Here are two examples:
These signs were present at St Mary's Park, Hook, RG27 8EQ in October 2015 when the photographs were taken.
This appears to be a case of misrepresentation of authority. Parking companies have been found in the past to be guilty of making their tickets look like council tickets so that motorists believed there was statutory force behind them. This is exactly the same thing.
The BPA code of practice specifically bans this practice
14.1 You must give clear information to the public about what parking activities are allowed and what is unauthorised. You must not misrepresent to the public that your parking control and enforcement work is carried out under the statutory powers of the police or any other public authority. You will be breaching the Code if you suggest to the public that you are providing parking enforcement under statutory authority.The Prankster understands that UKPC have been reported to the BPA for this breach of the code of practice, but that the BPA have decided to take no action. This appears to run contrary to Patrick Troy's statement to the BBC
"If there's a repeat of any kind of misbehaviour, that will almost certainly result in expulsion or further suspension."It appears that Mr Troy may have had a change of heart.
Regulations and guidance regarding illegal copies of crown copyrighted traffic signs
The familiar yellow No-Waiting-At-Any-Time sign is a Crown-copyright traffic sign from Diagram 637.3 of the Traffic Signs Regulations and General Directions 2002 (TSRGD) to be used
exclusively for placements on the public highway.
Even on the public highway its placement is expressly prohibited by the Road Traffic Regulation
Act 1984 and by item 1 of TSRGD General Direction 24(1) otherwise than in conjunction with a
kerbside double yellow line (which is to TSRGD Diagram 1018.1). There are no yellow line road
markings at St Mary’s Park.
In respect of roads which are private land not of the public highway, the Department for Transport
has confirmed the applicability of Chapter 1 of the Traffic Signs Manual. The attached extract
shows at section 1.20 the consequences of wrongful placement of public highway traffic signs on
private land adjacent to public highways.
1.20 Authorities should consider requiring the removal of any object or device erected privately on land adjacent to their roads which has the apparent or express intention of guiding, warning or directing road users. In addition, private advertisements should not resemble or incorporate prescribed traffic signs or their symbols. United Kingdom signs are crown copyright and may not be reproduced without permission. In no circumstances will the Department permit the use of traffic signs on advertisements at road side locations. When prescribed traffic signs are used illegally action should be
taken to secure their removal.
Happy Parking
The Parking Prankster
Has UKPC used this trick in a site near you? If so, please email in photographs of the signs together with information about the location to prankster@parking-prankster.com
i don't think that UKPC can blame this on a "rogue operator". This looks more like a head-office instigated job.
ReplyDeleteIf there is a no waiting sign in place then there can be no consideration on the contract above and the contract is therefore void. Is this correct?
ReplyDelete