Parking question
Author
Discussion

lottie

Original Poster:

701 posts

248 months

Sunday 19th July 2009
quotequote all
On Friday when I came home from work there was nowhere to park outside my house (row of three terraced cottages). Just befre my house is Rhoden Street and so I parked there. This morning I went out to my car (didn't leave house yesterday) to find three notes on my window.1st note: Rhoden Street is a private road only residential parking, thankyou. 2nd note: This is a private road with residents only parking.No.2 and 3rd note:This is a provate street and unadopted. My husband and I are disabled. If we need transport in the night we would not get a verhicle up the street. Please take notice.Do not park your car.If you do I will take it further.

I was fuming as I had parked right up against a fence and was in no way blocking the entrance-you could have driven two cars side by side past me! So I went to the local police station and showed them the notes. They said I had no worries parking there and to ignore the letters.
Just come back from Mum's and couldn't park again so have parked in Rhoden Street. If I go out and there's any more notes am going to lose it!
The police station couldn't be wrong could they? Surely if it was a private/unadopted road it would say?
Help please.
Rant over.

Edited by lottie on Sunday 19th July 18:39

Puggit

49,440 posts

271 months

Sunday 19th July 2009
quotequote all
There's only one street with that name in the country - so we all know where you live

lottie

Original Poster:

701 posts

248 months

Sunday 19th July 2009
quotequote all
Puggit said:
There's only one street with that name in the country - so we all know where you live
And....

Puggit

49,440 posts

271 months

Sunday 19th July 2009
quotequote all
Up to you!

If there's no warning signs, as long as you are parked within the law (not within x metres of a junction etc), there's little they can do...

sday12

5,066 posts

234 months

Sunday 19th July 2009
quotequote all
From timesonline lawyer:

The owners can put gates across and impose any parking restrictions they like.

If the road is not a highway, anyone parking there will be trespassing. They can put up warning signs, take reasonable steps to remove the cars (such as by employing a reputable tow-away firm) or even get a court injunction against persistent offenders.

lottie

Original Poster:

701 posts

248 months

Sunday 19th July 2009
quotequote all
Puggit said:
Up to you!

If there's no warning signs, as long as you are parked within the law (not within x metres of a junction etc), there's little they can do...
Thankyou! I have road tax and was parked sensibly-not across the road as the old dear would have you think.

lottie

Original Poster:

701 posts

248 months

Sunday 19th July 2009
quotequote all
sday12 said:
From timesonline lawyer:

The owners can put gates across and impose any parking restrictions they like.

If the road is not a highway, anyone parking there will be trespassing. They can put up warning signs, take reasonable steps to remove the cars (such as by employing a reputable tow-away firm) or even get a court injunction against persistent offenders.
How do I find out if it is a private road?

sday12

5,066 posts

234 months

Sunday 19th July 2009
quotequote all
lottie said:
sday12 said:
From timesonline lawyer:

The owners can put gates across and impose any parking restrictions they like.

If the road is not a highway, anyone parking there will be trespassing. They can put up warning signs, take reasonable steps to remove the cars (such as by employing a reputable tow-away firm) or even get a court injunction against persistent offenders.
How do I find out if it is a private road?
Local council I presume

lottie

Original Poster:

701 posts

248 months

Sunday 19th July 2009
quotequote all
sday12 said:
lottie said:
sday12 said:
From timesonline lawyer:

The owners can put gates across and impose any parking restrictions they like.

If the road is not a highway, anyone parking there will be trespassing. They can put up warning signs, take reasonable steps to remove the cars (such as by employing a reputable tow-away firm) or even get a court injunction against persistent offenders.
How do I find out if it is a private road?
Local council I presume
Tried the website of local council but useless-will ring tomorrow.

Gareth79

8,719 posts

269 months

Sunday 19th July 2009
quotequote all
If it's not adopted then it is unlikely to be a public road (assuming the note is telling the truth), any public road would presumably automatically be "adopted". I think a private road can still be adopted, ie. maintained at public expense but a member of the public still wouldn't have the right to park on it.

Either way, if it's a private road you are basically parking on somebody else's private property and they have the right to decide who can leave their car there. They should really have signs to indicate that it's a private road - "Access to residents only, no public parking" or similar.


Edited by Gareth79 on Sunday 19th July 21:34

mas99

4,912 posts

207 months

Sunday 19th July 2009
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Ring your local highways dept. (County council level - Assuming you aren't in a city, I'm not bothered enough to look up where you are)

toothrot

22,454 posts

233 months

Sunday 19th July 2009
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regardless of everything, if you are disabled and have disabled badges (and not about to have them revoked when a lot of those that get them will have them revoked) then apply for a disabled bay outside your house. It will be enforcable for any car that uses it to display a badge. IT wont be reserved for you but it will be restricted to badge holders only.

Should someone park without a badge you can get the car removed.

ypauly

15,137 posts

223 months

Sunday 19th July 2009
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looks like plenty of people park there, so unless signage says otherwise I assum it would be ok.


thats if i am looking at the right place
http://maps.google.co.uk/maps?hl=en&tab=wl

HRG.

72,863 posts

262 months

Sunday 19th July 2009
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http://www.landregistry.gov.uk/wps/portal/Property...

Costs four quid to see who owns property

TheD

3,142 posts

222 months

Sunday 19th July 2009
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It doesn't look like a private road but that doesn't mean it isn't. More likely the locals have got together to put a stop to outsiders before it gets worse. As long as you aren't causing an obstruction or parking illegally feck em

amsie

197 posts

200 months

Sunday 19th July 2009
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As Tooth says, if they were disabled, they could apply for a disabled bay as my Grandad did.

I also have a female neighbour who if you park outside her house, will keep knocking and claiming she has guests arriving shortly and that I need to move my car so that they can get parked (despite the fact that the whole street will be empty)

Some people are just funny about people parking outside their houses.

tvrgit

8,483 posts

275 months

Sunday 19th July 2009
quotequote all
Gareth79 said:
If it's not adopted then it is unlikely to be a public road (assuming the note is telling the truth), any public road would presumably automatically be "adopted".
Not necessarily. It could be a private road but with a public right of passage. That would include public right of parking.
Gareth79 said:
I think a private road can still be adopted, ie. maintained at public expense
It's not a private road then it's adopted.
Gareth79 said:
but a member of the public still wouldn't have the right to park on it.
Yes they do if there's that public right of psassage.
Gareth79 said:
Either way, if it's a private road you are basically parking on somebody else's private property and they have the right to decide who can leave their car there.
No they don't!
Gareth79 said:
They should really have signs to indicate that it's a private road - "Access to residents only, no public parking" or similar.
They can't put up such signs if there's a public right of passage.

A "public road" normally means a road maintained at public expense, and a "private road" a road maintained at somebody else's expense. The right of passage over both may be the same (or it might not in some cases), and on both, parking etc can only be controlled by road signs as prescribed in the Traffic SIgns Regulations and General Directions - not by somebody nailing a notice to their gate.

H_Kan

4,942 posts

222 months

Sunday 19th July 2009
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The fact that so many of them said the same thing, may mean it is true. Give the council a call and see if the story checks out.

JQ

6,577 posts

202 months

Sunday 19th July 2009
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The notes would just encourage me to park there every day just for the fun of it.

GC8

19,910 posts

213 months

Sunday 19th July 2009
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Unadopted doesnt always equate to private road. A private road will always be unadopted, of course. The estate where I lived had a number of unadopted metalled roads, which the council refused to adopt until a number of drainage issues were addressed. These roads were street lit though, even though we (the freeholders) and the developers still owned the roads (they had what I recall as a 'section 36 ROW' applied).

If it is unadopted then you can park freely, but if its private then it is just that (assuming that we have all of the facts).