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no stopping private road

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uncle_ernie
uncle_ernie Posts: 27 Forumite
edited 11 August 2019 at 8:33PM in Parking tickets, fines & parking
Hi guys i've been looking for info/links specific to my problem but can only find details relating to car parks
i have managed to collect some useful info re popla and i have sent the newbies template to start appeal process
and received a letter back with only partial info requested(re template sent) but do private road and car parks come under the same legislation
any help would be gratefully received regards any links/posts i can read
regards
uncle ernie STILL NEED HELP PLEASE
«13456

Comments

  • Quentin
    Quentin Posts: 40,405 Forumite
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    The newbies FAQ post no #3 covers popla

    Though you need to wait for a popla code which will come if your appeal fails (assuming that you are dealing with a BPA member PPC

    Which PPC is it?
  • fisherjim
    fisherjim Posts: 6,139 Forumite
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    What "legislation" are you thinking of?


    The whole private parking organisation works on their own made up rules which they bend to suit their side of the situation.


    The only real "legislation" is POFA 2012


    As they are private parking companies the same applies to roads and car parks they are contracted to cover unless covered by bye-laws or traffic orders.
  • uncle_ernie
    uncle_ernie Posts: 27 Forumite
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    Hi Quentin,i read the newbies faq and i have popla code
    ppc is parking control solutions leeds
    one of the things i'm unsure of is the grace period and difference in stopping and parking on private road as opposed to car park
  • uncle_ernie
    uncle_ernie Posts: 27 Forumite
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    fisherjim
    cheers your reply answers my question i think
    private road and car parks come under same rules re popla
  • Quentin
    Quentin Posts: 40,405 Forumite
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    No grace period for stopping in a no stopping area
  • fisherjim
    fisherjim Posts: 6,139 Forumite
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    fisherjim
    cheers your reply answers my question i think
    private road and car parks come under same rules re popla


    Yes, they usually fall way below the bar with signage on private roads but that is part of their trap.
  • Johno100
    Johno100 Posts: 5,259 Forumite
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    Quentin wrote: »
    No grace period for stopping in a no stopping area

    A no stopping area would surely be considered an area where parking is not normally permitted, so if you go by the BPAs Code of Practice.
    13.1 If a driver is parking without your permission, or at locations where parking is not normally permitted they must have the chance to read the terms and conditions before they enter into the ‘parking contract’ with you. If, having had that opportunity, they decide not to park but choose to leave the car park, you must provide them with a reasonable grace period to leave, as they will not be bound by your parking contract.
  • The_Slithy_Tove
    The_Slithy_Tove Posts: 4,024 Forumite
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    Quentin wrote: »
    No grace period for stopping in a no stopping area
    But then, in a no stopping area, there is no offer of parking. Ttherefore no contract can be said to have been offered/accepted and then breached.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
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    You cannot enter into a contract to do something which is forbidden. No contract equals no breach of contract. Read this

    https://parking-prankster.blogspot.com/2016/04/pcm-uk-signage-does-not-create-contract.html

    Nine times out of ten these tickets are scams so complain to your MP.

    Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

    Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

    http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

    Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.
    You never know how far you can go until you go too far.
  • uncle_ernie
    uncle_ernie Posts: 27 Forumite
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    Thanks for the replies guys,i'll check things out and maybe post my appeal letter for advice when i get chance
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