I thought a Parking Fine was a Civil matter?

thetrout

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Posts: 2612

I thought a Parking Fine was a Civil matter?

« on: March 21, 2014, 20:34:41 »

At Yeovil Junction earlier this week I came across this sign:

A few queries here:

Wasn't Wheelclamping on private land made illegal?
The line "May result in prosecution" - Parking Fines have always been a Civil Matter as far as I'm aware; Especially with Private Parking Companies (PPC's)
Which Byelaw covers Railway Parking?

Similar to this sign in Waitrose Warminster with similar wording: "May result in a charge of ^70.00"

My emphasis in Bold from both pictures. That word "May" is incredibly insidious... As it also May NOT happen Roll Eyes

*Edited to add: I tweeted the above picture to Waitrose asking if a ^70 charge also may not apply... They did not respond... That may an admission in itself... Grin


« Last Edit: March 21, 2014, 20:41:18 by thetrout »	Logged

bobm

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Re: I thought a Parking Fine was a Civil matter?

« Reply #1 on: March 21, 2014, 20:46:50 »

Railway Byelaw 14

Quote

14. Traffic signs, causing obstructions and parking
(1) No person in charge of any motor vehicle, bicycle or other conveyance shall use it on any part of the railway in contravention of any traffic sign.
(2) No person in charge of any motor vehicle, bicycle or other conveyance shall leave or place it on any part of the railway:
(i) in any manner or place where it may cause an
obstruction or hindrance to an Operator or any person using the railway; or
(ii) otherwise than in accordance with any instructions issued by or on behalf of an Operator or an authorised person.
(3) No person in charge of any motor vehicle, bicycle or other conveyance shall park it on any part of the railway where charges are made for parking by an Operator or an authorised person without paying the appropriate charge at the appropriate time in accordance with instructions given by an Operator or an authorised person at that place.
(4) In England and Wales
(i)The owner of any motor vehicle, bicycle or other conveyance used, left or placed in breach of Byelaw 14(1) to 14(3) may be liable to pay a penalty as displayed in that area.
(ii)Without prejudice to Byelaw 14(4)(i), any motor vehicle, bicycle or other conveyance used, left or placed in breach of Byelaw 14(1) to 14(3) may be clamped, removed, and stored, by or under the direction of an Operator or authorised person.
(iii)The owner of the motor vehicle, bicycle or other conveyance shall be liable to an Operator or an authorised person for the costs incurred in clamping, removing and storing it provided that there is in that area a notice advising that any vehicle parked contrary to these Byelaws may be clamped, removed and stored by an Operator or an authorised person and that the costs incurred by an Operator or an authorised person for
this may be recovered from the vehicle^s owner.
(iv) The power of clamping and removal provided in Byelaw
14(4)(ii) above shall not be exercisable in any area where passenger parking is permitted unless there is on display in that area a notice advising that any vehicle parked contrary to these Byelaws may be clamped and/or removed by an Operator or an authorised person.
(5) In Scotland
Any motor vehicle, bicycle or other conveyance used, left or placed in breach of this Byelaw in Scotland may be removed by or under the direction of a constable.


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SDS

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Badgerline

Re: I thought a Parking Fine was a Civil matter?

« Reply #2 on: March 21, 2014, 23:17:09 »

Parking on railway land, and it has to be designated railway land (good luck proving it isn't) is covered by railway bylaw 14. There does have to be signage to state the operator is relying on bylaw 14.

Parking on private property eg Tesco, waitrose is civil and in essence any PCN is an invoice for payment.

However certain things have to be stated on any parking notice regardless of if it's civil or railway and NCP regularly fail to follow this on their notices.

Www.pepipoo.com


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I do not work for FGW^▸ and posts should not be assumed and do not imply they are statements, unless explicitly stated that they are, from any TOC^▸ including First Great Western.

Network SouthEast

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Posts: 492

Re: I thought a Parking Fine was a Civil matter?

« Reply #3 on: March 22, 2014, 10:22:16 »

Quote from: SDS on March 21, 2014, 23:17:09

Not quite. You only need to refer to the fact the parking byelaw is being enforced, not specifically that it is byelaw 14.


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