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johnjordan

unadopted private Rd..sign says 'will receive a 'penalty' of £60. - Legal signage?

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Hi,

 

Just a general question, there's no hidden agenda.

 

A private road close to me has a no parking sign at it's entrance stating that anyone parking in the road will receive a 'penalty' of £60.

 

My question is are they allowed to use the word 'penalty'?

 

Thanks

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Hello JJ.

 

Possibly they shouldn't use the word penalty, more knowledgeable people will advise.

 

Could you post up pdf's of the sign/s please? It will help us to advise.

 

HB


Illegitimi non carborundum

 

 

 

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The answer is really going to depend on if it's a proper "private" road (as in unadopted) or whether someone has knocked up a sign because the road only serves a few houses and they've decided that that makes it a "private road".

 

If it's the former (which it sounds like it is) then no, you can't be given a "penalty" charge notice for parking on the road. It'd be interesting to see them try :lol:

 

If it's an adopted road (maintained at public expense) then as long as there's a valid TRO then the council would probably be able to issue a penalty charge depending on the wording on the TRO etc.

 

 

It would be interesting to see the signage, but it sounds like someone might just be getting ideas above their station :wink:


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Thanks for the quick replies.

 

It is a private unadopted road and people going to the local mini supermarket opposite park on it.

 

I'll take a photo but that won't be until next week when I go that way again.

 

Thanks again.

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Then they've got absolutely no chance of ever slapping a penalty charge notice on to anyone's windscreen, they wouldn't even be able to issue a valid parking charge with that signage :lol:

 

I dare say that the sign alone though puts an awful lot of people off from parking in the road, so I suppose that's it's effective even it's complete bunkum :thumb:


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Its like a lot of places around by me. Putting up signs saying they will issue a fine, or theyll clamp you.


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interesting, as they arent offering a contract for parking then yes, any money claimed will be a penalty.

However, it will be an unenforceable unlawful penalty for a number of reasons, the chief ones being it is set out to deter and it isnt an offer of anything so no "performance".

Clearly someone has just wasted a few quid on a sign because unadopted roads may have an owner but generally they also have rights over them that would make it impossible to stop anyone using them without an injunction against that individual so I estimate the total cost of enforcement at around £280 million. A lot of money to spend to get the occasional £60 back

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You mean like this one form a well known hotel chain who employ a comedian to say how well he sleeps in their beds :-)

 

Screenshot_20180220-075425.jpg

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do they have a social media presence? perhaps ypu shopuld ask them how come the POFA doent apply to them and if they know what the penalties are for blackmail under S21 of the Theft Act?

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LOL. Well, can we all come and park there? Go on, can we? :lol:

 

Where to start really. "Penalty", "Fine" and to top it all off, not only were VP Parking Solutions turfed out of the BPA in 2013, the company was also 'Dissolved' the same year. As shown by Companies House.

 

That road would be a free for all for anyone that knew the above :wink:


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It is a fine as well as a penalty

 

It's a LOB, that's what it is :lol:


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Hi

I would think that the sign has been there a while as there is no longer a company called VP Parking Solutions. As mentioned, the sign fails on at least two factors. If you park there for an hour or so and see if you get a ticket, that would be funny.

You never know, one of the residents may have taken it upon themselves to enforce parking which is a no-no.

 

Basically, it is an advert with no meaning.


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