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PCS for temporary stop on access road

Hi, I received a PCN by post from PCS writing on behalf of Secure a Space for parking on yellow lines or cross hatched area on a an access road in front of a gate next to a local store in Ipswich. The store uses the access for delivery. I was not the driver but the stop was made with with engine running and hazards on. The charge was made using a warden operated camera system. The Letter was issued 10 days after issue of PCN and received 14 days after alleged incident. I was reading the Suffolk Council webpage and cannot find these markings. In addition its says 'We cannot provide 'H' markings in Ipswich as Ipswich Borough Council have their own civil parking enforcement powers and can issue penalty charge notices where pavement crossings or pram ramps have been blocked’. I am not sure of the signage but I looked at the Newbies page and was a bit confused about the template to use as I think this is an NTK. Any suggestions for appeal?
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Comments

  • DrDoLittle
    DrDoLittle Posts: 9 Forumite
    Actually they are double yellow lines from the public road extended onto a private access road ... not sure that is legal?
  • Umkomaas
    Umkomaas Posts: 43,730 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    DrDoLittle wrote: »
    Actually they are double yellow lines from the public road extended onto a private access road ... not sure that is legal?

    The private parking industry largely does what it likes. There's no regulation and the government doesn't seem too fussed about what they're up to.

    Please read the NEWBIES FAQ sticky, post #1 will do for now to start you off.
    but the stop was made with with engine running and hazards on.
    So many people believe that having the engine running, driver still in his seat and hazards flashing is not parking. Urban myth - don't rely on that in a court.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    treat the letter/invoice as an NTK as it appears PCS are being used as the "back office" here

    use the appropriate template depending on which AOS the PPC is in , there are only 2 so easy to check on the trade body websites

    coloured paint is exactly that on private property , but you should assume they will do as they like and that a court may decide that the restrictions they are trying to impose are similar to the national markings in that people are aware of the intention of placing them in situ
  • paulT
    paulT Posts: 30 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    I can confirm PCS act on behalf of Secure A Space - I received the same and am fighting the Original notice to Driver - which was issued by Secure A Space, appealed on day 26 and got POPLA code 30 days later, however meanwhile received NtK from PCS. Check the NtK is compliant.
  • DrDoLittle
    DrDoLittle Posts: 9 Forumite
    I spoke to the store staff and they have no relationship with PCS. Apparently some of the staff have been ticketed and passed on to manager and no fine ever paid. The lines are new extensions which go all the way onto the public road. I was just curious as an aside as to whether this is legal. I will use the BPA template. and wait for a POPLA. Thanks.
  • Umkomaas
    Umkomaas Posts: 43,730 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I was just curious as an aside as to whether this is legal.
    They can paint whatever they like on a private road.
    Actually they are double yellow lines from the public road extended onto a private access road ... not sure that is legal?
    That's twice you've raised that question here. Redx answered thus:
    coloured paint is exactly that on private property
    You seem to doubt his advice? In that case contact the local authority as they have responsibility for the road markings. They can tell you (as we have tried to) whether they are legal on private land.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    DrDoLittle wrote: »
    I spoke to the store staff and they have no relationship with PCS.

    that is because PCS is a debt collector , not a parking company

    your invoice is from Secure A Space , not pcs , pcs are the back office provider as you were told earlier , they are working on behalf of an MA or the landholder (or the retailer)
  • Hi have been waiting for a response to my appeal using the BPA template which I sent 10th May. They did not respond with a POPLA code and despite specifically asking them not to reply by email (tick box option on web appeal form) they sent an email asking for the identity of the driver. I ignored this waiting for a snail mail response with POPLA code. Instead today I received a letter from Debt Recovery Plus Ltd asking for the parking charge to be paid in 2 weeks in full. Should I respond to PCS or DRP as I have not been given the evidence against me or the POPLA code. Any suggestions?
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    Debt Recovery Plus Ltd also t/as Parking Collection Services & Zenith Collections

    complain to the BPA that no POPLa code received

    foward the email asking for drivers details as well
    Save a Rachael

    buy a share in crapita
  • System
    System Posts: 178,369 Community Admin
    10,000 Posts Photogenic Name Dropper
    complain to the BPA that no POPLa code received

    +1 send to aos@britishparking.co.uk.

    They will claim they sent it by email if you appealed by email. Check your spam box.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
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