GXS Parking Private PCN on Double Yellow Lines

chubbzilla

Hi,

I have received a PCN letter regarding an alleged parking incident on double yellow lines. The envelope has my name titled correctly, but the name on the PCN is miss-spelt by character twice. The date of the incident was 25th August 2019 (Sunday), and the date the PCN was apparently sent on was the 7th September 2019 (Friday). The stamp shows that the PCN was sent via First Class Royal Mail postage, and there is a black stamp/print on the envelope stating the nearest Royal Mail postal centre and the date "10/09/2019" on it.

The road in question is a non-council-maintained road (Class "Q" from West Sussex County Council Road Classification Guidelines).

There is a picture of the car on the PCN that I am the registered keeper for, but with no "no parking" signage clearly displayed, only the double yellow lines.

Looking at the POFA 2012, although their date of postage is 13 days after the notice, the letter was not received until Thursday 12th September (Could of been Wednesday 11th, but I did not check my post then). Other than my own word, evidence for this is the black stamp on the envelope stating the 10th September 2019, which is 16 days after the alleged incident. This makes me believe the date of postage on the parking charge is fake.

If we were to believe their postage date (7th Sep), quoting POFA 2012 again, "A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." Would this mean this PCN would not be valid until the Monday (9th Sep) which is 15 days after the alleged incident.

I have posted on here before about appealing PCNs in private car parks. But is a PCN from a private parking firm on Double Yellow lines any different?

The parking firm is GXS Parking and they are an IPC member (Sigh). The fine is for £100 which is I have 28 days to appeal from 7th Sep, so I have till the 5th Oct to submit.

Any help on this would be gladly appreciated. I've checked the Newbies thread but can't find anything on Double Yellow Lines.

Thanks,

Coupon-mad

A PCN supposedly (but PPCs lie!) posted on a Friday is not deemed delivered till Tuesday.

If it's a postal PCN, did they take photo images from CCTV then?

You've sussed that an IPC appeal almost never works but put in the NEWBIES template appeal anyway, no need to talk about why the car was on double yellows in the appeal.

But for us, why was the car on DYL, was it loading or displaying a Blue Badge, and how many minutes did they capture it there?

chubbzilla

Hi Coupon-mad, thanks for replying.

Apologies I read the date wrongly. It wasn't actually sent until 7th Sep, which was actually a Saturday, where regardless of First Class post, there was no way this was going to be received within 14 days.

There is a picture of the car, but it was taken by an individual with a handheld camera. Not CCTV. I'll upload the PCN when I get back from work.

The area the car was in is a popular area for it's beach, and there are 4 other cars in the picture that are parked on the DYL's aswell. There was no commercial loading going on (Although as it was a Sunday, I could say that driver was loading their friends cycling gear from the beach?) Also the keeper does not have a blue badge.

There's no indication on the PCN for how long the car was there, just a static picture with a date/time stamp.

Okay thanks, I will launch the first appeal with the blue text NEWBIES template :-)

Thanks,

Coupon-mad

I could say that keeper was loading their friends cycling gear from the beach?

Yes, that is loading. I wasn't expecting commercial loading!

NeilCr

chubbzilla wrote: »

(Although as it was a Sunday, I could say that keeper was loading their friends cycling gear from the beach?) ,

Just checking. Did the keeper actually do this?

Not getting at you but that statement could be read in a couple of ways

fisherjim

Double Yellow Lines on a private car park are just coloured paint, the PPC will use them in any way they think fit to scam you out of money, they hope people will think of them like council ones so they can catch people out.

chubbzilla

Hi all,

Thank you all for the quick responses! Much appreciated.

Apologies NeilCr, I have edited that statement out to avoid any confusion.

So when it comes to the probable appeal to the IAS, my main ground for the appeal is:

1) The PCN is non-POFA compliant as the registered keeper did not receive the PCN within the specified 14 days. The PCN was not received by the registered keeper until 17 days after the alleged incident.

Other grounds for appeal are:

1) Driver engaged in casual loading of bike gear from the beach into the car. There is no evidence on the PCN the car was parked there for an extended period of time.
2) Poor signage of this being a private/council owned land.
3) Multiple other cars parked in similar positions on this street.

To me, it seems the Port Authority are fed up with people parking on the yellow lines on that road, but couldn't do anything because it is not council owned. So they have hired this GXS company to do their dirty work. People have been parking there for 10+ years now.

Thanks,

Coupon-mad

when it comes to the probable appeal to the IAS

But you won't be doing that. ONLY the first stage appeal, and landowner complaint, then court stage if they sue you, is worth engaging in.

Egbert_Nobacon

Please confirm the landowner.

In your post 7 you mention the Port Authority and if they are the landowner this could affect the defence advice.

chubbzilla

Hi Egbert,

I've had a look on google street view for Basin Road South and there is a sign at a certain point saying this is a PRIVATE ROAD. Google street view goes no further than this. So I assume it is not council/district owned past this point, and that Shoreham Port Authority are the land owner and have employed GXS to manage the parking in this area. The car was parked well beyond this sign.

Seems to be a similar case here - http://forums.pepipoo.com/lofiversion/index.php/t120666.html and they have received solicitor documents from Gladstone. But this one is for parking in a paid-for parking area.

The PCN I received is available at: https://www.mediafire.com/view/7j9zq5m9ghajavt

I've done some research into whether parking fines are enforceable on DYL's on private roads and a lot of people are stating that parking on DYL's is not enforceable on private land. Is this true?:

https://forums.digitalspy.com/discussion/1756605/double-yellow-lines-on-private-land
https://forums.moneysavingexpert.com/discussion/5054590/parked-on-double-yellow-lines-on-private-property-and-got-a-ticket

Thanks,

Ralph-y

"I've done some research into whether parking fines are enforceable on DYL's on private roads and a lot of people are stating that parking on DYL's is not enforceable on private land. Is this true?:"


this is a little irrelevant .... you are being chased for breach of contract not fined.



the two links are to items 7 and 5 years old ... much has changed. Only follow up to date advise as in the forum newbie thread.


https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou




Ralph:cool: