Parked causing obstruction

illgetwiser

Hi Guys,

Apologies if this has been posted already however I couldn't seem to find anything, please do feel free to refer me to the relevant thread if my case is similar to something already posted.

I have been ticketed by P4Parking which is BPA. I was loading a car with heavy film equipment on private land in the estate where I live outside of a parking bay. I was ticketed for "parking causing an obstruction" as other cars were in bays but nobody needed to leave and I was there for a short amount of time.
I read on my housing associations website that "According to the Road Traffic Act, there is only one offence in regards to obstructive parking.

An obstruction occurs when you are prevented from entering your parking space on your property (for example, accessing the drive on your front garden, over a dropped kerb). There is no equivalent offence if you are prevented from leaving the space."
As no cars were being stopped from entering a bay (they were in the bays) is this really an obstruction?

I was driving a Zipcar at the time, and hadn't seen this website so I appealed on the 17th day and I believe within my appeal I stated I was the driver which I saw in the Newbie thread that that is what I should have done (I think). Is there anything that can be done?

Thanks for reading and any help in advance.

twhitehousescat

I read on my housing associations website that "According to the Road Traffic Act, there is only one offence in regards to obstructive parking.


but this is private land . not the public counsil maintained road .

illgetwiser

twhitehousescat wrote: »

I read on my housing associations website that "According to the Road Traffic Act, there is only one offence in regards to obstructive parking.


but this is private land . not the public counsil maintained road .

So that's void. Any other way to go about this then? My first appeal was rejected and I'm on to the Popla appeal stage.

The_Deep

[FONT=Times New Roman, serif][FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

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.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT][/FONT]

Le_Kirk

If you have received a POPLA code you compete a POPLA appeal using ALL the appeal points you will find in post # 3 of the NEWBIE sticky and adding your own points about loading etc.

twhitehousescat

you were not parked , the "driver" was loading / unloading on behalf of the property owner for a short period of time

the obstruction charge was initiated by a company that recieves financial gain .

there was no obstruction to other residents or there vehicles

no loading bays are provided by the housing assoc or the parking co

The_Deep

Have you read Jopson v homeguard?


[URL]file:///C:/Users/David/AppData/Local/Microsoft/Windows/INetCache/IE/6V66GN52/f6d657adf7df70d27e1dd285688b5701.pdf[/URL]

twhitehousescat

The_Deep wrote: »

Have you read Jopson v homeguard?


[URL]file:///C:/Users/David/AppData/Local/Microsoft/Windows/INetCache/IE/6V66GN52/f6d657adf7df70d27e1dd285688b5701.pdf[/URL]

not direct;y from your computer

Castle

twhitehousescat wrote: »

I read on my housing associations website that "According to the Road Traffic Act, there is only one offence in regards to obstructive parking.


but this is private land . not the public counsil maintained road .

The Road Traffic Act 1988 applies to private roads if the public has access (section 192); and it's an offence under section 22 of the Act to leave a vehicle in a dangerous position on a road.
http://www.legislation.gov.uk/ukpga/1988/52/section/22

twhitehousescat

Leaving vehicles in dangerous positions.
If a person in charge of a vehicle causes or permits the vehicle or a trailer drawn by it to remain at rest on a road in such a position or in such condition or in such circumstances as to [F1involve a danger of injury] to other persons using the road, he is guilty of an offence.


however the parking co have not stated that , no mention of dangerous , just money grabbing . and I would say "fine" that goes in there pocket ,

at no point have the parking co done what they were hired for , they have not stopped the "obstruction " in any way

illgetwiser

twhitehousescat wrote: »

you were not parked , the "driver" was loading / unloading on behalf of the property owner for a short period of time

the obstruction charge was initiated by a company that recieves financial gain .

there was no obstruction to other residents or there vehicles

no loading bays are provided by the housing assoc or the parking co

I think in my initial appeal I already admitted to being the driver, thank you. That's a good point there aren't any loading bays when I think about it.