The Nazis want some extra tax from me

[rypt]

spitfire-ian said:

rypt said:

OnTheOverrun said:

rypt said:

spitfire-ian said:

link said:

Parking your car on a private road (unless you own the road) is trespass and also puts you at risk of obstructing the right of way of others.

http://www.boundary-problems.co.uk/maineasements.h...

Edited by spitfire-ian on Thursday 27th May 14:20

A LEGAL definition of a private road is one that is gated

Not. No gate is required, see my post.

Your post references a website that doesn't reference any legal documents or past cases, I pointed to something from London from 10 yers ago that sues the road acts and their definitions of what an urban road is.

Edited by rypt on Thursday 27th May 14:26

Errrr....

" Private roads (also known as "unadopted roads") are different in that they don't belong to the local authority, and the local authority is not under a duty to maintain them. But a private road may nonetheless be a highway for one or more classes of traffic. A private road can become a highway through use by the public over a period of time. Private through-roads sometimes become highways in this way, though private cul-de-sacs rarely do so. (Whether a public right of way exists for mechanically propelled vehicles depends also upon the effect of Part 6 of the Natural Environment and Rural Communities Act 2006, which came into effect on 2 May 2006. This extinguished public rights of way for mechanically-propelled vehicles in many private roads.)"

http://www.privateroads.co.uk/AboutPRandE.html

Natural Environment and Rural Communities Act 2006 only relates to natural tracks, not from proper roads.
A cul-de-sac in their definition is generally just the end bit of a close (ie the big circle part), rather than the actual road that is several hundred meters long.

[rypt]

will_ said:

rypt said:

OnTheOverrun said:

rypt said:

spitfire-ian said:

link said:

Parking your car on a private road (unless you own the road) is trespass and also puts you at risk of obstructing the right of way of others.

http://www.boundary-problems.co.uk/maineasements.h...

Edited by spitfire-ian on Thursday 27th May 14:20

A LEGAL definition of a private road is one that is gated

Not. No gate is required, see my post.

Your post references a website that doesn't reference any legal documents or past cases, I pointed to something from London from 10 yers ago that sues the road acts and their definitions of what an urban road is.

Edited by rypt on Thursday 27th May 14:26

The public don't have access to a private road, they are there with permission of the land owner. You don't have that permission. Would you park on someone's private drive-way?

You do have access to it due to it being classed as an urban road and public highway, due to the lack of prevention for public access

[rypt]

OnTheOverrun said:

rypt said:

will_ said:

rypt said:

OnTheOverrun said:

rypt said:

spitfire-ian said:

link said:

Parking your car on a private road (unless you own the road) is trespass and also puts you at risk of obstructing the right of way of others.

http://www.boundary-problems.co.uk/maineasements.h...

Edited by spitfire-ian on Thursday 27th May 14:20

A LEGAL definition of a private road is one that is gated

Not. No gate is required, see my post.

Your post references a website that doesn't reference any legal documents or past cases, I pointed to something from London from 10 yers ago that sues the road acts and their definitions of what an urban road is.

Edited by rypt on Thursday 27th May 14:26

The public don't have access to a private road, they are there with permission of the land owner. You don't have that permission. Would you park on someone's private drive-way?

You do have access to it due to it being classed as an urban road and public highway, due to the lack of prevention for public access

You have right of access within the following rules:

"A vehicular private right of way permits you to:
• drive vehicles of up to a permitted width, height and weight along the carriageway between the public highway and the dominant tenement;
• stop a vehicle on the right of way immediately adjacent to the dominant tenement for the purpose of loading and unloading that vehicle;
• perform other reasonable acts, such as pulling off the carriageway onto the verge in order to pass oncoming vehicles."

You do not have the right to park.

Says who?
If the road is classed as an urban road/public highway then I can do anything I usually do on a normal road, which is why what I pasted from the London case is useful as it shows how the legal definition for it works

Edited by rypt on Thursday 27th May 14:37

[rypt]

will_ said:

rypt said:

will_ said:

rypt said:

OnTheOverrun said:

rypt said:

spitfire-ian said:

link said:

Parking your car on a private road (unless you own the road) is trespass and also puts you at risk of obstructing the right of way of others.

http://www.boundary-problems.co.uk/maineasements.h...

Edited by spitfire-ian on Thursday 27th May 14:20

A LEGAL definition of a private road is one that is gated

Not. No gate is required, see my post.

Your post references a website that doesn't reference any legal documents or past cases, I pointed to something from London from 10 yers ago that sues the road acts and their definitions of what an urban road is.

Edited by rypt on Thursday 27th May 14:26

The public don't have access to a private road, they are there with permission of the land owner. You don't have that permission. Would you park on someone's private drive-way?

You do have access to it due to it being classed as an urban road and public highway, due to the lack of prevention for public access

Tosh. Would you park on someone's private driveway?

I pasted the legal reasoning behind the argument, taken from a 10 year old issue from London

[rypt]

OnTheOverrun said:

rypt said:

OnTheOverrun said:

rypt said:

will_ said:

rypt said:

OnTheOverrun said:

rypt said:

spitfire-ian said:

link said:

Parking your car on a private road (unless you own the road) is trespass and also puts you at risk of obstructing the right of way of others.

http://www.boundary-problems.co.uk/maineasements.h...

Edited by spitfire-ian on Thursday 27th May 14:20

A LEGAL definition of a private road is one that is gated

Not. No gate is required, see my post.

Your post references a website that doesn't reference any legal documents or past cases, I pointed to something from London from 10 yers ago that sues the road acts and their definitions of what an urban road is.

Edited by rypt on Thursday 27th May 14:26

The public don't have access to a private road, they are there with permission of the land owner. You don't have that permission. Would you park on someone's private drive-way?

You do have access to it due to it being classed as an urban road and public highway, due to the lack of prevention for public access

You have right of access within the following rules:

"A vehicular private right of way permits you to:
• drive vehicles of up to a permitted width, height and weight along the carriageway between the public highway and the dominant tenement;
• stop a vehicle on the right of way immediately adjacent to the dominant tenement for the purpose of loading and unloading that vehicle;
• perform other reasonable acts, such as pulling off the carriageway onto the verge in order to pass oncoming vehicles."

You do not have the right to park.

Says who?
If the road is classed as an urban road/public highway then I can do anything I usually do on a normal road

It isn't classed as an urban road/public highway as it has a clearly marked 10mph limit. Urban road/public highways have legal minimum limit of 20mph. The 10mph sign shows it's a private road with a public right of access. Access does not include parking.

The 10 mph sign shows a road that the road is unadopted (as such council do not put up signage etc on it), it does NOT show that it is private. A private road needs to have a method of preventing the general public accessing it, that is in force at least SOME of the time.
This does not, as such it falls under the regulations of being an urban road

Edited by rypt on Thursday 27th May 14:43

[rypt]

Dupont666 said:

rypt said:

OnTheOverrun said:

rypt said:

OnTheOverrun said:

rypt said:

will_ said:

rypt said:

OnTheOverrun said:

rypt said:

spitfire-ian said:

link said:

Parking your car on a private road (unless you own the road) is trespass and also puts you at risk of obstructing the right of way of others.

http://www.boundary-problems.co.uk/maineasements.h...

Edited by spitfire-ian on Thursday 27th May 14:20

A LEGAL definition of a private road is one that is gated

Not. No gate is required, see my post.

Your post references a website that doesn't reference any legal documents or past cases, I pointed to something from London from 10 yers ago that sues the road acts and their definitions of what an urban road is.

Edited by rypt on Thursday 27th May 14:26

The public don't have access to a private road, they are there with permission of the land owner. You don't have that permission. Would you park on someone's private drive-way?

You do have access to it due to it being classed as an urban road and public highway, due to the lack of prevention for public access

You have right of access within the following rules:

"A vehicular private right of way permits you to:
• drive vehicles of up to a permitted width, height and weight along the carriageway between the public highway and the dominant tenement;
• stop a vehicle on the right of way immediately adjacent to the dominant tenement for the purpose of loading and unloading that vehicle;
• perform other reasonable acts, such as pulling off the carriageway onto the verge in order to pass oncoming vehicles."

You do not have the right to park.

Says who?
If the road is classed as an urban road/public highway then I can do anything I usually do on a normal road

It isn't classed as an urban road/public highway as it has a clearly marked 10mph limit. Urban road/public highways have legal minimum limit of 20mph. The 10mph sign shows it's a private road with a public right of access. Access does not include parking.

The 10 mph sign shows a road that the road is unadopted (as such council do not put up signage etc on it), it does NOT show that it is private. A private road needs to have a method of preventing the general public accessing it, that is in force at least SOME of the time.

Unadopted means private

Only in ownership, not in access

You are missing the clear difference between privately owned, and private to use/access.

Edited by rypt on Thursday 27th May 14:45

[rypt]

Condi said:

My god this thread is boring, who do I invoice for the 10 minuets of my life Ive just spent hoping that somewhere the OP would see sense, and stop being such an arrogant know it all?

OP; have a read of this;

http://www.test.glass-uk.org/images/stories/member...

Basically the issue is pretty complicated and at the moment I cant be arsed to read through the cases mentioned to find out exactly what happened in each case. However, im sure on your little crusade you'll have plenty of time for it.

From your link

link said:

Given the definition of road
mentioned above, this provision applies only to private roads which are neither highways nor
roads subject to public access;

Which is basically what I posted before from another source

[rypt]

OnTheOverrun said:

rypt said:

Dupont666 said:

rypt said:

OnTheOverrun said:

rypt said:

OnTheOverrun said:

rypt said:

will_ said:

rypt said:

OnTheOverrun said:

rypt said:

spitfire-ian said:

link said:

Parking your car on a private road (unless you own the road) is trespass and also puts you at risk of obstructing the right of way of others.

http://www.boundary-problems.co.uk/maineasements.h...

Edited by spitfire-ian on Thursday 27th May 14:20

A LEGAL definition of a private road is one that is gated

Not. No gate is required, see my post.

Your post references a website that doesn't reference any legal documents or past cases, I pointed to something from London from 10 yers ago that sues the road acts and their definitions of what an urban road is.

Edited by rypt on Thursday 27th May 14:26

The public don't have access to a private road, they are there with permission of the land owner. You don't have that permission. Would you park on someone's private drive-way?

You do have access to it due to it being classed as an urban road and public highway, due to the lack of prevention for public access

You have right of access within the following rules:

"A vehicular private right of way permits you to:
• drive vehicles of up to a permitted width, height and weight along the carriageway between the public highway and the dominant tenement;
• stop a vehicle on the right of way immediately adjacent to the dominant tenement for the purpose of loading and unloading that vehicle;
• perform other reasonable acts, such as pulling off the carriageway onto the verge in order to pass oncoming vehicles."

You do not have the right to park.

Says who?
If the road is classed as an urban road/public highway then I can do anything I usually do on a normal road

It isn't classed as an urban road/public highway as it has a clearly marked 10mph limit. Urban road/public highways have legal minimum limit of 20mph. The 10mph sign shows it's a private road with a public right of access. Access does not include parking.

The 10 mph sign shows a road that the road is unadopted (as such council do not put up signage etc on it), it does NOT show that it is private. A private road needs to have a method of preventing the general public accessing it, that is in force at least SOME of the time.

Unadopted means private

Only in ownership, not in access

You are missing the clear difference between privately owned, and private to use/access.

Edited by rypt on Thursday 27th May 14:45

And you are clearly missing the difference between right of access and right of way. The road in question has public right of access but that doesn't give you the right to park. I own a small section of unadopted private road between fields which has the right to public vehicular access for the reasons I've quoted but not the right to park.

Any road that falls under an urban road (or if enough time has passed an urban highway) has the right to park

[rypt]

Dupont666 said:

rypt said:

OnTheOverrun said:

rypt said:

Dupont666 said:

rypt said:

OnTheOverrun said:

rypt said:

OnTheOverrun said:

rypt said:

will_ said:

rypt said:

OnTheOverrun said:

rypt said:

spitfire-ian said:

link said:

Parking your car on a private road (unless you own the road) is trespass and also puts you at risk of obstructing the right of way of others.

http://www.boundary-problems.co.uk/maineasements.h...

Edited by spitfire-ian on Thursday 27th May 14:20

A LEGAL definition of a private road is one that is gated

Not. No gate is required, see my post.

Your post references a website that doesn't reference any legal documents or past cases, I pointed to something from London from 10 yers ago that sues the road acts and their definitions of what an urban road is.

Edited by rypt on Thursday 27th May 14:26

The public don't have access to a private road, they are there with permission of the land owner. You don't have that permission. Would you park on someone's private drive-way?

You do have access to it due to it being classed as an urban road and public highway, due to the lack of prevention for public access

You have right of access within the following rules:

"A vehicular private right of way permits you to:
• drive vehicles of up to a permitted width, height and weight along the carriageway between the public highway and the dominant tenement;
• stop a vehicle on the right of way immediately adjacent to the dominant tenement for the purpose of loading and unloading that vehicle;
• perform other reasonable acts, such as pulling off the carriageway onto the verge in order to pass oncoming vehicles."

You do not have the right to park.

Says who?
If the road is classed as an urban road/public highway then I can do anything I usually do on a normal road

It isn't classed as an urban road/public highway as it has a clearly marked 10mph limit. Urban road/public highways have legal minimum limit of 20mph. The 10mph sign shows it's a private road with a public right of access. Access does not include parking.

The 10 mph sign shows a road that the road is unadopted (as such council do not put up signage etc on it), it does NOT show that it is private. A private road needs to have a method of preventing the general public accessing it, that is in force at least SOME of the time.

Unadopted means private

Only in ownership, not in access

You are missing the clear difference between privately owned, and private to use/access.

Edited by rypt on Thursday 27th May 14:45

And you are clearly missing the difference between right of access and right of way. The road in question has public right of access but that doesn't give you the right to park. I own a small section of unadopted private road between fields which has the right to public vehicular access for the reasons I've quoted but not the right to park.

Any road that falls under an urban road (or if enough time has passed an urban highway) has the right to park

That is for right of access and since its a cul-de-sac where are you going? ITs not for parking.

You can legally park on an urban road, and right to access is just that ... the right to enter it.