Berkley Precinct Parking Fine

[verona 10]

Parking places do form part of the highway and are subject to the road traffic act.For instance it is illegal to park an untaxed or uninsured car in a supermarket car park.If you don't believe this go and park one in Meadowhall car park,it will soon be removed.

 

Sorry but you are so wrong. Parking spaces do not form part of the highway, the lanes leading into and out of the bays do, it not the actual bay itself.

 

With regards to MH, the vehicle would have to be out of the bay to be removed for no tax and with regards to insurance, this would be the same and the driver/owner would also have to be present for no insurance.

[spider1 11]

How could any part of any private land road etc belonging to asda hospitals etc come under the jurisdictiion of highways/ sheff council / police to issue parking tickets is this possible for police to move a car if it has no tax and insurance on it as its private land and i know they cant even put a parking ticket on a car parked there // help confused

 

I thaught asda car park belongs to asda

Edited October 26, 2016 by spider1

[carboy42 10]

I believe its something to do with it having normal access to the general public so the law extends beyond the road onto any private land the public have free access to normally during hours of business.

[alchresearch 215]

It is important to note that references to ‘road’ therefore generally include footpaths, bridleways and cycle tracks, and many roadways and driveways on private land (including many car parks).

 

In most cases, the law will apply to them and there may be additional rules for particular paths or ways.

 

Some serious driving offences, including drink-driving offences, also apply to all public places, for example public car parks.

 

If only that information was in the Highway Code. Oh, it is.....

 

https://www.gov.uk/guidance/the-highway-code/annex-4-the-road-user-and-the-law

[Jeffrey Shaw 90]

But, because the thread is about "Berkley Precinct Parking Fine" and there's no Asda in the vicinity, back on topic...

[ivan edake 13]

I believe its something to do with it having normal access to the general public so the law extends beyond the road onto any private land the public have free access to normally during hours of business.

You are absolutely 100% correct,therefore it does not matter whether or not you are in a parking bay or on access roads in a car park, your car must be fully legal.

[Jeffrey Shaw 90]

You are absolutely 100% correct,therefore it does not matter whether or not you are in a parking bay or on access roads in a car park, your car must be fully legal.

But, in the context of private land, "lawful" is more or less meaningless- a trespasser can be sued but not prosecuted.

[Alcoblog 10]

Bit of advice please …

 

My girlfriend got a parking 'fine' at Berkley Precinct in May 2012 by Vehicle Control Services Ltd. It's a long time ago, but I think she contested it because the parking system was a new thing which she was unaware of, and the signage (on going back to look at it) was about ten foot up in the air in very small writing (I seem to remember VCS had to change it for legal reasons some time later).

 

It was two years later when she next heard from VCS who were harassing her for an extortionate amount of money that she thought she'd heard the last of.

I contacted Kirby lad (used to be on this forum) at Parking Ticket Appeals Services and after a small payment he informed me that the matter was settled and that she should hear no more on the matter.

 

Now (four and a half hassle free years later) she's being harassed by a company called 'bwlegal'(B W Legal) who want £154.00 if paid now, or £263 when it goes to County Court as they are threatening, as well as a lot of the usage of the acronym 'CCJ' in their letter. She's been told it must be paid by 10th November or else.

 

Are these 'Specialists in Legal Recoveries' actually going to do this? Advice please, but not if you're uncertain.

[peak4 282]

Bit of advice please …

 

My girlfriend got a parking 'fine' at Berkley Precinct in May 2012 by Vehicle Control Services Ltd. It's a long time ago, but I think she contested it because the parking system was a new thing which she was unaware of, and the signage (on going back to look at it) was about ten foot up in the air in very small writing (I seem to remember VCS had to change it for legal reasons some time later).

 

It was two years later when she next heard from VCS who were harassing her for an extortionate amount of money that she thought she'd heard the last of.

I contacted Kirby lad (used to be on this forum) at Parking Ticket Appeals Services and after a small payment he informed me that the matter was settled and that she should hear no more on the matter.

 

Now (four and a half hassle free years later) she's being harassed by a company called 'bwlegal'(B W Legal) who want £154.00 if paid now, or £263 when it goes to County Court as they are threatening, as well as a lot of the usage of the acronym 'CCJ' in their letter. She's been told it must be paid by 10th November or else.

 

Are these 'Specialists in Legal Recoveries' actually going to do this? Advice please, but not if you're uncertain.

 

Lots on Pepipoo about this shower,also see Parking Prankster. If you're on Faceache, have a look for "Fight Your Private Parking Invoice" group, though I'd suggest that Pepipoo would be the best one to visit first.

Yes they do use court proceedings, so make sure you're genned up. As this was pre Oct 2012, it was pre-POFA which may alter your approach, though I don't think this outfit rely on POFA, but make an assumption that the keeper was driving (and quote a particular example of case law which doesn't apply as it was criminal law and their case is civil for breach of contract).

N.B. in her original appeal to them, did she admit who was driving? e.g. stating something like "I Parked" rather than "The driver parked"?

Edited November 4, 2016 by peak4

[ivan edake 13]

But, in the context of private land, "lawful" is more or less meaningless- a trespasser can be sued but not prosecuted.

 

The DVLA regularly remove untaxed or uninsured vehicles from Meadowhall and other large shopping malls.Of course the owners may not be prosecuted for the offence of no tax or insurance,I don't know,but their vehicles can be crushed.

[markfor 10]

People who say just ignore are wrong

There was a case in 2015 that changed legal ruling about this

[Jeffrey Shaw 90]

People who say just ignore are wrong

There was a case in 2015 that changed legal ruling about this

Yes- but the point is that a civil (= non-Council) 'Parking Notice' creates no penalty and no criminal offence either. Problems arise chiefly if the claimant actually begins Court Proceedings: failure to defend will inevitably lead to judgment in the claimant's favour.