Scooter clamped while parked on pavement adjacent to carpark

[durian]

Hi Durian,

 

In answer to your question you sent to me at motorcycleparking.com I think the key issue here is whether the pavement (footway) forms part of the car park. If it does then any parking, regardless of whether it is in a marked bay or not, would require you to pay and display. If the pavement is not deemed part of the car park then Retail Parking Solutions Ltd should not be able to clamp any vehicle parked on it (that would fall under the durastiction of a Civil Enforcement Officer or a Traffic Warden and would depend upon whether you were in London or not PAVEMENT PARKING / FOOTWAY PARKING / MOTORCYCLES ON PAVEMENTS.

 

On the matter of you not seeing the sign and not knowing whether the pavement was part of the car park, alas this is no excuse in law.

 

My advice is to pursue Retail Parking Solutions Ltd as you are doing but in the meantime try to ascertain from a local CEO whether the pavement in question is enforceable by them, if it is then it's cut and dry that you have been wrongfully clamped.

 

I hope this is of help. Good luck with the appeal.

Will

 

P.S. Sorry about the links, I can't add them properly as I haven't posted five posts yet.

 

Hi Will,

 

I've added the link above for you.

 

Thanks for the reply. I would try to do this but any idea where I can get in touch for the one for Queensway/Bayswater? I actually live in Newham so I was completely oblivious to the threat when I went there.

 

As far as I can remember, there was only one sign at the car park and there wasnt one at the entrance. The moment you turn into the car park, you really need to look up to search for the sign really. I do believe that signage is in fact inadequate.

 

One more thing, the sign does not have be only visible but understandable as well (Vine vs (one borough that I cant remember). So, I would argue that was the way I understood the sign. Car park means "CAR" parks.

 

I was reading the PTW guidelines, and it did mention Pay and Display parking is not suitable for PTWs. Also, the sign does not indicate that it's a private land clearly not in accordance with BPA's guidance. I think they are really rogue car park enforcers.

 

I just found out that my letter has not reached the company. I've kept a copy of the receipt and the letter so will have to resend in the next coupla days.

 

Thanks everyone.

[Motorcycleparking dot com]

Durian, Bayswater and Queensway are both in Westminster so you could direct your question at them. I've sent you a link to their virtual Civil Enforcement Officer (I still haven't posted 5 posts so can't add it here). If you were Notting Hill side of Chepstow Place / Ossington Street then you would have been in Kensington and Chelsea.

[SharpmanTF1]

Look at the firs link on post 20. page 12.

 

Where on the sign does it say how to contact the company to retrieve a vehicle after it has been clamped/removed ?

 

I've looked at the photo posted and I can't see one.

 

Sharpman.

[durian]

Look at the firs link on post 20. page 12.

 

Where on the sign does it say how to contact the company to retrieve a vehicle after it has been clamped/removed ?

 

I've looked at the photo posted and I can't see one.

 

Sharpman.

 

Sharpman

 

Thanks. I do agree with you that they are not entirely in compliance with the guidelines. I do believe as well that there was no other sign than the one in the photo I'd taken.

[durian]

Durian, Bayswater and Queensway are both in Westminster so you could direct your question at them. I've sent you a link to their virtual Civil Enforcement Officer (I still haven't posted 5 posts so can't add it here). If you were Notting Hill side of Chepstow Place / Ossington Street then you would have been in Kensington and Chelsea.

 

Thanks for the link Transport and streets:Ask Ron. I've checked Westminster's list of car park and apparently it's not one of theirs. I've also directed them the question if the pavement is part of their enforcement area.

 

Anyone who has any idea to confirm this jurisdiction is very much welcomed.

 

Thanks!

[durian]

All

 

It seems Royal Mail has lost my mail to the company. I was also at fault coz I thought I had scanned the receipt of all things before sending it off but unfortunately I didnt. I guess I have to rest my case at this point then and surrender to London leechers...

 

Thanks for all your help.