What determines a roadway

Grammar_Gambler

Hello, firstly I'm dyslexic and i get overwhelmed with too much information so im very slowly going though the newbies thread. apologies as i need to do this very slowly or i just won't process what's written

i was parked on private land but on a private companies premises. I've received a letter from UKPC saying i have breached the following terms and conditions of parking and it just says parked on roadway 

however I'm several feet away from broken white lines of what i would consider the roadway 

I appealed to UKPC and this was refused this was my message 

To Whom It May Concern,

I am writing to formally dispute the parking invoice issued in relation to my vehicle. Based on the location in question, I believe the notice has been issued in error.

My car was not parked on the roadway itself, but rather several feet behind the white broken lines that denote the give-way area. To support this, I have attached an aerial photograph clearly illustrating the distance between my vehicle and the roadway markings.

I kindly request that this matter be reviewed and the invoice reconsidered in light of the evidence provided.

Yours sincerely,

No signage at the entrance however signage is dotted around the estate. 

So what denotes a roadway ? 

Thank-you in advance for any help and i am really sorry for posting and will continue reading the newbies thread. 

ps im not the registered keeper of the car 

MyRealNameToo

There is no legal definition and they undoubtedly are only covering the private land not the road it's off of. Given the red square is on the road like part of the grounds to access the area of the carpark where vehicles actually park is probably why they've used an americanism and called it a roadway. 

Grammar_Gambler

the red square is where i was parked. people have also had tickets when parked on the roadway well in a lay-by as i would call it, the whole estate is private. thank-you for replying just need to get ready for the next stage with popla i guess 

Coupon-mad

Grammar_Gambler said:

the red square is where i was parked. people have also had tickets when parked on the roadway well in a lay-by as i would call it, the whole estate is private. thank-you for replying just need to get ready for the next stage with popla i guess 

You can try but POPLA won't work unless you get lots of evidence of a lack of entrance sign or t&cs sign that you passed.

No paying the charge of course. All parking cases are potentially winnable if they try a small claim: no cost, no risk, no CCJ and not even a hearing in UKPC cases we assist with.

Gr1pr

If you are not the Registered Keeper of the vehicle,  how did UKPC obtain your details in order to send you a PCN with your name and address on it   ?

Surely UKPC posted the NTK PCN letter to the Registered Keeper,  not you  ?

Half_way

Do not attempt to identify the driver, never use terms like I was/did park, She, Hew, brother, father, or even friend.

From your picture it would appear that where the road surface changes could well be where the boundary between the highway and the private land is.

 Can you post a maps link?

A "roadway" would typically be any area that is used to access an area, in this case from a road in a yet unknown location called Holford way to the car park, it can be privately owned, or publicly owned ( as in the local highways department)

 However this is of little relevance to your issues with the un regulated parking company that just wants to make moeny from you, and it is important not to get hung up on this detail.

So can you provide a map linlk?

And please stop contacting the parking company for now, as the whole UKPC  thing is relying upon you tripping yourself up and saying something that can be turned against you and cause you issues in resolving this - your "appeal" and subsequent posting is putting you down the making it harder to deal with route

James_Poisson

Forget the definition of a "roadway" it all depends on if the land you parked on is private, and the roadway can be privately owned also and thus covered by UKPC's made up to suit their scam rules.

However the issue is to get to where you parked did you pass any signage advising you of this, were there signs stating you would be entering into a contract, and if so were you afforded the opportunity to read, interpret and make a decision on your actions as a result.

From what you have said it would seem not, but what ever you appeal to scammers they have no incentive to accept it any way.

If you try POPLA you need to rely on contract, signage, etc. GSV for this trading estate (which appears to be private up to the main road) is a little out dated but if it still looks as below there is no signage.

But to evidence at POPLA you need dated recent photos to prove your case UKPC usually just send in office undated copies.

https://www.google.com/maps/place/Holford+Way,+Birmingham/@52.5182872,-1.880909,3a,75y,164.49h,67.08t/data=!3m7!1e1!3m5!1sVhm48aLUOupKTk27KFezGQ!2e0!6shttps://streetviewpixels-pa.googleapis.com/v1/thumbnail?cb_client=maps_sv.tactile&w=900&h=600&pitch=22.919048796677117&panoid=Vhm48aLUOupKTk27KFezGQ&yaw=164.49061883488392!7i13312!8i6656!4m6!3m5!1s0x4870a4aa787fe3bb:0xc36693c3d1a37923!8m2!3d52.5194205!4d-1.8842099!16s/g/1tftdrxl?entry=ttu&g_ep=EgoyMDI1MDkxNy4wIKXMDSoASAFQAw==