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  1. #61

    Default Re: NPN PCN - overstay Un-adopted Rd entrance to old St Edmunds Hosp Northampton

    Is the road a private road or is an unadopted road. There is a very big difference between the two. See HERE. Google for more info on unadopted and private roads.


  2. #62
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    Yes I would say the lines were painted by the council and this was another part of my despute that the road looks like a normal one when you enter it.

    Also the guy who told NPM to take him to court and heard nothing from them for 5 months (last time I saw him), stated this would be part of his defence in court.

    The PCN states unadopted road and the council confirmed this to me.

    The article on unadopted roads states:

    The public usually has the right to freely pass along any unadopted road, which differs from private roads, where only the owner and those with permission can use them.

    It does not say whether or not the owner can charge for parking.

    My Dad has been doing some bedtime reading tonight.
    read the IPC Code of Conduct cover to cover and has noted several NPM breaches and obviously non compliances missed when the IAS have audited them,
    so I think ww will lodge an official complaint and see how many points they clock up.

    A couple are very serious and could lead to their membership being suspended or cancelled IF the IPC deal with these correctly.

    I wish I had known about this document before I submitted my appeal to NPM.
    I dont think they would have wanted this to be escalated as an IAS appeal,
    which is of course managed

    Feeling pleased,
    so a good nights sleep ahead.

    Cannot say anymore here as NPM are probably reading this thread and I don't want them to take any actions before my complaint has even been written.

    This will also make a great story in the local press and bring shame to those concerned.


  3. #63

    Default Re: NPN PCN - overstay Un-adopted Rd entrance to old St Edmunds Hosp Northampton

    Hi.


    Please wait for the experts to comment before you get your hopes up. You are aware that the IAS, IPC and Gladstones are all the same people?


    https://www.consumeractiongroup.co.u...hlight=ipc+ias


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  4. #64

    Default Re: NPN PCN - overstay Un-adopted Rd entrance to old St Edmunds Hosp Northampton

    Quote Originally Posted by parkingbill2018 View Post
    The PCN states unadopted road and the council confirmed this to me.
    As in post 61, the road may now be un-adopted as a highway, but is that part still council property, if so, have they authorised the control of parking on their land.


  5. #65
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    @honeybee

    I certainly am, but from the IPC code of conduct we can be rest assured by this:

    Independent Appeals Service (IAS).
    The Independent Appeals Service is a service administered by the IPC which allows a person aggrieved by the issue of a parking chargeicon Notice to have the matter adjudicated upon by an independent adjudicator. Whilst the IAS is administered by the IPC, the appeals process is provided at ‘arm’s length’. The IPC have no involvement or influence in appeals and are not able to become involved in issues relating to individual parking chargesicon. The Independent Appeals Service is approved by Government under the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015.

    For this reason you have 20% chance of you appeal being successful!!!

    I thought the experts had spoken.

    @Raykay
    As stated it was when I committed the alleged offence. I dont think it will be adopted by the council until the Demetis Centre is completed.


  6. #66

    Default Re: NPN PCN - overstay Un-adopted Rd entrance to old St Edmunds Hosp Northampton

    Un-adopted as a highway, but it is who owns the land it that is relevant, does the landowner (still the council?) have a contract with the parking company to control parking.

    the IPC, the IAS and Gladstone Solicitors are all the same people, so don't expect any result except 'appeal denied, pay up'.


  7. #67
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    There is no contract between the Council and NPM to control parking.
    There is a contract between the site owner and developer and NPM to control the parking.

    I finally had this confirmed by them.
    NPM failed to prove this even to the IAS.
    They said they uploaded the Authority letter,
    but did not.


  8. #68

    Default Re: NPN PCN - overstay Un-adopted Rd entrance to old St Edmunds Hosp Northampton

    They may have a contract,
    but does that contract include the part of the road that you were parked on,
    or has that part of the road just been un-adopted as a highway by the council,
    but still owned by them?


  9. #69
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    Default Re: NPN PCN - overstay Un-adopted Rd entrance to old St Edmunds Hosp Northampton

    Here is the plan & email from the Highways. I have put your questions to them. I think they mean their green is their control!

    Attached Images Attached Images
    Attached Files Attached Files

  10. #70

    Default Re: NPN PCN - overstay Un-adopted Rd entrance to old St Edmunds Hosp Northampton

    That plan shows the adopted highway, which shows that where you parked is not adopted, you need to establish who is the owner of that the part of the road, and have they a contract with the parking company. Don't accept anything from the IPC, the IAS, Gladstone solicitors, the parking company etc. unless it is confirmed in writing.


  11. #71
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    It does indeed confirm the road is unadopted.
    When I have answers to your questions I will post them here.


  12. #72
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    Default Re: NPN PCN - overstay Un-adopted Rd entrance to old St Edmunds Hosp Northampton

    The Landowner/Developer has confirmed the NPM parking control area includes the unadopted road where I was parked. Just waiting to hear from highways to find out who owns this land (of the unadopted road).


  13. #73

    Default Re: NPN PCN - overstay Un-adopted Rd entrance to old St Edmunds Hosp Northampton

    so who did the paint job on the junction onto Wellingborough RDicon?
    If the council then they have adopted it using the criteria of Dawood.

    You are asking questions of people the wrong way about so if you ask someone if they have a contract with x and they say yes it is easy for them, if you say that

    can they prove the contract they have also applies to the public highway and thus they will be liable for any breach of the GDPRicon as a result of that contract they will undoubtedly want to deny such an agreement exists.

    The other thing is that the developer may well not be the landowner,
    it is common for companies to buy land and get PP and then sell on to another party at a vast profit because they cant actually develop the place themselves.

    the handover usually takes place after the building has gone up and the builders arent the landowners either so this menas the parking co often dont have an agreement with anyone who actually has any rights at that stage.

    You need to look at tehe planning applicationa and permission for the site and the ask council or Valuations agency who actually owns the land.

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  14. #74
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    The GDPRicon was adopted on 14 April 2016, and became enforceable beginning 25 May 2018.
    My alleged offence was before that.
    I have all the planning documents for the site.
    I'll see if any mention about ownership of the land.
    No reply yet from the Highways.

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  15. #75
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    Default Re: NPN PCN - overstay Un-adopted Rd entrance to old St Edmunds Hosp Northampton

    Just had the following reply from the Highways, Northampton:

    The highway status of a road can be checked by using our interactive mapping service (link below);
    http://www.northamptonshire.gov.uk/e...s/mapping.aspx

    To turn on the relevant layer you will need to open the following check boxes;
    ADD FEATURE/ PLACE > TRANSPORT AND STREETS > HIGHWAY REGISTER

    The mapping shows that the road is still unadopted. The developer owns the land and it likely them that have instructed a company to manage the parking.

    I trust this explains the current position.

    So the Developer own the road and the Developer has confirmed that they have instructed NPM to control the parking on the site including this road

    Attached Images Attached Images

  16. #76

    Default Re: NPN PCN - overstay Un-adopted Rd entrance to old St Edmunds Hosp Northampton

    It is not the status of the road that you need to establish, it is the actual owner. On the plan in your last post, the boundary of the road appears to be separate from the old hospital site, so the owner of the development site may or not be the owner of the road, you need to establish who actually owns it. As in earlier posts, the sign is a prohibition, and only the landowner themselves can take action for trespass (not a private parking company). It is a completely different situation to a private parking company controlling a car park etc, where they claim for breach of contract for failing to comply with their conditions.


  17. #77
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    Default Re: NPN PCN - overstay Un-adopted Rd entrance to old St Edmunds Hosp Northampton

    The boundry of the road was highlighted by myself in green to show which road is owned by the developer and is unadopted.

    Here it is again as it was received and as can be seen on the Highways website.

    So the developer can take action for trespass and NPM the car parking, providing they adhere to the IPC code of conduct, which they are not doing so in more ways than one!!!!

    Attached Images Attached Images

  18. #78

    Default Re: NPN PCN - overstay Un-adopted Rd entrance to old St Edmunds Hosp Northampton

    Only if the developer is the actual owner of the road, they can take action for trespass. The private parking company cannot take any action because there is no permitted car parking for them control.


  19. #79
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    No permitted parking to control?

    There is no parking or if you park £100 charge,
    if motorist were aware of this,
    which most are not because the signs are not clear,
    especially after dark.

    And i was mentioned about a 10 minute grace period and most shoppers do not stay more than 10 minutes and NPM take their photos as soon as the driver is out of sight (entered the store)!

    Is it worth wasting more time making a complaint to the IPC about all the codes of conduct NPM have broken?


  20. #80

    Default Re: NPN PCN - overstay Un-adopted Rd entrance to old St Edmunds Hosp Northampton

    so you've seen the signed contract?
    a PPC cannot charge you for trespassing...

    IPC are gladstones anyway...

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