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Private parking ticket while parked on public road opposite private car park

Hi guys.

I've read the sticky, but can't find an answer to this specifically. Apologies if it's been covered.

There's a road on an industrial estate that has lots of private parking spaces on it, with adequate signage. I parked on an empty area of the road (i.e. public land) and got a yellow ticket on the windscreen from a private company.

I have "appealed" it using their online appeals process.

The conversation so far:

ME:
Hi there.
Please could you provide a photo of my car in the area that I was not allowed to park in?
I am sure I parked it in an unmarked, unrestricted area of road.
While there are parking spaces along the road that are marked with signage, the area I parked on was not one of those spaces - I made a point to check at the time of parking. There was no visible signage relating the area I parked in.
Looking forward to your response, kind regards,


THEM:
Thank you for your representation you made on receiving a Parking Charge Notice with the above reference number.

We have considered everything on your letter including any evidence enclosed but do not feel that you have made grounds for cancelling the Parking Charge Notice and as such payment remains due.

Your vehicle was parked on our client’s property which is private land, in a PERMIT HOLDERS ONLY car park with NO VALID PERMIT DISPLAYED. More evidence can be viewed online by visiting

We are fully compliant with British Parking Association regulations on signage, and confirm that there is adequate signage at this site that is visible, appropriately located, clear and legible, so the Parking Charge Notice is fully enforceable. There are adequate warning signs mounted prominently in the car park. It is the motorist’s responsibility to ensure all signage is checked and understood before a vehicle is parked.
There is a high demand for parking spaces in the area and to ensure that as much space as possible is made available for the use of the permit holders, any vehicle parked in a bay without a valid permit displayed may have enforcement action taken.
If you have already made payment for your parking charge notice, please ignore the below:

You now have a number of options;
Pay the Parking Charge Notice online at or by calling our 24 hour payment line on 0330 008 0454 or payment can be made by posting a cheque made payable to Spring Parking Ltd. and sent to the above address. Please quote your ‘Parking Charge Notice’ Number and your vehicle registration number on the reverse.
Make an appeal to POPLA within 28 days by going online and completing the form at Please be advised that if you opt for independent arbitration of your case, the Parking Charge Notice will be charged in full at £95.00. Your POPLA reference number is . By law we are also required to inform you that Ombudsman Services provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above. Please do not make a payment if you will be appealing through POPLA.
If you choose to do nothing, we will seek to recover the monies owed to us via our debt recovery procedures and may proceed with Court action against you. This may incur additional costs.


ME:
Hi there.

I have looked at the photos.

In response to your "Your vehicle was parked on our client’s property which is private land, in a PERMIT HOLDERS ONLY car park." I'm afraid you're wrong there - you can see in the photos that i'm parked in the road.

The signage itself is actually on a row of industrial units which have their own parking spaces. The sign is above said parking spaces.

My car was across the road, parked on the road, not in one of the spaces, and everything you've mentioned below applies to the car park, not to the road. The photos do not show where my car is in reference to the sign anyway, so this is no evidence of anything.

The road is not private land, and as you are a company, please could you explain what right you have to issue the fine. I am sure you're aware that only the council can issue parking fines for parking on a public road.

Hopefully you agree and will respond with your acceptance of my point and cancellation of the fine.

Looking forward to your response, kind regards,


THEM:
Thank you for your email the area is sign posted Authorised vehicles only with a valid permit displayed. If you choose to do nothing, we will seek to recover the monies owed to us via our debt recovery procedures and may proceed with Court action against you. This may incur additional costs.


...

Am I best just ignoring it here?

I'm not remotely scared of court proceedings, given the photos show no trace of this "private car park," so i'm temped to call their bluff and tell them I look forward to seeing them in court, but I'm not sure it's the sensible thing to do.

Any advice would be great.

Thanks,
Felix
«1

Comments

  • waamo
    waamo Posts: 10,298 Forumite
    First Post First Anniversary Name Dropper
    If you have a POPLA code use it. Have you read the thread that tells Newbies to read it first? It doesn't sound like it.
  • KeithP
    KeithP Posts: 37,556 Forumite
    Name Dropper First Post First Anniversary
    Your best approach is to submit a POPLA appeal.

    There is good guidance on how to do that in post #3 of the NEWBIES FAQ sticky thread.

    Disappointing to see that you have already given away the driver's identity.

    Here are your chances of court:
    http://www.parkingappeals.info/companydata/Spring_Parking.html
  • Half_way
    Half_way Posts: 7,046 Forumite
    First Anniversary Name Dropper First Post
    too late now, but all your talk of "I Parked" should be "the vehicle was parked"
    with the only reference to "I" being as the registered keeper.
    who's car park do they think your vehicle parked in?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Fruitcake
    Fruitcake Posts: 58,222 Forumite
    Name Dropper Photogenic First Anniversary First Post
    Have you checked with the council whether this is a public or private road?

    The answer is very important.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Fefelarue
    Fefelarue Posts: 5 Forumite
    waamo wrote: »
    If you have a POPLA code use it. Have you read the thread that tells Newbies to read it first? It doesn't sound like it.

    I didn't know if it was relevant or not, given that it's not public land, and popla relates to private land appeals
  • Fefelarue
    Fefelarue Posts: 5 Forumite
    KeithP wrote: »
    Your best approach is to submit a POPLA appeal.

    There is good guidance on how to do that in post #3 of the NEWBIES FAQ sticky thread.

    Disappointing to see that you have already given away the driver's identity.

    Here are your chances of court:

    Thanks. As above I wasn't sure if it was relevant given that it's actually not private land
    Half_way wrote: »
    too late now, but all your talk of "I Parked" should be "the vehicle was parked"
    with the only reference to "I" being as the registered keeper.
    who's car park do they think your vehicle parked in?

    thanks, good point for next time
    Fruitcake wrote: »
    Have you checked with the council whether this is a public or private road?

    The answer is very important.

    I know the road well, and have walked down it since and there's not a single "private road" sign, so i made the assumption. There is also an entrance to a railway station on it, so it's massively unlikely.

    Is there an easy way to double check though?
  • Fruitcake
    Fruitcake Posts: 58,222 Forumite
    Name Dropper Photogenic First Anniversary First Post
    Fefelarue wrote: »
    I didn't know if it was relevant or not, given that it's not public land, and popla relates to private land appeals

    The PCN is for an alleged event on private land, so you use PoPLA. One of your appeal points will be that the land where the vehicle was parked was not relevant land, assuming you have proof of that.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Fruitcake
    Fruitcake Posts: 58,222 Forumite
    Name Dropper Photogenic First Anniversary First Post
    Fefelarue wrote: »
    Thanks. As above I wasn't sure if it was relevant given that it's actually not private land



    thanks, good point for next time



    I know the road well, and have walked down it since and there's not a single "private road" sign, so i made the assumption. There is also an entrance to a railway station on it, so it's massively unlikely.

    Is there an easy way to double check though?

    You need to get proof of whether it is private or public land. This is absolutely imperative.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • waamo
    waamo Posts: 10,298 Forumite
    First Post First Anniversary Name Dropper
    You can check with the local council who owns it. Don't assume. It can bite you on the bum.
  • Fefelarue
    Fefelarue Posts: 5 Forumite
    Wow, you guys have saved my !!! here, I have checked and it IS a private road. I am shocked because there's no signage, and it's used by hundreds of people every day to walk to the fairly busy station on it. That will teach me to assume stuff.

    That being said, the parking signage is still only above the parking spaces, so I will argue improper signage through the POPLA process.

    Have I f***ed it up by appealing something different (i.e. it being a public road) in my emails to them? Or can I still appeal to POPLA for a different reason (inadequate/unclear signage)?

    Thanks for everyone's replies so far
This discussion has been closed.
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