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Private PCN on council land

Hi all,

My vehicle was issued with a PCN from a private company (BPA affiliated), however I understand the ground it was parked on is owned by the local council.

The site is a park + gym, with the gym being run by a private company on behalf of the council.

I have put in first stage appeal (thanks for the templates!) but now preparing the POPLA appeal in anticipation of rejection of original appeal, and unsure whether this point is a valid point. Ie, only the council can issue penalty charge notices on council land.

Any help on technicalities of the above would be much appreciated!

Thanks,
-Mitchell

Comments

  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    Try asserting that as council owned land it isn't relevant land for POFA. If it is then make them prove it.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    some councils may own land but lease it out , like the one in Chorlton Precinct leased to Excel for example

    I suspect it all depends on the lease


    there are some ALMOS that own the land but engage a PPC , which then involves a 3 stage appeal, so not always clear cut


    but as stated above, you can assert your fears and make the PPC prove their case , that is always the case regardless
  • Umkomaas
    Umkomaas Posts: 43,895 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Get confirmation from the council - one way or the other. In writing!
    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
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