Thread: Scottish Law - Parking on Private Land

Maybe you should seek clarification on what it says on their little yellow envelope; "WARNING - It is an offence for any person other than the driver to remove this notice."

What are they warning you about? and what "offence" (a legal term for criminal activity) are you likely to commit by removing it if you're not the driver?

Clarification on which "little yellow envelope" All hypothetical!

If the Registered Keeper receives a notification from the private company by mail then 'just' maybe a reply from the Registered Keeper will be forthcoming .. until then I think not!

Ah! .. after re-reading your post I think I got the wrong end of the stick :blushes:

Do you mean that the Warning Label suggesting an alleged offence for removal is pivotal in the sense it may very well be an illegal disclaimer?

Cheers

• do not pay
• do not contact them
• ignore their letters, no matter how threatening\
• they will give up and go away
• have a nice Christmas and remember to toast Town and City

Maybe you should seek clarification on what it says on their little yellow envelope; "WARNING - It is an offence for any person other than the driver to remove this notice."

What are they warning you about? and what "offence" (a legal term for criminal activity) are you likely to commit by removing it if you're not the driver?

It's just talking about theft. Anything you own could have a label slapped on it saying "It is an offence for any person other than the owner to remove this notice". Of course, it's real purpose is to attempt to add some legitimacy to their toy town invoice.

can you 'steal' unsolicited junk mail ? i.e. litter

The Civil Enforcement of Parking Contraventions (England) General Regulations 2007 No. 3483

Removal of or interference with a penalty charge notice

11.—(1) A penalty charge notice fixed to a vehicle in accordance with regulation 9(a) shall not be removed or interfered with except by or under the authority of—
(a) the owner or person in charge of the vehicle; or
(b) the enforcement authority.
(2) A person contravening paragraph (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Seems to be a perfectly legal warning (in England). I can't find the Scottish version but assume for the most part identical.

Obviously my skills at digging for info are limited but I happend across Hull CPE Guidance notes.

On Page two and I qoute:

If you decide to do nothing: Then after 56 days of issuing the pcn, under national legislation you are liable for the payment of the charge, even if you are innocent.

FFF , why are posting information relevant only to real council issued PCNs in a thread about a PPC invoice ? those regs have nothing to do with it.

FFF you are falling into the trap that the PPCs want you to fall at; i.e. you are comparing a real council pcn with a PPC car parking INVOICE.

The first is a legal penalty which can be upheld by a court, the 2nd is simply a parking invoice from a company to the driver for using a car park. They dress them up to look the same so that many people actually think they are the same and pay it with no questions asked!

Do not fall for this!

Do not pay
Do not write to them
Do not telephone them

How would this play out though for Councils sub-contracting out to Private Companies as thier agents?

These would still be valid PCNs because they are issued on behalf of the council. They would clearly show the council who is issing it, and refer to the legal TMA that is being applied.

Ok folks information fully digested .. thanks

I just wanted to be fully prepared in the highly unlikely event ignoring the PPC led to civil action.

can you 'steal' unsolicited junk mail ? i.e. litter

Good question.

It's all hypothetical though because no body on earth will ever be prosecuted for stealing a bit of non-PCN/FPN paper on a car!

Town and City are stupid enough to call them penalties anyway:

General - Current vacancies

Car Park Attendant / Marshall

To provide car park management on day-to-day basis by patrolling car park and issuing civil penalties using hand-held computers. Carry-out preventative maintenance on machines and refill with tickets, as required. Keep car park clean and tidy in compliance with H&S regulations. Liaise with contractors relating to cash collection and audit tickets from machines.

You must be able to work using your own initiative and be able to communicate with clients and general public in an effective and courteous manner. The ability to adhere to client instructions and maintain a good relationship is a pre-requisite for all vacancies within Town & City Parking Ltd.

Update ...

Town & City never attempted to make contact.

Thanks to all for the helpful advice

complain to BPA - who will fob you off but complaints need to registered to prove they don't action them. then the DVLA. then your MP. and Trading Standards as not following a trade code of practice is against The Consumer Protection From Unfair Trading Regulations 2008 No.

Will doing so not just help tighten their Voluntary Code of Practise on the back on my investigation (thanks to this site).

I'd like to throw a spanner in the works just for the fun of it but by the same token I'm happy if they continue to make the same mistakes leaving loopholes which we may utilise. Catch my drift

WHAT CAN I DO IF I HAVE A COMPLAINT AGAINST AN ORGANISATION I BELIEVE TO BE A MEMBER OF THE BPA?

Your complaint will be logged in-house and if there is a breach in the BPA’s Code of Practice, the company will be contacted either by phone or in person. We cannot enter into individual correspondence or act on your behalf but each letter or email we receive is taken seriously and any issue of non-compliance is investigated.

AOS membership is required for the electronic links to the DVLA. DVLA insist the CoP is enforced by ATAs (of which the BPA is one) to keep their ATA status. So the BPA insist on members signing up the CoP - because of the DVLA strictures mentioned already. You either sign up or you are not a member. Not voluntary CoP, voluntary membership of the BPA.

Ok understood Would it not be best to contact the DVLA in the first instance?

I base this on the fact some random private company can obtain the registered keepers details (personal information) .. something the average Joe is not privy to.

I really object to private companies having access to personal information without due process. I feel I have recourse with quasi Government Organisations al la DVLA but a pointless excercise tackling private entities such as BPA or their co-horts.

If I choose to tackle the DVLA to whom would I address?

Thanks