Parking Scam?

superscaper

Tight_Old_Git wrote: »

If a private road has not been dedicated as a highway then the Highway Code does not apply. However some private land where there are no barriers to entry can be classified as a public place where certain offences apply eg driving whilst unfit through drink or drugs, dangerous driving etc

Lesson learned. It seems like it depends essentially on exactly how "private" the private road is.

(I can just imagine the uproar in speed limits being imposed at Silverstone :rolleyes: )

trinidadone

for all those who thinks you cant load/unload on double yellow lines, please read the link and you will see you are wrong, it is legal to load on double yellow lines unless there are addittional parking loading restrictions. You cant wait or park, but you CAN load

http://www.leics.gov.uk/index/highways/road_safety_traffic_mgmt/parkingmatters/how_and_where_to_park.htm

Red Routes are no loading/stopping etc, but not double yellow

superscraper you are correct, this does not apply because it is a private road

superscaper

I just don't know any more but people are ruining my master plan to have drunk ten years old driving around like lunatics.

Bamber19

LuciferTDark wrote: »

How is it not true?

Because you suggested that the highway code applies to all roads, public or private, when in fact it doesn't apply to all private roads.

germ73

Well after 8 months or so i received more correspondance from the parking co, with the details of the "offence" and the offer to pay £50 within 14 days blah blah blah.

So what do i do now.
I have not contacted them in any way.They obv have me/ my company as registered keeper.
Even though i was the driver and i'm the only insured driver on this policy, if it went to court could i claim that the driver is unknown and that i am just the reg' keeper.
Also the details between the ticket and the recent letter vary hugely( ie date, time)
Is it best to keep quiet and leave them to threaten further?

peter_the_piper

Yes, if in any doubt take a trip to the Pepipoo website. If still uncertain start your own thread and they will put your mind at ease. You could paint double lines up your front path(assuming youv'e got one) and send a "fine" to anyone who came up it, how many do you think would pay?

Gordon861

LuciferTDark wrote: »

According to the updated Highway code you're not allowed to park on double yellow lines at any time & it doesn't matter if it's a private road or public highway, the highway code still applies.

At the end of the day the Highway Code doesn't matter, it's not a legal document and you can't be prosecuted for being in breach of it.

When you are prosecuted it is because you are in breach of The Road Traffic Act etc. The Highway Code is a collection of basic rules that people 'should' follow without needing to learn all the exact clauses and obscure parts of the UKs Traffic Laws.

For Yellow Lines to be in force and you to be able to be 'fined' for parking on them, they must have been officially adopted and submitted correctly. I think only Government Agencies can do this, not private companies. Private companies may use Yellow Lines because they are generally recognized as parking retrictions, but unless there are signs stating that the road is Private Property and Unauthorised Vehicles will be charged they won't have a leg to stand on.

Besides if you were doing a delivery to a property in that road you could also argue that you are in fact 'authorised for that visit'.

superscaper

Gordon861 wrote: »

At the end of the day the Highway Code doesn't matter, it's not a legal document and you can't be prosecuted for being in breach of it.

It isn't a law itself but it is referred to in law so although you're right that in itself breaching it isn't prosecutable, I'd disagree with saying it "doesn't matter" because disobeying the highway code can be used as supporting evidence in a case, whether criminal or civil, and the road traffic act specifically mentions the use of the highway code in proceedings. So it certainly is something that can be brought in and used in court.