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'Parking' fine for 2 second stop on pedestrian crossing

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...:(
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Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    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
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    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 Companies
    You never know how far you can go until you go too far.
  • VWPolecat
    VWPolecat Posts: 194 Forumite
    Sixth Anniversary 100 Posts
    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.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    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.
  • Johno100
    Johno100 Posts: 5,259 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    DAKOTA45 wrote: »
    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.
  • DAKOTA45
    DAKOTA45 Posts: 592 Forumite
    Johno100 wrote: »
    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:
  • Umkomaas
    Umkomaas Posts: 42,898 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    but if I go to court and get a rotten judge, I'll end up owing even more money
    Exactly how much are they currently asking for?
    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
  • DAKOTA45
    DAKOTA45 Posts: 592 Forumite
    The_Deep wrote: »
    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!:(
  • DAKOTA45
    DAKOTA45 Posts: 592 Forumite
    Umkomaas wrote: »
    Exactly how much are they currently asking for?

    It was £100 reduced to £60 if I paid immediately... but I've appealed and it also went before the IAS, so whether the reduced fine stands, I'm not sure.
    IAS said I should contact the operator to pay within 14 days...
  • DAKOTA45
    DAKOTA45 Posts: 592 Forumite
    edited 7 October 2019 at 11:40AM
    Redx wrote: »
    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?
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