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Private PCN on Public Highway, CPM issuing tickets on public highway
tomthebomb1
post Sat, 21 Nov 2020 - 13:37
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Hi all, newcomer so please be gentle!

I've 'encountered' a couple of private PCNs from CPM to the RK (not me) for parking on what appears to be a public highway.

I've checked the road in question with an FOI request to the council from 2015 and it's down as 'publicly maintained' for 20+ years.

I've also checked FindMyStreet.co.uk and it's also showing as 'Maintainable at public expense' by the 'Local Highway Authority'

All these seem to suggest CPM are issuing PCNs on the public highway - however, a couple of questions before I tell them where to go:-

1. Could the road in question have become 'private' since the (dated) FOI request (e.g. de-adopted?, if that's a thing)?

2. Is it likely FindMyStreet.co.uk have got it wrong (they claim to update monthly)?

3. I assume that if the council have subcontracted parking enforcement on this road to CPM then the PCN would be issued under the council's name - is that correct?

I've already raised an FOI with the council for clarification, but they've advised it may be 30+ days to respond because of the corona.

I have the road USRN if anyone wishes to PM me.

Using the wisdom of you good folks I intend on asking the RK to give them a good grilling (without identifying the poor driver) and if they refuse to back down go down the route of 'cease and desist', harassment, etc.

Thanks all.

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post Sat, 21 Nov 2020 - 13:37
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TMC Towcester
post Sat, 21 Nov 2020 - 14:08
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Howsabout telling us where it is!!!
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Half_way
post Sat, 21 Nov 2020 - 14:23
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Where is this?

Who are CPM acting for, is there a private car park near by?
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tomthebomb1
post Sat, 21 Nov 2020 - 16:31
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QUOTE (TMC Towcester @ Sat, 21 Nov 2020 - 14:08) *
Howsabout telling us where it is!!!


Hi folks,

The road is East Parkside, SE10.

Google Maps link:
https://www.google.com/maps/@51.4988642,0.0...6384!8i8192

It looks like the right side of the road (i.e. beyond the drainage) is where the public/private demarcation is, rest assured any alleged parking was on the left by the hoarding.

There's also an entrance further up on the right to a private car park (the one managed by CPM presumably)

Off-topic, but the method of ticketing used really makes by blood boil - it's essentially a bloke in a car slowly driving and taking pictures on a phone - legal stuff aside, just plain dangerous.

Thanks

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ostell
post Sat, 21 Nov 2020 - 18:00
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Many councils maintain a list online about the status of their roads, perhaps a check there?

Can you get a close up photo of the signs
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Jlc
post Sat, 21 Nov 2020 - 19:51
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Definitely get onto Greenwich Council. A birdie tells me that they have had conversations with CPM about the land they have issued tickets on...


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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tomthebomb1
post Sat, 21 Nov 2020 - 21:28
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QUOTE (ostell @ Sat, 21 Nov 2020 - 18:00) *
Many councils maintain a list online about the status of their roads, perhaps a check there?

Can you get a close up photo of the signs



QUOTE (Jlc @ Sat, 21 Nov 2020 - 19:51) *
Definitely get onto Greenwich Council. A birdie tells me that they have had conversations with CPM about the land they have issued tickets on...


Thanks both.

I've found an FOI release detailing the road as maintained at public expense, but it's from 2015 so might possibly be 'out-of-date'

I've already fired off my own FOI to the Council to work out if that's still the case - @Jlc, thanks for your input, duly noted and as soon as I get the confirmation from the Council I'll play the long game (if were enforceable, signs etc completely inadequate anyway)

Something along the lines of:-

1. Notify there is no authority to manage/public highway, etc and remind not to harass;
2. SAR for RK;
3. Exercise Right to Erasure/Right to be Forgotten under DPA/GDPR;
4. Notify Council in the hope they will have stern words;

Thanks.
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yen_powell
post Sun, 22 Nov 2020 - 21:08
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If that is public highway then those road humps are illegal, the zebra crossing posts and their associated tactile paving are incorrect and I think that a 5mph speed limit is also not allowed.
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The Rookie
post Mon, 23 Nov 2020 - 07:40
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Its laid out as if its a private road and there is a warning sign on the entrance, as above the 5mph limit and crossings are all non compliant and unlikely to be council.
2020 photo datestamped
https://www.google.com/maps/@51.4995285,0.0...6384!8i8192

The 2018 entry point looks council though
https://www.google.com/maps/@51.4993208,0.0...3312!8i6656

Although how the camera car got in in 2020 without 'snapping' any other roads I don't know!


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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