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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 70280
Experience:  Over 5 years in practice.
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I received a Postal Notification of Parking Charge from

Customer Question

Hi there
I received a Postal Notification of Parking Charge from Parking Control Management for parking on a double yellow at 8:00am precisely. The photo clearly shows me on the double yellow line and I was not in the car at the time.
I was parked in a road that leads to a Business Park and the letter from PCM states that "the driver was parked in a manner whereby the driver agreed to pay a charge: "Parked within a restricted area." - the signage is clear and concise".
There are only signs about the Parking on the white single line which begins around 20 ft in front of where I was parked; it was my understanding that this white line determined where the Business Park restrictions began (they run from 8 until 6).
Should I just pay up and be done with it?
Many thanks
Submitted: 9 months ago.
Category: UK Traffic Law
Expert:  Jo C. replied 9 months ago.

so you are saying the sign was unclear?

Customer: replied 9 months ago.
Hi JoThere is no signage next to the double yellow lines, it begins at the next lamp post after the point where the single white line starts.Thanks
Expert:  Jo C. replied 9 months ago.

Who is the issuer of this fine?

Does it say anything about the council?

Customer: replied 9 months ago.
Hi JoNo, there is no mention of the council on the letter at all.PCM state that the incident took place in a PCM managed parking area and then state the name of the business park.The last sentence also states that 'PCM as agent of the landowner, has right to seek payment for this Parking charge"
Expert:  Jo C. replied 9 months ago.

Ok. Are you willing to risk being sued?

Customer: replied 9 months ago.
Not really. I was concerned that they did not have the right to impose the charge as I was not parked on private property. Admittedly I was on a double yellow line and if this had been issued by a traffic warden, that would appear to be a legitimate charge?
Expert:  Jo C. replied 9 months ago.

Well, you can always bring that challenge.

However, you would have to going to court to argue it. There are no magic wands. There is a risk that they could sue.

If they do so that you would have a defence on the basis that this land is not covered by their ownership and jurisdiction.

That is always supposing that this area is not within their ownership. It may not be. It would not be the first time that a private land fining company was wrong in law.

It depends how much risk you are prepared to take.

Can I clarify anything for you?

Jo

Customer: replied 9 months ago.
No, that's fine, thank you for your help Jo
Expert:  Jo C. replied 9 months ago.

No problem and all the best.

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