Prohibition of Stopping charges contravene IPC CoP (unless at airports or similar)

York_MoSavE

We have received a notice of unpaid parking charge from UKCPS at 'Private Roadways Bilbrough'. I'm not seeking support on the forum but to share with those similarly affected my understanding that UKCPS are contravening the IPC Code of Practice V9 issued 1 Jan 2024.

The CoP states:
13.3 Prohibition on stopping The provisions of Schedule 4 of the Protection of Freedoms Act 2012 relate specifically to the parking of vehicles on relevant land and the recovery of parking charges – they arose from the need to respect landowners’ interests given the introduction of the prohibition on wheelclamping, and so largely envisage circumstances where a wheel-clamp may otherwise have been applied i.e. to a stationary, generally unoccupied, vehicle. However, this Code also applies to instances where the prohibition on stopping arises from a clear security concern e.g. within airports. Parking operators must only pursue parking charges in instances that could be interpreted as stopping if they have explicit consent to do so on evidenced security or safety grounds from the IPC following audit of the adequacy of the signs and surface markings in place to inform drivers of the restrictions in place.

In the absence of a security or safety grounds at locations such as Bilbrough, it appears clear to me that since the start of the year any parking operators within IPC pursuing charges for stopping are breaking the code and therefore in contravention of KADOE Part C 1.1:
The Customer shall ensure that signage, terms and conditions of service for parking customers and correspondence with data subjects comply with the Law and with the requirements of the ATA’s Code of Practice or Conduct.

I have complained to the DVLA. More complaints might attract their attention perhaps?
I am shortly to complain to the ICO since UKCPS have not responded to my Data Protection Complaint.

Hopefully this forum's experts don't believe I've missed the mark and this stands scrutiny.
I did look for any other posts on this but couldn't find any.

KeithP

I know you have said you are not seeking support on the forum, but I thought you might be interested to know that there are four other threads discussing UKCPS and 'Private Roadways Bilbrough' and not one of them have reported any court activity.

Coupon-mad

I agree.  Hope your DVLA complaint hits the mark. When fobbed off, escalate the complaint to stage 2, then independent review (stage 3).

That new clause comes from the soon to be incoming statutory Code of Practice. PPCs can't just set up any old private road approach, land or car park as if it's a "no-stopping" zone.

The only rain on your parade will be if (and I fear, when) the IPC lift the carpet to sweep the dust underneath it, and suddenly say to the DVLA that their paying member UKCPS had special dispensation.  Course they did...!

Can you show us a link to this road on GSV?

KeithP

Here is a sign as you leave the public highway and enter the services private road network...

[click on the image to go to GSV]

The sign is quite small and on the opposite side of the road when driving in, although in fairness, there are other 'no stopping' signs repeated along that entrance road.

Coupon-mad

Why would there be security concerns, I wonder?  Why couldn't normal signage with parking charges work there? Moneymoneymoney...

KeithP

Coupon-mad said:

Why would there be security concerns, I wonder?  Why couldn't normal signage with parking charges work there? Moneymoneymoney...

And further to that...

If they insist on no stopping, why not use the accepted double red lines for that?

Moneymoneymoney...

York_MoSavE

KeithP said:

I know you have said you are not seeking support on the forum, but I thought you might be interested to know that there are four other threads discussing UKCPS and 'Private Roadways Bilbrough' and not one of them have reported any court activity.

Those are old threads from well before this change to the CoP. That's why I saw value in updating the forum.
I'm happily ignoring UKCPS and will happily defend myself if it came to court.

York_MoSavE

Coupon-mad said:

I agree.  Hope your DVLA complaint hits the mark. When fobbed off, escalate the complaint to stage 2, then independent review (stage 3).

That new clause comes from the soon to be incoming statutory Code of Practice. PPCs can't just set up any old private road approach, land or car park as if it's a "no-stopping" zone.

The only rain on your parade will be if (and I fear, when) the IPC lift the carpet to sweep the dust underneath it, and suddenly say to the DVLA that their paying member UKCPS had special dispensation.  Course they did...!

Can you show us a link to this road on GSV?

KeithP posted the GSV link for us.

I'll take my umbrellas to court and enjoy seeing if the magistrate thinks that this publicly accessible site just off the A64 in Yorkshire deigned for people to access many public facilities for rest and recuperation meets the IPC criteria of safety and security such as is necessary at airports.

Thanks for the reminder about escalating with DVLA, I deliberately asked them in my complaint to inform me of their full complaints procedure covering the escalation and appeals with timelines for doing so. I found old information about DVLA complaints that I'll compare what they give me and I'll post back If I find variance from this forum info.

LDast

York_MoSavE said:
I'll take my umbrellas to court and enjoy seeing if the magistrate thinks that this publicly accessible site just off the A64 in Yorkshire deigned for people to access many public facilities for rest and recuperation meets the IPC criteria of safety and security such as is necessary at airports.

Are you sure you fully understand the process? Did you receive a Penalty Notice (PN) or a Parking Charge Notice (PCN)? Two very different things.

For a PN, it can only be issued for a breach of a bylaw on land under statutory control. Assuming it hadn't already timed out, the PPC would have to bring a private criminal prosecution, assuming they are even allowed to do so by the landholder, in the magistrates court. They wouldn't actually bother because any "fine" charged to the Defendant goes not go to the PPC but to the public purse.

For a PCN issued by an unregulated private parking company there is no magistrate involvement. It is not a criminal matter. It is a civil matter dealt with in the County Court by a District Judge for a debt owed for an alleged breach of contract.

York_MoSavE

LDast said:

York_MoSavE said:
I'll take my umbrellas to court and enjoy seeing if the magistrate thinks that this publicly accessible site just off the A64 in Yorkshire deigned for people to access many public facilities for rest and recuperation meets the IPC criteria of safety and security such as is necessary at airports.

Are you sure you fully understand the process? Did you receive a Penalty Notice (PN) or a Parking Charge Notice (PCN)? Two very different things.

For a PN, it can only be issued for a breach of a bylaw on land under statutory control. Assuming it hadn't already timed out, the PPC would have to bring a private criminal prosecution, assuming they are even allowed to do so by the landholder, in the magistrates court. They wouldn't actually bother because any "fine" charged to the Defendant goes not go to the PPC but to the public purse.

For a PCN issued by an unregulated private parking company there is no magistrate involvement. It is not a criminal matter. It is a civil matter dealt with in the County Court by a District Judge for a debt owed for an alleged breach of contract.

Thanks for checking. It is not a statutory PN, my mistake saying magistrate about the process for them attempting civil proceedings for the 'debt'.

Coupon-mad

Ok but is it headed Penalty Notice or a Parking Charge Notice?