Is this Private road a public Highway?

[Gavia]

deadpixel said:

Gavia said:

In a nutshell, yes.

The OP hasn’t paid a red route fine from elsewhere and is now worried that his car will be taken by the enforcement officers. He’s trying to claim that the road he lives on is private and therefore they’re not allowed onto it, or some or other bks.

Not Strictly true, there is no dispute that the road is private, what I wish to establish is if the road would be considered a "Highway" with respect to The Highways Act 1980. This significance bears relevance as if it is not classed as a "Highway" the Enforcement Agents would not be able to seize a vehicle that is on private property as defined in Paragraph 14(6) of the Tribunals Courts and Enforcement Act 2007. They would be committing an offence under section 54 of the Protection of Freedoms Act 2012. An important distinction I would say.

I have now instructed a barrister to investigate these matters, so I will keep you posted.

It’s exactly as I posted and you’re dreaming if you think you’ve got a chance of winning on that argument. Enjoy pissing good money after bad, as you’ll still have to pay the fine and those costs will continue to spiral.

[Gavia]

Marcellus said:

If you are trying to appeal a fine imposed on you by Dulwich Estates for parking (or being broken down) on College Gardens (aka The Tollgate) without the correct permit then I strongly suspect no matter how you "argue" you will not succeed, over the past 30 odd years I know of several people who have tried (Barristers included) who were residents of the road and were aggrieved at the fine but in the end accepted it and paid up.

He’s not. The fine is not from being on that road, it’s from elsewhere. He lives on the Dulwich Estate and is trying to prove that Enforcement Officers can’t come onto his property, as it’s a private road.

This is the third time this has been pointed out to you.

[Gavia]

deadpixel said:

I deliberately kept my OP simple as I did not want to distract posters with information that bore no relevance to the outcome my question, and indeed waste peoples time second guessing and misleading each other. It is a shame that so many people like to use this forum to judge and disseminate poorly informed opinions, with little basis on fact. I greatly appreciate the time and effort that some posters go to in providing verifiable information along with sources, however the sentiment of many posters leaves allot to be desired.

It’s a lot, not allot.

I keep picking you up on spelling mistakes, which are popular amongst children. Hmmmmmm