Penalty charge on private property (Parked in a restricted street during prescribed hours (double parked/obstruction)

[dtesla]

Hi, I need some advice,

 

I have been given a parking ticket whilst being parked on private property,

 

I explained this is private property but still got a ticket as the traffic wardens were told to,

 

the ticket is Parked in a restricted street during prescribed hours (double parked/obstruction),

 

as you can see where I am parked no obstruction was caused,

 

the property is owned privately that extends past the fence to the pathway. 

 

Does anyone have any advice as I want to fight this ticket in court if they have no grounds?

 

parking 1.pdf

Thank you

[Bazooka Boo]

Can you prove that the boundary of the private property extends all the way to the road or pavement?

 

AFAIK and as I have always been led to believe, the DYL extend all the way from the road to the boundary of the property, so that could be to the fence line, or to the edge of the local authority owned pavement, I doubt the private property owns that tree your parked in front off does it?

 

Do you not get pulled over for your illegal number plate?

[honeybee13]

Hello, welcome to CAG.

 

I suggest you edit your pics to remove the car reg and keep this anonymous for you.

 

As BB says, it would be interesting to know why you think you were on private land, please.

 

Best, HB

[dtesla]

Your comments have been noted and I have confirmed with West Northants Highways that even though the land is designated as private property, it is part of the publicly maintained highway and that the PCN was therefore correctly issued.

 

The private landowner (or their predecessor) dedicated the area as Highway.

 

Kingswell Street was realigned and widened in the 90’s when St Peters Square shopping precinct was built and a width of private land was dedicated as highway down the west side of the road.

 

The land is still privately owned but responsibility is passed to the Highway Authority.

 

These are comments that have been passed onto me today by another person who had a ticket in the same spot.

 

parking 1.pdf

[dtesla]

We know this is private property as we had the opportunity to buy the land and the boundaries were up to the path.

[Bazooka Boo]

What's the cost of the ticket?

£35 quid??

 

What's the cost of arguing this minor issue out in court? You could probably add at least another zero on the end of that.

 

 

[dtesla]

Its the principal, if its private property then surely they cannot just ticket people! 

[Bazooka Boo]

Clearly they can, as they've issued you with a ticket.

 

Try it, you never know, appeal the ticket, they'll either agree with you, but unlikely looking at the pictures, OR they'll agree with you and squash the ticket.

[dx100uk]

its dedicated to the highway by the land owner

so its not his responsibility to maintain it.

 

pay it quick, there is no principle to be argued here.

 

dx

 

 

[dtesla]

The reason I'm on this site is to get actual advice potentially from someone who has experience in this sector, i know this is private property as mention, this could be an edge case that needs fighting if necessary.  Not all tickets issued are lawful. 

[dtesla]

Just now, dx100uk said:

its dedicated to the highway by the land owner

so its not his responsibility to maintain it.

 

pay it quick, there is no principle to be argued here.

 

dx

 

 

if this is the case should there not be signs stating that no parking is allowed?

[Bazooka Boo]

That's what the DYL's are for on the road.

[dtesla]

Just now, Bazooka Boo said:

That's what the DYL's are for on the road.

As it have been mentioned double yellows are up to the property boundary....

[Bazooka Boo]

Which according to the LA are up to the fence line.

[Ethel Street]

The ownership of the land is not relevant, what matters here is that the land you are parked on has been designated a public highway (as I understand your post #4).

 

As it's public highway the normal rules about parking on the highway apply so the local council can issue a PCN where there are DYLs. The public highway appears to extend right up to the fence (not just up to the edge of the pavement)  but that is something you can check with the council. If it does extend up to the fence then you are parked on a public highway, who owns the land is irrelevant.

 

It is common for the freehold of public highways to be owned by a private owner. It doesn't in itself give you grounds to challenge a PCN.