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PCN near Wembley Stadium on private land?
Parkingtroubles
post Fri, 18 Jan 2019 - 21:18
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Hello,

I received a PCN when parked on a grass verge near Wembley Stadium (on a match day). Believe the verge is part of the business/industrial park on Carey Way - i have parked here many times before and never received a pcn (although they do issue private parking tickets to cars parked in the road / car park areas on Carey Way). Photos attached

Does the council have the right to issue the ticket if the land is private? If not - do i need to prove if part of the highway or otherwise?

very grateful for any advice

Thanks

P



This post has been edited by Parkingtroubles: Fri, 18 Jan 2019 - 21:22
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post Fri, 18 Jan 2019 - 21:18
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stamfordman
post Fri, 18 Jan 2019 - 22:25
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Do you know it's private land or just assuming? Trouble is it's a verge with public access and I'm surprised you've not got a PCN there before, either a code 02 or Iin this case a pavement/verge parking 62.



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Incandescent
post Fri, 18 Jan 2019 - 22:30
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You're bang-to-rights as parking off the carriageway has been an offence since the 70s in London, but could appeal on "legitimate expectation" if you've parked there many times before without getting a PCN. Trouble is you'd inevitably have to test this at London Tribunals as the council are hungry for your cash so will reject any reps. This means the full PCN penalty will be in play, not the discounted amount.

This post has been edited by Incandescent: Fri, 18 Jan 2019 - 22:30
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peterguk
post Fri, 18 Jan 2019 - 22:45
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QUOTE (Incandescent @ Fri, 18 Jan 2019 - 22:30) *
but could appeal on "legitimate expectation" if you've parked there many times before without getting a PCN.


OP, to save problems in the future, bear in mind you're now on notice, so can't claim legitimate expectation again. Best to find somewhere legal to park.


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Parkingtroubles
post Fri, 18 Jan 2019 - 23:02
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Thanks all. I don't know for sure that the land is private but have probably parked here 20 times previously. Are you saying that ownership is irrelevant due it being a verge with public access?

Thanks
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peterguk
post Fri, 18 Jan 2019 - 23:06
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QUOTE (Parkingtroubles @ Fri, 18 Jan 2019 - 23:02) *
Thanks all. I don't know for sure that the land is private but have probably parked here 20 times previously. Are you saying that ownership is irrelevant due it being a verge with public access?

Thanks


Basically, yes (and you're parked adjacent to DYLs) There's a well known High Court case which cost a moped-owning Dr Dawood a lot of money. Give it a read.

https://www.telegraph.co.uk/news/uknews/law...s-own-land.html

This post has been edited by peterguk: Fri, 18 Jan 2019 - 23:16


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hcandersen
post Sat, 19 Jan 2019 - 11:18
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I think you have an arguable case at least at the informal stage PROVIDING you ask the right questions.

IMO Dawood has grown and been misinterpreted in many cases, this is not an evident parallel with those circumstances.

If the authority want to enforce then they must show that the area is part of a road. In the Dawood case the area in question formed an incursion into the footway area, but here the grassed area is clearly separate: you don't walk on it making your way from A to B on the footway.

Indicators:
Street lamps
Trees and grass - if these were planted and maintained by the council, then they would have a legitimate claim.

But bear in mind, if it's not highway then by your actions you are damaging someone's private property. How would you like it if it was your front lawn? You park there thinking it's repairable at someone else's expense, providing it's not yours. Anyway, this isn't about whether your parking is irresponsible, it's about parking regulations. (it might even be that the owners of the land have complained to the council?)

IMO, the key point as regards interpretation is whether in order to be classified as a 'property boundary' this has to be a building or other edifice? I don't think so, the property line could be argued to be the back of the footway which is contiguous with the grassed area which forms part of private property.
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