Byelaw parking tickets are usually issued by Private Parking Companies (PPCs) that manage locations such as airports, ports and railway stations. These locations likely have local byelaws that cover a variety of matters such as traffic management and parking. Therefore, if there are any byelaw breaches at these locations, they can issue penalties for them.
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Normal PCN vs Byelaw PCN
Normal private Parking Charge Notices breaches are enforced in civil court due to them being based on contract law. However, if a byelaw is breached, this would be enforced by a magistrates court. This means the penalty will go to the government and not the PPC or land owner. Enforcing byelaw parking tickets is not profitable.
How Does A Private Parking Company Get My Details?
For PPCs to operate their ticketing scheme, they need access to the Driver and Vehicle Licensing Agency’s (DVLA’s) registered keeper database. This allows the PPC to find out the details of the registered keeper of the vehicle and ultimately issue them with a Parking Charge Notices. However, the registered keeper of the vehicle is not always automatically the driver of the vehicle at the time when byelaw breach happened. These points are important to help determine who it liable for the Parking Charge Notices.
To get access to the DVLA’s registered keeper database, PPCs must be a member of an Approved Operator Scheme (AOS). There are currently two; the British Parking Association (BPA) and the International Parking Community (IPC). Members of an AOS are required to comply with the Codes of Practice specified by the AOS.
BPA’s and IPC’s Codes of Practice insinuate that the Parking Charge Noticess are contract based. This means that some parts of them are not applicable to Parking Charge Noticess issued for byelaw breaches. If a PPC is fund to be breaching the Code of Practice set out by the AOS they are a member of, that can have their access to the DVLA’s registered keeper database removed.
What Is Schedule 4 of The Protection Of Freedoms Act 2012?
Unpaid parking charges and how they are recovered are outlined in Schedule 4 of the Protection Of Freedoms Act 2012 (POFA). If the identity of the driver isn’t disclosed for when the infraction took place, it also allows a vehicles registered keeper to be held liable for the unpaid parking charges. This is known as the keeper liability. The keeper liability only applies to relevant land, and not on land that is covered by byelaws.
The DVLA KADOE Contract
The DVLA Keeper of a Vehicle at the Date of an Event (KADOE) contract helps PPCs get the data they need to pursue recovery from the driver, or registered keeper if Schedule 4 of the POFA is followed, for a fee. POFA can’t be used under byelaws, so only the driver can be held liable. The PPC could still contact the registered keeper to request the drivers information, however, they can’t infer they have any liability.
The Road Traffic Act 1988
The Road Traffic Act 1988 section 192 (1) defines a road as:
Any highway and any other road to which the public has access
The Road Traffic Act 1988
The Airports Act 1986 section 63 (2) also states that byelaws don’t apply on:
Roads within the airport to which the road traffic enactments apply
The Airports Act 1986
Only the Police can act on breaches of the Road Traffic Act.
As can be seen, PPCs trying to enforce Parking Charge Noticess on land subject to byelaws can get quite confusing. So if find yourself receiving one, make sure you do your research into the specifics of the Parking Charge Notices. There are many forums to search and ask for help on that have people experienced in these specific matters.
The Railway Byelaws
The Railway Byelaws 2005 section 14 regulate the parking of vehicles in railway station car parks across the country. Section 14 is the specific section of the Railway Byelaws that covers parking. The mains points of section 14 stipulate:
- Byelaw 14 (3) stipulates that a person using a railway car park to park their vehicle must pay the parking charges that are levied by the operator.
- Byelaw 14 (4) (i) stipulates that the owner of a vehicle may be held liable to pay a penalty if it has been left, used or placed in contravention of byelaws 14 (1) to 14 (3).
- Byelaw 24 (1) stipulates that any person who breaks any of the byelaws in the Railway Byelaws is committing an offence and is liable to a fine up to £1000 if prosecuted in a Magistrates Court.
It should be noted that in the Railway Byelaws that prohibits PPCs from providing an appeals process. In 2018 it brought to the attention of the Department for Transport that some PPCs had ceased to provide people they had ticketed with the access to an independent appeals service. They then requested that they re-instate this access.
What Happens If You Break A Byelaw?
Breaches of byelaws is a criminal offence and are dealt with through a Magistrates Court. If you are convicted through a court, you could end up with a fine and/or a criminal record. The fine amount will depend upon the byelaw that was breached and the authority that the byelaw was implemented by.
TLDR: Byelaw Parking Tickets
- Byelaw parking tickets are issued by Private Parking Companies (PPCs) that manage locations such as railway stations, ports and airports;
- A private Parking Charge Notice is enforced in civil court and a byelaw Parking Charge Notices is enforced by a magistrates court;
- A PPC gets your information through the Driver and Vehicle Licensing Agency’s (DVLA’s) registered keeper database;
- Schedule 4 of the Protection Of Freedoms Act 2012 (POFA) allows a vehicles registered keeper to be held liable for any unpaid parking charges;
- The DVLA Keeper of a Vehicle at the Date of an Event (KADOE) contract helps PPCs get the data they need for a fee;
- Section 14 of the Railway Byelaws covers parking in railway car parks;
- A breach of any byelaw is a criminal offence and you could by prosecuted in a Magistrates Court. If found guilty, you may have to pay a fine and/or receive a criminal record.
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