Transited carpark without stopping or parking, fighting ANPR based penalty

MadMarsupial

prowla said:

Is there a right of way?

Presumably for the club, but I still have to deal with the half wits acting as 'gate keepers'.

B789

It will all depend on what right of access the sporting club has and who owns what bit of land.

MadMarsupial

Coupon-mad said:

I'm told by a third party that the club has given a list of known/frequent vehicles to the parking company to prevent constant tickets on vehicles needing access (ie the clubs boat trailer towing truck).

Therefore, they DO have influence and a right to exempt vehicles from PCNs,  AND the PPC knows full well that there is a problem.

But if the boat club refuse to actually cancel (or tell you who can cancel it) then you need to get this information set out from the Boat Club manager by email, not as hearsay, as evidence will help for POPLA.  Word of mouth won't.

Hopefully the club secretary can set much of this straight. Waiting.

I had always presumed that there was a knowledge of the issue and arrangement of some sort, but the exact nature and how strong any influence may be is not known. Maybe the club has a lot of power. Maybe they have to go cap in hand.

My presumption was that the inital appeal was looked at by a low level office monkey somewhere remote who doesn't know the specifics of the site and was merely working on the "camera says, therefore that is the only answer" type of mentality.

MadMarsupial

As an aside...

I will have to let the bloke from the club know that if I can't get the PCN waived that I'll have to add the cost to his boat repair bill!

He might just raise a bit of hell of his own at the club!

MadMarsupial

Hold the press!!!

Club Captain has sent an email (presumably at request of the Secretary).

He's going to ask for the PCN to be cancelled. No guarantees. It's happened before due to the odd arrangement.

GrumpyDil

MadMarsupial said:

Hold the press!!!

Club Captain has sent an email (presumably at request of the Secretary).

He's going to ask for the PCN to be cancelled. No guarantees. It's happened before due to the odd arrangement.

Thats good but I would say they need to tell them to cancel the PCN not ask them.

MadMarsupial

GrumpyDil said:

MadMarsupial said:

Hold the press!!!

Club Captain has sent an email (presumably at request of the Secretary).

He's going to ask for the PCN to be cancelled. No guarantees. It's happened before due to the odd arrangement.

Thats good but I would say they need to tell them to cancel the PCN not ask them.

I don't know if the club has an "ask" or "tell" relationship with the parking company, but let's see.

B789

At least it looks like Plan A is coming along. One way or another (excuse the pun), the Club has a relationship with the landowner where the right of way is concerned. Whether it is an "ask" or "tell" relationship is not probably very relevant but any fettering of that right will determine the outcome.

Fruitcake

Don't forget to complain to your MP and ask them to forward it to the MP responsible for the area where the alleged event took place.

This is going to harm business and stop people spending money in the second MP's constituency.

You can find your MP's contact details here.

WriteToThem - Email your Councillor, MP, MSP, MS, MLA or London Assembly Member for free

You could also ask the council if planning permission was approved for ANPR scameras and control boxes, and if advertising consent was approved for the signs.
Not having the latter is a breach of para 12 of the PoFA 2012, and a criminal offence, but only the council can pursue it. Planning breaches should be reported to the council and MPs.

MadMarsupial

B789 said:

At least it looks like Plan A is coming along. One way or another (excuse the pun), the Club has a relationship with the landowner where the right of way is concerned. Whether it is an "ask" or "tell" relationship is not probably very relevant but any fettering of that right will determine the outcome.

I've discovered they the sporting club I'm dealing with is under the umbrella of the charitable trust that operates the car park and a lot of the other sporting organisations nearby.

Waiting to see what happens.

Still interested to see what the rules are for what happens if you enter a carpark, find it full, then exit.