Help with a pcn from flashPk

iad77

So I was hoping to get some advice if anyone can help, it's easiest if I explain the location first, I live in a flat on a main Rd, to the side of the building is a lane, it's a public lane. With the backs of a few business. So from 9-5 there are staff parking there.

So from 5pm to 8am it's empty, so I finished work on the taxi which I hire and parked in the lane behind my house at 5am left at 7am to drive the taxi back to the owner. Now a week later he got a pcn from flashPk requesting £100 or £60 within 2 weeks. I checked again in the lane and in the daylight I saw the one single sign high up on a side wall, I couldn't see it in the dark and it was high up on the wall off to the side.

Also the photographic evidence is pitch black and you can only see the licence plate of the car, far as I know he could've taken that shot anywhere...?

So first thing I've done is call the council as am I correct in thinking you can't give private pcns on a public road?? I have to call the council back in the morning to speak again to the right office but it seems obvious..

Then if it turns out somehow that this office has made the lane their private property, I should go down the popla route?

Again I just hire this car, but the owner is asking me to deal with it...

Any help would be greatly appreciated.

Redx

at the moment it seems that the owner has given you this pcn instead of naming you as lessee or as day to day keeper of the vehicle , so if its in his name then really he should name the driver , so you get one in your own name


yes it sounds like private property and the council should be able to confirm this

yes the signage seems poor at night so get your own pictures at a similar time to the parking incident if you can , showing how bad it is and how dark it is (badly illuminated is good for you, as is high up , not easy to read and not enough signage)

you can appeal it using your name and address etc, use the edna basher template to appeal it as keeper , no naming drivers at this stage

Umkomaas

So first thing I've done is call the council as am I correct in thinking you can't give private pcns on a public road?? I have to call the council back in the morning to speak again to the right office but it seems obvious..

Good move, get that checked out.

I just rent the car, but the owner is asking me to deal with it...

The driver should never be identified here - so go through your opening post and edit as necessary. You are the hirer and day to day keeper.

Then use the Edna Basher template for a hirer/keeper from the NEWBIES FAQ sticky, post #1. Getting a POPLA Code will be the main step in getting this cancelled. The PPC will screw up on a hirer/keeper POPLA appeal.

iad77

Also I forgot to mention, the lane is a dead end, and there are no parking spaces marked out whatsoever. It's marked as a road.

iad77

So just off the phone with the council and they say 100% it's adopted highway and the private company has no right to ticket there... So would it be better to contact flashprk or the office that employs them?

nosferatu1001

Or you send them a letter before claim for accessing your data without reasonable cause.
Theyre ticketing in an area they have no contract to, and cannot have a contract to - as it is adopted highway

I would also ask the council if they plan on sending in trading stadards.

Umkomaas

Ask the council to confirm in writing.

iad77

Umkomaas wrote: »

Ask the council to confirm in writing.

They're sending it to me in an email.

iad77

Update, really annoyed, adopted highway ends just where the car was parked. Looks like it is private property, even though there's no markings on the floor to differentiate public to private.

Redx

iad77 wrote: »

Update, really annoyed, adopted highway ends just where the car was parked. Looks like it is private property, even though there's no markings on the floor to differentiate public to private.

so poor road markings , poor signage , no clear boundary markings etc all leading to confusion and entrapment, so all in your favour when pointed out to the judge


the area they patrol should be clearly defined and marled and signed so that there is no ambiguity and its as plain as the nose on your face not to park there, if they wish to enforce their contract


look up LORD DENNINGS RED HAND RULE

iad77

Owner of the car wants to write to them to explain that its a taxi and the driver was picking up passengers, and had gotten out to go find them, also enclosing a photo of the taxi licence for the car.

However there's no email for flash pk only post, or a message page on their website...

I think it's two weeks tomorrow btw