Where are the Regs for Parking on Private Land ?

Tarian

This forum has several references to:
Protection of Freedoms Act 2012.
Schedule 4 - Recovery of Unpaid Parking Charges

Para. 12 (2) says:
"The appropriate national authority may by regulation made by statutory instrument prescribe requirements as to the display of notices on relevant land where parking charges may be incurred ....etc"

An internet Search doesn't return any such Regulations.
Have any been issued ?
If so, please can a link be provided

If Signage Regs have not been so issued, does anyone know if Case Law (for parking on private land) supports the application of the Statutory Guidance for signage etc for parking on the public highway etc ?


Thanks

Coupon-mad

None have been issued.

does anyone know if Case Law (for parking on private land) supports the application of the Statutory Guidance for signage etc for parking on the public highway etc ?

What do you mean, what sort of scam PCN have you got and from whom?

Half_way

parking on private land is un regulated, there are no regulations only a few things made up by a few trade associations that exist only to look after their members interests, the parking company's.

If you have a ticket/parking charge you need to say so,.
Challenging it on the grounds that the signs don't comply with TSRA (road signage rules) will only result in you wasting your own time by barking up the wrong tree.

The_Deep

See the HOC debate

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed in the house as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week, hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an
M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the House of Commons recently

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

Fruitcake

Is this to do with your PCN from London Parking Solutions? If so, you should keep all questions on the same thread, not start a new thread for each new question.

Tarian

Coupon-mad wrote: »

None have been issued.


What do you mean, what sort of scam PCN have you got and from whom?

Please see my post at:
https://forums.moneysavingexpert.com/discussion/5909803/private-access-road-se-london-london-parking-sols&highlight=

No one has commented yet.

Apparently the keeper stopped briefly in an unfamiliar private road in running parallel to an unfamiliar main road in SE London and saw no "contract" signs.

It turns out that some signs are present - from London Parking Solutions;
- Some at an odd angle
- Mostly in a small font and dense text

A) Statutory Guidance for public highways has certain requirements - incl. the ability to read and absorb content in a limited time

P of A 2012 provides for Regulation on signage on privat land - but no Regs seems to exist (yet)

Fruitcake

As already mentioned, please stick to one thread. Regulars here deal with about 100 queries on an average day so asking people to flit between threads is not practical.

Please post your questions on your other thread where you have already set out the basics. Your questions on this thread are completely without context.
You have already been told there are no regulations for signage regarding private parking, and regulations for public highways do not apply to private land.

Yes, the POFA 2012 allows for regulation of notices (signs) on relevant land, but uses the word "may." It does not say, "must."

KeithP

Tarian wrote: »

Please see my post at:
https://forums.moneysavingexpert.com/discussion/5909803/private-access-road-se-london-london-parking-sols&highlight=

No one has commented yet.

And it is unlikely that anyone will ever comment on that thread, simply because it is now on the twenty-ninth page of this board.

You would be wise to ask a Board Guide to merge your two threads.

Umkomaas

KeithP wrote: »

And it is unlikely that anyone will ever comment on that thread, simply because it is now on the twenty-ninth page of this board.

You would be wise to ask a Board Guide to merge your two threads.

That means there are almost another 600 other posts (20 per page) rapidly shooting up the forum demanding assistance. Almost impossible to cope with!

OPs need to manage their threads.

Tarian

Fruitcake wrote: »

Is this to do with your PCN from London Parking Solutions? If so, you should keep all questions on the same thread, not start a new thread for each new question.

Absent an answer to to the specific parking situation.....
It seems entirely reasonable to ask a general, but narrow question about signage.....
.....and the P of A making provision for the Regulation of signage.

How is anyone expected to know that since 2012, no such Regs have been made - without asking - and on a stand-alone thread - which some of us might search for ??

You have answered very clearly - in the negative - and that is very helpful - and may be appreciated by others searching for the topic of "Signage" and Regulation".

(While appreciating the efforts of regulars, it would also be appreciated if Newbies were not routinely "told off" - esp. as this Forum is a navigational "maze".
Surely our common enemy is these scam Parking Cos ? )

Loadsofchildren123

No regulations have been made.

In the Beavis case it was said that in the absence of such regulations the court would expect the operator to comply with the terms of the Code of Practice of whichever ATA it belongs to (IPC or BPA). Effectively, it was held that the CoP is effectively regulation and operators should be expected to strictly adhere to the CoP in the absence of other regulation – see paragraphs 96 and 111 of the judgment:

96. ''As at April 2013, there was only one relevant accredited trade association, the BPA, to which reference was made on the Notice, and to which ParkingEye still belongs. The BPA Code of Practice is a detailed code of regulation governing signs, charges and enforcement procedures.''
111. “''And, while the Code of Practice is not a contractual document, it is in practice binding on the operator since its existence and observance is a condition of his ability to obtain details of the registered keeper from the DVLA. In assessing the fairness of a term, it cannot be right to ignore the regulatory framework which determines how and in what circumstances it may be enforced.'' (emphasis added).