Fine from Private Company for driving down a No Entry road.

micky007

Hi,

I'm sure some of you have done this before, at Charnock Richard Service Station there are 2 exit points, one which allows you back onto the M6 (main exit) or a second exit that brings you onto a road in Coppull which also has an entry road to the other side of the Service Station (good if you missed your exit travelling southbound and needed to head back northbound). A LOT of people have been using these roads at entry points to the services including myself, whether its because you live near by and would like to grab somthing to eat or drink from one of the fast food places at the services or if people have missed there exit off the motorway and needed to turn back round and head in the opposite direction. Now these roads on entry say "Only Authorised Vechicals Allowed" with a No Entry sign. For years people have been using these little "back entrys" into the services and never had any issues. If just seen a friend of mine has just got a fine from a private company (Parking Eye) for entering the services via one if the roads. I also entered the services myself a few days ago so I'm now expecting a fine from them too. When I did it a few days ago I did notice a tempory camera had been setup on entry. But I didn't think anything of it and instead just thought it was just one of those cameras that logs how long your parked at the services for.

So my question is, can a private parking company fine people for going down a road that has a No Entry sign, shouldn't that be down to the police to issue the fine and not a private company?

This may not be right as it's still our fault for going down a road that has a no entry sign but if nothing has been done about issuing fines for years and no there is then shouldn't there be a warning of the new policy/fine issuing warning? Like when councils give notice if theres new parking charges etc...

Sorry if there's spelling mistakes etc... I'm writing this on my phone in a rush and autocorrect my have changed some of the words.

If anyone can give any advice please that would be great.

Thanks

pappa_golf

http://parking-prankster.blogspot.co.uk/2015/10/parkingeye-subject-to-data-protection.html

jkdd77

It's not a fine, but an invoice to which RK liability does not apply, since the vehicle was not parked.

The driver of the OP's vehicle may have committed a trespass, but, depending on the wording and prominence of the signage, including the prominence of the charge, it is doubtful whether the PE charge is enforceable in any case- the circumstances here are very different from the Beavis case, and the 'commercial justification' for a penal charge much weaker.

If and when the OP gets an invoice, he should come back here for more detailed advice on how to appeal to PE (don't admit to being the driver!), and then to POPLA to get the invoice quashed (principally on the ground of 'no RK liability').

The OP's friend should also create his/ her own thread.

pappa_golf

jkdd77 wrote: »

It's not a fine, but an invoice to which RK liability does not apply, since the vehicle was not parked.

The driver of the OP's vehicle may have committed a trespass, but, depending on the wording and prominence of the signage, including the prominence of the charge, it is doubtful whether the PE charge is enforceable in any case- the circumstances here are very different from the Beavis case, and the 'commercial justification' for a penal charge much weaker.

If and when the OP gets an invoice, he should come back here for more detailed advice on how to appeal to PE (don't admit to being the driver!), and then to POPLA to get the invoice quashed (principally on the ground of 'no RK liability').

The OP's friend should also create his/ her own thread.

and then to POPLA to get the invoice quashed (principally on the ground of 'no RK liability

what makes you think that?

jkdd77

RK liability applies to *parking* events, not to driving through no entry signs.

_Schedule_4_PoFA wrote:

(1)This Schedule applies where—

(a)the driver of a vehicle is required by virtue of a relevant obligation to pay parking charges in respect of the parking of the vehicle on relevant land;

Even if the vehicle was subsequently parked at the service station (assuming the parking itself was legitimate), the charge would not have been issued for the 'parking of the vehicle on relevant land', but for the driving of the vehicle on relevant land, and PoFA RK liability only applies to parking.

Coupon-mad

If just seen a friend of mine has just got a fine from a private company (Parking Eye) for entering the services via one if the roads.

Can't see how PE have issued a PCN for going past a no entry sign. Sounds like the usual scam of a PCN for parking for more than 2 hours, even though it probably wasn't. Same as all PE cases, the appeal is covered by the NEWBIES thread.

waamo

Has a Notice to Keeper been received? If so what does it say?

pappa_golf

Coupon-mad wrote: »

Can't see how PE have issued a PCN for going past a no entry sign. Sounds like the usual scam of a PCN for parking for more than 2 hours, even though it probably wasn't. Same as all PE cases, the appeal is covered by the NEWBIES thread.

the voice of reason

as above , the charge is for being on LAND in excess of the limit , who mentioned "parking"

ANPR cameras record time on site , NOT time parked

Johno100

pappa_golf wrote: »

the voice of reason

as above , the charge is for being on LAND in excess of the limit , who mentioned "parking"

ANPR cameras record time on site , NOT time parked

Not necessarily, I can think of a location not a million miles from me (One Stop, Perry Barr, Birmingham) where Park Watch issue tickets for driving through a bus terminal area at the front of the shopping centre. Here are a couple of such cases.

https://forums.moneysavingexpert.com/discussion/5065975
https://forums.moneysavingexpert.com/discussion/4882320

I'm sure there are others

fisherjim

They can't "fine" you anyway, and they are a parking firm in a shoddy industry so can't invoice you for going through a no entry sign.

These "secret" service entrances are not supposed to be used by the public but should be restricted to authorised traffic with bollards or gates, it is not illegal to use them though.

Parking Eye can only try to relieve you of cash for breaking their made up parking rules as published on signage, not for anything they or the landowner dreams up on the spur of the moment.

The_Slithy_Tove

Coupon-mad wrote: »

Can't see how PE have issued a PCN for going past a no entry sign. Sounds like the usual scam of a PCN for parking for more than 2 hours, even though it probably wasn't.

Possibly a case of sneaking out through the service road in the evening, then returning in the morning. The ANPR system will think the car was in the service station all night.