How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask tdlawyer Your Own Question
tdlawyer
tdlawyer, Lawyer
Category: Traffic Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience of advising on traffic law issues.
73598664
Type Your Traffic Law Question Here...
tdlawyer is online now

is it leagel for a parking enforcement company to use an un

Customer Question

is it leagel for a parking enforcement company to use an un marked car and be in plain clothes when issuing a PCN. When on private land
Submitted: 3 years ago.
Category: Traffic Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hi thanks for your question.

tdlawyer :

My name isXXXXX can assist with this.

Customer:

Hi Tony,

tdlawyer :

Unfortunately, there are no laws preventing a company from using an unmarked vehicle like this on private property.

tdlawyer :

They can use whatever type of vehicle they like.

Customer:

last Thursday my Wife was issued a PNC by a chap sitting in a plain clothes car and not wearing any form of uniform, This incident happend in a shared car park between Staples and The Car phone warehouse.

Customer:

iv'e searched the internet and in certian forums it has been stated many times that under Goverment issued guide lines for Traffic Wardens they must be in full uniform when issuing a PNC .

tdlawyer :

Yes, that's maybe the case with public officials, although what happens on private land is a very different matter.

Customer:

Also im not sure if the vehicle he was using was his own. In which case if it was am I right in thinking he should be insured for both private and buisness use as he was using it for his buisness??

tdlawyer :

It should be insured like that yes, but ... it will not alter the validity of any ticket that has been issued.

Customer:

Also my Wife wnet nto the carphone warehouse to get my phone fixed but they were unable to fixit, however they sent her to another store within Basildon shopping center. They ommitted to tell my Wife that she may get a PNC by the traffic warden in there carpark and they also ommitted to tell the TW that they had sent her to there other store and that techincly she was still a carphone warehouse customer and therefore a PNC should not have been issued

tdlawyer :

What do the signs say about use of the car park? Do they limit the use by a certain time, e.g. up to 1 hour etc?

Customer:

Not sure as I wasn't there but im going there tommorow, my Wife tells me that she was from 0900am until 0915.

tdlawyer :

Ok, that is worth checking. Otherwise, she might be within the permission on the signage.

Customer:

The time it took my Wife to go between the first carphone warehouse and the other carphone warehouse store and back to her car was approximatly 10 mins.

Customer:

On the back of the PNC it states reason for issue He has ticked No 7 which states Vehicle left and driver went elsewhere which she did but in my Wifes defence she was going tothe other carphone warehouse store on the original CPW Advice

Customer:

Therefore surley she was still techniclly a Carphone warehouse cutomer and therefore entitled to park in there car park

tdlawyer :

Well, it sounds a little unfair if she was going to another one of their stores.

tdlawyer :

If the sign says she must be a carphone warehouse customer, then going to the other store means she is still a customer and I agree with you.

tdlawyer :

The key will be in the wording, legally at least, but it's worth speaking to the Carphone warehouse about this because even if legally she has no defence, it would be manifestly unfair in the circumstances to impose a penalty on her.

tdlawyer :

Imagine if that got into the press ...

tdlawyer :

It wouldn't look good for them.

Customer:

Hi Tony, Thanks for the answer in fact my Wife did mention to the TW whilst the PNC was being issued that she had in fact been sent to there other store by one of the sales staff. He just said they never told me that. Have a good weekned and wish us luck as were going to confront the CPW tommorow with this evidence and we shall be informing them of our intentions to go to the local papers about this situation. I personally have no time for sneakey underhand parking tickets although I agree parking needs to be controlled but fairly. kindest regards XXXXX XXXXX your help Sean Sharples

tdlawyer :

Thank Sean - good luck for tomorrow, I do hope they quash the ticket, maybe let me know how you get on. Good luck!

Customer:

Will do Tony

tdlawyer and other Traffic Law Specialists are ready to help you