PCN for Parking on a Public Road - CPM

Seanbont

Hi All.

I've just received a PCN from a company called CPM relating to my vehicle being parked on a public road outside a carpark they manage on Lakeside Drive Newport NP10 8FE.
(I have no intention of paying the PCN or providing the driver details and will appeal via the CPM appeal process)
Their photo shows my vehicle and it is clearly on the public road and is not in the car park. The vehicle did not at any time enter their car park.

For full disclosure my vehicle is parked on a double yellow line but I understood issuing penalties on public roads can only be done by the police/local authority and not a private parking company.

The justification they offer for the PCN is their signage clearly states "No Parking On Access Roads /Roadways". My vehicle is approximately 5- 10 metres from the car park entrance.
As my vehicle did not enter their carpark I did not accept their conditions so its a moot point but I just wondered had anyone else any experience of this sort of behaviour. CPM obviously have their APRN Cameras pointing at the road and I assume have issued notices to others who stopped in the same place.

My first thought is to speak with Newport CC Trading Standards as this is a pretty shady thing to be doing.

In terms of raising such business practice with the IPC (International Parking Community), is this worthwhile? My guess is its not but would be keen to know the views of others who have been through this.

Thanks for any information you can share.
Thanks
Sean

Gr1pr

One big question here is, where is the boundary ? The demarcation line between the public road and the private roadway. ( Nothing to do with any car park. ). The council should be able tell you 

The_Slithy_Tove

From Google Street View, it seems that the whole estate from the roundabout on the A48 is private land. There are no signs telling you that you are entering private land and that parking restrictions are in force (which is to your advantage as an appeal point). But there are signs along the side of the road throughout that estate. You could check with the relevant council where the public highway ends (some councils have online systems showing you which roads are theirs and which are not).

So you will have to take the normal appeal route with the normal challenges of inadequate signage, signs are forbidding (i.e. NO parking), no keeper liability, and so on.

Seanbont

The line you see on the entrance to the car park is a bit faded but the actual boundary is set back approximately a further 3 metres. The public footpath does not fall within private property.

If you look at the photograph you would see a line of paving blocks crossing the tarmac entrance. I would surmise that this is the boundary.

Coupon-mad

I'd ask the local authority whether that road is public highway or private land. Either way, predatory secret camera surveillance like this is illegal under the DPA 2018 (and see the ICO Code of Practice for Surveillance Cameras).

Seanbont

According to the local authority the section of road in question is "not adopted by Newport Council".
I asked specifically about whether the property is private land but they just came back with the not adopted answer.

The map highlights (red) adopted roads. Hence the road not adopted is not highlighted. The ticket was issued where the black dot is. Looking on streetview there are signs alongside the road but nothing obvious that indicates you are on private land. The car park that I didn't enter has lots of signs saying this is private land. If the road/land around is private as well why would they make the distinction so clearly.
I'll go to site next week and take some photographs of the signs ready for the appeal.

Coupon-mad

Prioritise pics of lack of signs. Only one photo of a sign.