Jump to content


  • Tweets

  • Posts

    • please answer the following questions.   1 Date of the infringement- 21/06/19   2 Date on the NTK [this must have been received within 14 days from the 'offence' date]- 12/07/19   3 Date received 15/07/19   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? N I can't see it   5 Is there any photographic evidence of the event? Yes a ANPR Camera showing arrival and exit but separate parking machine in car park not at gates    6 Have you appealed? Y Post up your appeal] I am waiting for a copy of my appeal but I have other emails sent i can send  Have you had a response? Y. Email was never sent as they stated on 29th July. Finally got the notice of regection sent by email on 3rd Oct.    7 Who is the parking company? National Car Parks Limited owned by Park24.co   8. Where exactly [carpark name and town] NCP, Terrace Road, Bournemouth    For either option, does it say which appeals body they operate under. Not on the letter but found on line its BPA   There are two official bodies, the BPA and the IAS. If you are unsure, BPA please check HERE   If you have received any other correspondence, please mention it here   in either case scan up bothsides of any letters/tickets in or appeals made out to ONE MULTIPAGE PDF ONL
    • Not much point in appealing. You paid for 4 hours and stayed for an extra 45 minutes. Goes to show what a bunch of crooks you are dealing with when you first appealed they delayed their response until you came liable for the higher charge and they wouldn't reduce that sum. From now on just ignore everything you get from NCP  and their unregulated debt collectors (birds of a feather). They will try to frighten you with increased costs  that you can safely ignore. In the  meantime please complete the questions asked by dx above and post up any PCNs so we can see if they got them right. Also we need to see their signs in the car park especially the one at the entrance; any that are different from the others and the T and Cs on the ticket machine. Before posting the PCNs please delete your name and reg. number plus anything else that might identify yourself.  
    • Don't forget ... the attorney general (Cox) who apparently advised 'misleading the Queen, Parliament and the British people as ' sounds good to me .. actually said they could ..   He doesn’t much like the idea of staying in the European customs union But said he would be willing to accept one if it would secure the goal of getting Britain out of the EU.    BUT He followed with “If we decided (meaningless distracting time suggestion) that we wanted to review our membership of any such customs union if we signed it – and I'm not saying we will – that's a matter for negotiation and discussion,”
    • Thanks dx   I have emailed the business and I have requested a refund on the form provided by them.   I have noticed on Saga.co.uk there is an article referring to the same website and a paragraph from another motorist who also received PCN for same journey at around same time as us.  'At the end of November 2018 I was travelling on the M 25 over the Dartford Bridge and returning the next day. So I went online the night before and thought I had paid for a return journey at a cost of £12. My Tesco MasterCard shows a payment of £12 to “DartfordCrossingCharge Bristol 000“. I have now had to pay £70 fine plus the correct charge of £5 because the official site did not get my money. There must be so many people being tricked by this false website , sowhy can it not be taken down? The Dart Crossing company isn’t interested. Perhaps because they are also making money from the [problem] every time someone like me makes a mistake?'
    • Hopefully a ditch will be a place of pilgrimage and historic national importance in the UK shortly ...   Off out with a shovel to pick a good spot and dig a trench by the side of the road about half way back from the local watering holes as an offering   ... Pick a good spot where I might get caught short on the way back every Friday night
  • Our picks

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2505 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I ride to work on a motorbike. This is my choice due to the volume of traffic I encounter on my daily commute. Now that the weather is doing its cold thing, the car park at work has become an ice rink. The car park has no public access. There is a small amount of gritting which is predominantly on footpaths. However, the main car park is left untouched and dangerous in a car, never mind on a bike. It is necessary to cross the car park to access other parts of the facility and people need to get from their cars to these gritted areas on untreated ground.

 

I know that places of work have a duty of care to their employees, but I am not an employee; I am a long term on-site contractor (if that makes any difference). I have contacted the H&S dept to highlight my concerns, but I've been knocked back with statements along the lines that they are doing employees a favour by gritting the areas that they do. I was also informed that I have a care of duty to myself and that I should not come to work on a motorbike on such days!

 

I will point out that this is not a small company and that the gritting is done as an apparent favour by Security which is not part of their T&C which suggests to me that this company doesn’t have a proper strategy for dealing with the icy conditions.

 

So, to my point. If I was now to slip off my bike whilst on-site, who would be liable now that I have bought this issue to their attention? I ask because I feel that there is a very real possibility of it happening and I want to know my legal position.

Share this post


Link to post
Share on other sites
I ride to work on a motorbike. This is my choice due to the volume of traffic I encounter on my daily commute. Now that the weather is doing its cold thing, the car park at work has become an ice rink. The car park has no public access. There is a small amount of gritting which is predominantly on footpaths. However, the main car park is left untouched and dangerous in a car, never mind on a bike. It is necessary to cross the car park to access other parts of the facility and people need to get from their cars to these gritted areas on untreated ground.

 

I know that places of work have a duty of care to their employees, but I am not an employee; I am a long term on-site contractor (if that makes any difference). I have contacted the H&S dept to highlight my concerns, but I've been knocked back with statements along the lines that they are doing employees a favour by gritting the areas that they do. I was also informed that I have a care of duty to myself and that I should not come to work on a motorbike on such days!

 

I will point out that this is not a small company and that the gritting is done as an apparent favour by Security which is not part of their T&C which suggests to me that this company doesn’t have a proper strategy for dealing with the icy conditions.

 

So, to my point. If I was now to slip off my bike whilst on-site, who would be liable now that I have bought this issue to their attention? I ask because I feel that there is a very real possibility of it happening and I want to know my legal position.

 

It doesn't matter if you are a 'direct' employee of that company or not. They are liable for any accident that happens on their property. Its the same if my postman slippled on the path inside my property, I am liable.

These company's have liability insurance to cover accidents etc on their property and they are responsible. How dare they tell you how you should transport yourself to your employment! Its good you have bought the icy car park to their attention, and they should make sure that anyone on their premises are safe, no matter what and no matter who. If you have an accident due to them not keeping their premises safe i.e inside their building and outside their building but on their land, they are liable.

Share this post


Link to post
Share on other sites

Agree with Binary 1 up to a point.

The person most responsable for your health and safety is YOU!

and if you know the CP is going to be icy then DONT use it.

I doubt you would be succesful with any claim as you would be aware of the conditions.

Best to try and negotiate with them to find another safer parking space or route.

Share this post


Link to post
Share on other sites
Agree with Binary 1 up to a point.

The person most responsable for your health and safety is YOU!

and if you know the CP is going to be icy then DONT use it.

I doubt you would be succesful with any claim as you would be aware of the conditions.

Best to try and negotiate with them to find another safer parking space or route.

 

Thats crazy! They have a car park for staff to park in so they should make sure its safe. So does that mean for the whole of the winter all the staff are not to use the car park & find somewhere else to park because the employer's H&S dept don't want to take precautions to keep staff safe? If the employer knows the car park is unsafe & don't want to make it safe they should close it. The employer are responsible for any accidents that happen on their property. The OP drew to their attention the car park is icy so they should do something about it.. If he or any other member of staff slip over in that car park its their fault for not taking action after the problem was reported, not his fault for using the car park as a car park. He would be entitled to make an accident claim against them if he hurt himself on their premises.

Share this post


Link to post
Share on other sites
. He would be entitled to make an accident claim against them if he hurt himself on their premises.
Whilst this is undoubtedly true , there's a great deal of difference between making a claim and winning one.

Share this post


Link to post
Share on other sites

As a motorcyclist you have a particular responsibility for your own safety that goes above and beyond that of any other road (pavement or car park) user.

 

As one myself, I would turn this in to an opportunity to learn how to negotiate ice on a bike. It is possible if done gently enough.

 

This may sound patronising to non bikers out there but I hope those that are (including you) can see my point.

Share this post


Link to post
Share on other sites

It would be absolutely stupid to use an area that you know is unsafe for whatever reason!

making it safe is where the problem lies.

Share this post


Link to post
Share on other sites
As a motorcyclist you have a particular responsibility for your own safety that goes above and beyond that of any other road (pavement or car park) user.

 

As one myself, I would turn this in to an opportunity to learn how to negotiate ice on a bike. It is possible if done gently enough.

 

This may sound patronising to non bikers out there but I hope those that are (including you) can see my point.

 

 

Actually it sounds patronising to bikers as well

 

I've been riding since I was 16 on the road and before that off road (now 48), I ride every day and the only thing that stops me is ice, I rode in this morning (Essex) in the snow but may not ride in tomorrow if it freezes overnight

 

There is no way without spiked tyres and and a suitable off road machine that anyone can ride on ice and anyway, perhaps the OP does not have the funds to make repairs or medical cover to fund 'an opportunity to learn how to negotiate ice' as you suggest

 

However none of that is relevant as the OP simply wants to know what the employer or more importantly land owner's responsibility is towards their car park safety.

 

This should be straightforward enough - once the landowner/car park operator/etc has been made aware of a risk they are liable for any accidents that occur directly as a result of the known risk irrespective of the status of the claiment as a member of the public (if considered public access), employee or contractor or anyone invited or expected to come on to the land and use the facilities provided for that purpose

 

My advice is put it in writing to the car park operator and land owner and then hold them responsibile if they take no action and you have an accident.

Share this post


Link to post
Share on other sites

Now that realy is silly, if you know it is icy or slippery and you still use it,why is it is somebody elses fault?

agreed if you are unaware of it, as a casual visitor and there no warning signs then yes maybe have a case.

Try suing the council if you have an accident on an icy side road.

If as you state in last paragreph you tell them it is slippery and then proceed to go on it and have an accident, you will get nowhere!

you have just told them it is slippery and dangerous and then go on it!!! wheres your common sense; if it is slippery dont use it!!!!

or are iinto nto the claim culture.look after you safety first.

Share this post


Link to post
Share on other sites

there is no obligation for the employer to clear the carpark of ice. if the employer decides to clean the carpark of ice then they could be opening themselves up for claims of liability, eg- if they didnt do a good enough job, or if they only cleared a certain area.

 

ice is an act of god. if you are looking to blame someone other than yourself for a potential accident on ice then you could consider making a claim against god! or nature.

Share this post


Link to post
Share on other sites
. ice is an act of god.

 

Fortunately your God has no place in UK law, my advice to the OP is to ignore the whole of your post as it is completely incorrect.

Share this post


Link to post
Share on other sites
Fortunately your God has no place in UK law, my advice to the OP is to ignore the whole of your post as it is completely incorrect.

 

Hello Homer67, Thanks for your opinion - which I also consider to be incorrect.

 

God has a place in UK law. Like it or not... 'An act of God' is a legal term.

Share this post


Link to post
Share on other sites
Fortunately your God has no place in UK law

 

Really? So witnesses never make an oath starting with: "I swear by Almighty God...."?

Share this post


Link to post
Share on other sites

Off topic, but you dont have to swear by god in court, you can just affirm to tell truth! ( no bible involved )

Share this post


Link to post
Share on other sites

Really? So witnesses never make an oath starting with: "I swear by Almighty God...."?

 

Not if your religion does not recognise a single God or if you have no religion and anyway, other than being a procedure to follow what does swearing on 'an almighty God' mean anyway - because no one lies in court do they...

Edited by Homer67
include quote

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...