no stopping enforcement

**ploddertom** · 3rd June 2020, 19:28:PM

Tell us all about it then.

**potros85** · 3rd June 2020, 21:50:PM

A pcn was sent to ntk with the charge being 'stopping in a zone where stopping is prohibited' An appeal was made by the driver stating that the sign had said no stopping on red route double yellow lines and there was none of those in the area where the driver stopped and the yellow lines had end prior to that section of the road.
the pcn wasn't issued in a car park but a road with in the area where there are a few car parks for various buisness . The driver did admit by omission that they had stopped briefly (no more then 5 minutes max) by stating the above in the appeal. The appeal was denied and it said that driver in the appeal has admitted to stopping in a no stopping zone so the charge is now payable etc. Further correspondences have been ignored and no further appeals was made. A lbc was received and a sar has been requested. It was believed that that section of land wasn't privately own but infact was an adopted highway payable at the public exspence so the bases of further arguemnts would have been based on that among other things however it has since been confirmed as being a road with mixed responsibilities so my questions are: Can a private company use and enforce a no stopping rule on private land being a parking company? Would this fall under a parking offence or a moving traffic offence and can they enforce a moving traffic offence? And how does that work in line with allowing a grace period that drivers usually get when packing?
Thank you in advanced for any replies

**potros85** · 7th June 2020, 12:19:PM

Hi is anyone able to answer my question please. Thank you x

**ploddertom** · 7th June 2020, 18:36:PM

ostell*

**ostell** · 7th June 2020, 19:17:PM

So was it or was it not a maintained road? What did the signs say?

Suggest you post in the pepipoo forum

**potros85** · 8th June 2020, 15:37:PM

The road was deemed mixed responsibility so some sections are maintained by public expense some sections not the section in question is maintained by the landowner (someone from highways went out to check the site and confirmed this to be the case)although the register states it was public maintained. Attached is a screenshot from Google maps of the sign. Apologise I can't seem to find the pepipoo forum if someone could point me in the right direction please I'd be happy to post there. Thank you for your response.

Attached Files

**ploddertom** · 8th June 2020, 16:22:PM

http://www.pepipoo.com/

**potros85** · 8th June 2020, 16:44:PM

Thank you ploddertom.

**ostell** · 8th June 2020, 17:11:PM

The main thing about this is that the sign is not offering a contract to park and therefore there can be no breach of contract. To claim that there was a contract is perverse

Is this railway or airport?* You need to get a better definition of which bits are adopted.* They cannot operate on adopted roads.

*

**potros85** · 8th June 2020, 21:37:PM

It's neither it's a retail park there are various sides and roads leading to different car parks for shops, McDonald's, travel lodge,football ground and a public house. The section of the road is leading to the public house I've attached some more photos of the lay out from Google maps.

Attached Files

**pt2537** · 9th June 2020, 09:02:AM

Agree with Ostell, that sign is an utter absurdity, so no stopping, what not even if the traffic is backed up lol,

**potros85** · 9th June 2020, 15:51:PM

Could I ask would you would advise going forward with this please. A SAR Has been sent would the driver be best off waiting to see what happens next and wait for information then the court papers and present their argument to the judge? or would they be best off sending in the form to deny the debt with their argument as to why the debt isn't owned to the company to see if it stops court proceedings? Thank you in advanced for any replies.