I was skimming through the latest edition of routeone and had some comments regarding the feature exploring the situation with coach parking at motorway services.
While I fully agree with the need to safeguard coach parking areas, there are a number of facts regarding the terms ‘parking’, ‘penalty’ and ‘fine’. The signs are idle threats, not worth the metal they’re written on.
Off-street parking is the domain of private parking companies and is subject to contract law and something called the Protection of Freedoms Act (POFA), the law that has clarified the muddy waters of private parking (to a degree).
In contract law, a private company cannot issue penalties, nor can it issue fines. Only the courts and councils can issue fines. A private parking company also needs the written permission of the landowner to operate on that land. Quite who owns the motorway service area lands, I don’t know. Maybe they are statutory bodies, like railway stations and airports, and are governed under bylaws. There is no longer a definition of ‘coaches’ in the Traffic Signs Regulations and General Directions, the law concerning all road signs. The word ‘coach’ has been replaced by the word ‘bus’ or ‘buses’.
Any lorry operator receiving a ‘fixed penalty’ fine notice from any of these motorway areas can easily appeal the issue of it and win the appeal. Very few cases are ever taken to court, and those that have are usually won by the errant driver or operator. If any coach or bus operator has problems with private parking, head to ftla.uk and go to the private parking tickets page, where lots of very helpful information can be found entirely for free.
Roy Gould, Aldington
