Council Parking Fine on Private Land
Discussion
Hi
In central Bournemouth there is small road called “Orchard Street.” The street has double yellow lines on both sides of the road. However there is a small metal plaque in the wall that has been there for years. Running up the centre of the road are some flush metal studs.
The sign states the area between the wall which the plaque is mounted to and the metals studs is not a designated public highway.
As such for the past 13 years I have happily enjoyed parking there when nipping into Bournemouth under the belief that as the road was not a public highway the council had no right to issue parking tickets there.
Today my wife was issued a parking ticket, so I called the Bournemouth Parking Penalty line, and explained that they may have made an error. They have always issued parking tickets on Orchard Streer, they said that the plaque could not be removed as the council did not own the land. I then said for the same reason you cannot remove the plaque you should not issue parking penalties.
The lady then said I would have to write in.
Before I write in, I will take photos of the plaque the road and the studs and attach them to my letter. Is there anything else I can / should do.
Thanks
JustinP
In central Bournemouth there is small road called “Orchard Street.” The street has double yellow lines on both sides of the road. However there is a small metal plaque in the wall that has been there for years. Running up the centre of the road are some flush metal studs.
The sign states the area between the wall which the plaque is mounted to and the metals studs is not a designated public highway.
As such for the past 13 years I have happily enjoyed parking there when nipping into Bournemouth under the belief that as the road was not a public highway the council had no right to issue parking tickets there.
Today my wife was issued a parking ticket, so I called the Bournemouth Parking Penalty line, and explained that they may have made an error. They have always issued parking tickets on Orchard Streer, they said that the plaque could not be removed as the council did not own the land. I then said for the same reason you cannot remove the plaque you should not issue parking penalties.
The lady then said I would have to write in.
Before I write in, I will take photos of the plaque the road and the studs and attach them to my letter. Is there anything else I can / should do.
Thanks
JustinP
Definition of public highway within www.bournemouth.gov.uk/Residents/roads/rnm/Vegetation_Overhanging_the_Public_Highway.asp (not the greatest source I know)
That means a car park isn't a public highway but tickets can still be issue there
>> Edited by edc on Tuesday 16th November 14:48
That means a car park isn't a public highway but tickets can still be issue there
>> Edited by edc on Tuesday 16th November 14:48
not sure
it states
The public highway, as defined by law, consists of any verge, footway, carriageway, bridleway or footpath that is maintained at public expense and over which the public has a right of way.
The sign clearly states it is not a public highway.
So the question is, is it legal to have yellow lines on a road which is not a public highway?
it states
The public highway, as defined by law, consists of any verge, footway, carriageway, bridleway or footpath that is maintained at public expense and over which the public has a right of way.
The sign clearly states it is not a public highway.
So the question is, is it legal to have yellow lines on a road which is not a public highway?
Yellow lines are laid as the result of a Traffic Order made under the authority of Road Traffic Regulation Act 1984.
Road under this Act is defined as "[England and Wales]
any length of Highway or of any other road to which the public have access, and includes bridges over which a road passes"
From what has been stated then there does not appear to be any restriction placed on the use of the road with the general public at large have free access. So it would appear, irrespective of being privately owned, then it is a road and the Traffic Order and lines lawful.
Two things:
(1) Have a look at the Traffic Order and see what it says. It should defined the length of road involved in detail.If it takes note of the alleged private aspect then this may not be mentioned.
(2) Make sure that there are the yellow "No Waiting Signs" attached to LP's etc at intervals and also inspect the lines themselves to ensure at the end there is a T or L piece at the end ( see diagram in HC). Some Councils miss this off and as a result the restriction is not signed in accordance with Traffic Signs and General Directions 2002 and therefore the restriction is unlawful.
If I remember correctly then get your letter 9worth a try) of appeal off promptly as the fine increases if not paid within a certain time. Appeal put things on hold so if not accepted you go back to the lower fine.
DVD
Road under this Act is defined as "[England and Wales]
any length of Highway or of any other road to which the public have access, and includes bridges over which a road passes"
From what has been stated then there does not appear to be any restriction placed on the use of the road with the general public at large have free access. So it would appear, irrespective of being privately owned, then it is a road and the Traffic Order and lines lawful.
Two things:
(1) Have a look at the Traffic Order and see what it says. It should defined the length of road involved in detail.If it takes note of the alleged private aspect then this may not be mentioned.
(2) Make sure that there are the yellow "No Waiting Signs" attached to LP's etc at intervals and also inspect the lines themselves to ensure at the end there is a T or L piece at the end ( see diagram in HC). Some Councils miss this off and as a result the restriction is not signed in accordance with Traffic Signs and General Directions 2002 and therefore the restriction is unlawful.
If I remember correctly then get your letter 9worth a try) of appeal off promptly as the fine increases if not paid within a certain time. Appeal put things on hold so if not accepted you go back to the lower fine.
DVD
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