SIP windscreen PCN - Lockyard Lane - NTD out of time?

[JackD13]

1 Date of the infringement 9/07/19

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]03/09/19

 

3 Date received 11/09/2017

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? Yes

 

5 Is there any photographic evidence of the event? Unsure, none displayed on the letter

 

6 Have you appealed? {y/n?] post up you appeal] No

 

7 Who is the parking company? SIP

 

8. Where exactly [carpark name and town] Lockyard Lane, Manchester

[dx100uk]

so you got a windscreen ticket then?

 

[JackD13]

Apologies, forgot to upload.

 

See attached

[dx100uk]

ticket says 09/07 

that's outside of the 29 - 56 days they had to enforce this under pofa

if you CAREFULLY read the link you filled in for post 1?

[JackD13]

Appreciate you taking the time to look into this for me!

 

Would you recommended i ignore all further correspondence? 

[dx100uk]

SIP rarely get anything correct

[Mrs O'Frog]

Is this a hire/lease car? Timings may be different, plus they are supposed to include other documentation if it is.

[JackD13]

10 hours ago, Mrs O'Frog said:

Is this a hire/lease car? Timings may be different, plus they are supposed to include other documentation if it is.

 

Yeah, this is a company leased vehicle.. The notice to hirer is addressed to my company. 

 

I am waiting to get this returned in my name. Is there any other documentation i should be expecting?

 

Thanks.

[ericsbrother]

so what has happened is SIP have slapped a ticket on the car then applied for the keeper details ( we wont know if they did this in the correct time period as it isnt your car) and the lease co have named you as the driver. SIP have now contacted you in that capacity.

 

Now what we have to consider is does the supposed breach ( parked in a restricted area) match any of the contractual conditions on the sign and are the signs and notices compliant with the law.

 

The answer to both of these is NO.

The signs says no parking or stopping at any time so there was no offer of a contract to park.

 

secondly neither the signage or the paperwork gives any indication of what Trade Association the parking co belongs to.

 

They also failed to send you a copy of the NTK when they have claimed to have done so.

 

So what to do?

 

As they havent offered you a parking contract to breach you cant owe them money.

That wont stop them demanding it and even taking you to court for the same so it all depends on how you want to play things.

 

No point appealing, any company that ignores the law that is inconvenient to them isnt going to be an honest broker elsewhere.

 

My advice would be to ignore them for the moment

 

in the meanwhile find out a little more about the place you parked and get some more pictures of

the entrance to the land - whether it has signs there or not,

pictures of where exactly your vehicle was

any markings or signs thereabouts

pictures of any marked parking areas and their associated signage.

 

Also what kind of land is it?

residential?

commercial?

retail?.

 

now the actual lane appears to be a public highway so ask the council planning or roads dept about the status of it and what the development addresses shuld be as they are off that road.

 

there is no tearing hurry for getting a reply but it is information you will need if you intend to tell them to get lost rather than pay

 

[JackD13]

The land was residential, there seems to be construction work taking place there.

 

I parked there when it was late at night and didn't see the signs as it is a street with poor lighting.

 

More pictures of the area to follow...  

 

So i will pose the following to the council...

 

"Hi,

 

I was just wondering what the status and the development addresses are for Lockyard Lane, M46JN?

 

Thanks,"

 

Forgive me if this is a bit vague, I'll be completely honest, I am unsure of what exactly it is i am asking for. XD

[Gick]

The point is that if it is a road maintainable at public expense, a Private Parking Company has no authority to ticket you.

 

Therefore you are seeking that status.

Edited September 19, 2019 by Gick

[lookinforinfo]

That will work.............................

What you are looking for is whether the Council have given permiision for SIP to erect signs and cameras under the Town and Country [Advertisements] Regulations. Many councils have their planning portal online so there is no need to write at all.

[ericsbrother]

so you ask whetehr that particular place has been adopted as a public highway but you make sure that you get the exact location correct as the Lane is not the same as the roadway in front of the houses in the cul-de-sac

[ericsbrother]

the planning notices themselves arent relevant but being stuck on a council lamppost is as that means it is a public highway amd if that is where you paerked then SIP can get lost.

[dx100uk]

please post your images as one multipage PDF

read upload 

[JackD13]

Hi,

 

Thank you for the info, I used Lockyard Lane as that is the location that SiP stated.

 

I've also been down to the road and got some images to the entrance. I also spotted some council signage on a lamp post by the entrance to the lane, i am unsure if its anything to do with the parking directly. I've uploaded just in case.

 

I also received another notice demanding money.

Also uploaded.

 

Let me know if you have any further questions or need any more information.

 

Thanks,

Jack

 

…………….

 

@ericsbrother

 

What would you recommend me to do next?

 

As mentioned before this is a company car,  and my work has asked that i either pay the fine or contact them directly to appeal. I believe an admin fee is applied to every letter that is sent to the leasing company.

 

Thanks again for your help.

 

Doc1.pdf

[dx100uk]

 

stuff any stupid admin fees

they are unlawful penalties

 

and it is NOT A FINE

so tell you works to jog on.

 

dx