None are justified, the whole industry is rotten and it's better to appeal or defend a small claim or just sit out the debt collector daft letter chain.

catfunt

Johno100 wrote: »

There appears to be a TRO covering those double yellow lines

https://tro.trafficpenaltytribunal.gov.uk/TRO/Devon/YD24.pdf

So Devon County Council seem to think the road is one of theirs.

Thats perhaps a little confusing.

It's only a 20m length covering the far end of the road from Premier Inn end. The junction mentioned is actually bollarded off.

Southernhay Gardens, Exeter
both sides from its junction with Western Way to a point 20 metres west of that junction (including the turning
area on southern side)

Further enquiries needed here, I think...