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'Parking' fine for 2 second stop on pedestrian crossing

DAKOTA45
Posts: 592 Forumite
Oops... I may have submitted this on a 'stoozing' site by mistake, so posting again in the hope that someone may be able to advise me, please.
I was looking for the 'drop off' point at an airport I'd not been to before and I completely missed the turning.
I approached a pedestrian crossing and slowed right down because it was raised like a speed hump and I didn't want to scrape my exhaust which is very low. As I was going over the crossing, my partner, who was becoming very agitated, just opened the car door without warning and jumped out of the car. I braked briefly because his actions took me by surprise...
The private parking company issued a PCN and a fine, stating that I 'stopped for a period two seconds on a private road which is a Clearway'.
I don't see how I could have done anything about what happened and feel that I'm being penalised for circumstances that were beyond my control...
Doesn't the Highway Code state that a Clearway is a road where it is a contravention to stop for any other reason than an emergency?
Should there even be a pedestrian crossing on a clearway, as it would mean that cars are obliged to stop, rather than being prohibited from stopping, apart from an emergency situation. Now I'm confused.
I will have to pay the fine as my appeal was rejected... It's a bit much though! Surely they could see that there's a difference between parking deliberately and braking for safety reasons...
So fed up...:(
I was looking for the 'drop off' point at an airport I'd not been to before and I completely missed the turning.
I approached a pedestrian crossing and slowed right down because it was raised like a speed hump and I didn't want to scrape my exhaust which is very low. As I was going over the crossing, my partner, who was becoming very agitated, just opened the car door without warning and jumped out of the car. I braked briefly because his actions took me by surprise...
The private parking company issued a PCN and a fine, stating that I 'stopped for a period two seconds on a private road which is a Clearway'.
I don't see how I could have done anything about what happened and feel that I'm being penalised for circumstances that were beyond my control...
Doesn't the Highway Code state that a Clearway is a road where it is a contravention to stop for any other reason than an emergency?
Should there even be a pedestrian crossing on a clearway, as it would mean that cars are obliged to stop, rather than being prohibited from stopping, apart from an emergency situation. Now I'm confused.
I will have to pay the fine as my appeal was rejected... It's a bit much though! Surely they could see that there's a difference between parking deliberately and braking for safety reasons...
So fed up...:(
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Comments
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Probably VCS or apcoa ??
Plenty of posts and threads on here about airports and bylaws etc , so please read a dozen so that you understand the topic
Appeals are routinely rejected , they probably won't have read it or cared what it said0 -
From what you have told us this looks like a non-event. You cannot stop a passenger doing what he/she does. If this went to court they would surely struggle.
Nine times out of ten of these tickets are scams so consider complaining to your MP.
Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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 CompaniesYou never know how far you can go until you go too far.0 -
Dropping a person at an airport without being charged has become almost a military operation . The passenger must be prepared to walk two miles or be able to get out of the vehicle on the move. A recce prior to the mission must be carried out to spot restrictions cameras etc.0
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AFAIAA, dropping a person off at an airport is neither a breach of contract nor an offence under bye laws. Please correct me if I am wrong.You never know how far you can go until you go too far.0
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Doesn't the Highway Code state that a Clearway is a road where it is a contravention to stop for any other reason than an emergency?
Should there even be a pedestrian crossing on a clearway, as it would mean that cars are obliged to stop, rather than being prohibited from stopping, apart from an emergency situation. Now I'm confused.
As you're already aware this is private land and a ticket from a private parking company so forget about the Highway Code and 'Clearway' that only relates to 'proper roads' this is construct of the private parking company to entrap people like yourself.0 -
As you're already aware this is private land and a ticket from a private parking company so forget about the Highway Code and 'Clearway' that only relates to 'proper roads' this is construct of the private parking company to entrap people like yourself.
Ahhh...So many signs and they are all completely pointless... they've even painted red lines as well and they accused me of 'parking' on them. I didn't... I just braked and my passenger seized the opportunity to jump out... I had no idea he would do so, and it was completely and utterly beyond my control... but if I go to court and get a rotten judge, I'll end up owing even more money and I just can't afford to risk it on my £300 a month pension!:mad:0 -
but if I go to court and get a rotten judge, I'll end up owing even more moneyPlease 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 Street0 -
AFAIAA, dropping a person off at an airport is neither a breach of contract nor an offence under bye laws. Please correct me if I am wrong.
I wasn't intentionally dropping off... my passenger just jumped out when I slowed for the crossing... but even so, to accuse someone of 'parking' when they brake for literally 2 seconds at a pedestrian crossing is just unbelievable!
If you stop for somone to cross the road, you don't get a ticket... they must just be lying in wait for people to jump out of cars when traffic is stopped for pedestrians!:(0 -
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Probably VCS or apcoa ??
Plenty of posts and threads on here about airports and bylaws etc , so please read a dozen so that you understand the topic
Appeals are routinely rejected , they probably won't have read it or cared what it said
Yes VCS appeal rejected, arbitration dismissed by IAS...
How can you get a 'parking' ticket if you haven't parked...? I didn't park anywhere... not on the red route or the clearway... stopping at a pedestrian crossing isn't the same as parking... or is it?0
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