Parking Charge Notice - UK Car Park Management (UK CPM) - double yellows private road.

nosferatu1001

..on public highway subject ot the RTEs
Which these might be, as roadways can still be "pol;iced", for example

Even on true private land, they have no meaning whatsoever, except that granted by clear, explicit signage. Worse fo the PPC, to make it any different to that which a reasonable person would expect, such as NO STOPPING, the signage would have to be SUPER clear

665321

Coupon-mad said:

There is no transgression in stopping for a few minutes on a double yellow.  Those lines do not mean 'no parking'.

Good to know, that will be the driver's defence along with the forbidden nature of the signage.
SAR sent off to UKCPM, and Gladstones have been contacted advising that RK is seeking debt advice,
Looking forward to the Court Claim in 30 days or so. 

nosferatu1001 said:

..on public highway subject ot the RTEs
Which these might be, as roadways can still be "pol;iced", for example

Even on true private land, they have no meaning whatsoever, except that granted by clear, explicit signage. Worse fo the PPC, to make it any different to that which a reasonable person would expect, such as NO STOPPING, the signage would have to be SUPER clear

This is a private road according to the county councils Highways Register.
Cheers all.  Hope we can stick it to these rotters.

nosferatu1001

Have a look at the definition of a public highway; being privately owned doesnt mean the RTEs dont apply

665321

nosferatu1001 said:

Have a look at the definition of a public highway; being privately owned doesnt mean the RTEs dont apply

OK so I've read this https://www.arrivealive.mobi/public-roads-vs-private-roads-and-traffic-enforcement and see what you're saying, that it is regarded as a public road from a law enforcement point of view.
I don't understand how that may or may not impact any potential  defence, but hey ho.

nosferatu1001

Because it means that road markings have meanings, thats why!
They put double yellow lines down, on Public Highway
That means they must have the same meaning as DYL on any otrher highway. That means parking is not allowed, but loading and unloading, embarking / disembarking (assisted or otherwise) is allowed, etc.
If they wanted to convey no stopping at all, then they needed toi use DRL. OR they needed to have huuuuuuuuuuuuuge signs sayting "THE DYL MEAN NO STOPPING, EVEN THOUGH THIS IS A PUBLIC HIGHWAY AND NORMALLY DYL WOULD MEAN YOU COULD STOP, BUT WE'RE TRYING TO TRAP PEOPLE HERE WHICH SHOULDBE CONSIDERED FRAUD"

665321

Well here's hoping the Judge doesn't think this sign with its hilarious small print qualifies for all of that.

KeithP

A sign that states...

...is clearly forbidding in nature.

It is not possible for a motorist to agree to contract to do something that is forbidden.

Johnersh

Sigh. It's not a £100 charge for parking it's £100 for breach of terms. But the terms don't offer anything.

Technically you'd be immediately in breach of those terms stopping and getting out to read the sign. Double reds are for no stopping or waiting. There's an argument that double yellows which permit waiting induce stopping. 

nosferatu1001

Absolutely. 

They have knowingly used dyl which have a known meaning.  

Bluefeather

Parking was decriminalised around 2004. Any enforcement of double yellow lines must be as the relevant legislation. Basically traffic regulation order that can be in place for private or public roads.
Offences on the highway which is any road accessible to the public include obstruction, careless driving..... etc. 

On this site if the double yellow extends into it from land outside of any land claimed controlled by PPC then that's a problem for the PPC. Car parks can have roads and prevention of stopping has case law see parking prankster for lists. 

What land they claim control off? Can you be sold the service of "do not park here". What is your benefit in the contract the benefit is for those with access to their car park not for you. So contact fails. Double yellows a trap the contact is unfair.

Signage etc

Back to double yellow if it extends from TRO road into the ticket site then someone is at fault, you have damages and so on.