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Council ticket on private land?
Hihun111
post Tue, 18 Jun 2019 - 12:22
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Hi

Interesting one here. I’ve picked up a council parking ticket for being parked on the pavement when I was also parked under a sign saying that it was privately owned... in addition, the councils own double yellows cut in to a box that avoids this piece of land. Do I have grounds for appeal do you think? Aside from this, the paving used also changes in appearance slightly further up and leads to nowhere. It has no pedestrian purpose whatsoever. Thoughts?


https://ibb.co/Sy6GmCj
https://ibb.co/yYNV8gD
https://ibb.co/Xy3DcST
https://ibb.co/MZJ7fKV
https://ibb.co/VCM15vd

This post has been edited by Hihun111: Tue, 18 Jun 2019 - 12:28
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post Tue, 18 Jun 2019 - 12:22
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PASTMYBEST
post Tue, 18 Jun 2019 - 13:50
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post a gsv of the location


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All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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Hihun111
post Tue, 18 Jun 2019 - 14:04
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https://goo.gl/maps/mGPsyBxSNzQRBFca7
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cp8759
post Tue, 18 Jun 2019 - 18:10
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So here: https://www.google.com/maps/place/51%C2%B03...288076?hl=en-GB

The Ordnance Survey does not suggest it's anything other than a road:



If the land is private land, I wonder who the supposed owner is. Based on the definition adopted by the tribunal in Nisha Patel v London Borough of Hounslow (2190096099, 13 April 2019), I'm not sure the road is a road to which the public has access within the meaning of the Road Traffic Regulation Act 1984, however the problem is that it might be deemed to be a highway by virtue of section 31 of the Highways Act 1980 (Dedication of way as highway presumed after public use for 20 years).

In the first instance however, I would stick to the basics:

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Dear Sir or Madam,

I parked my vehicle in an off-road private parking area subject to private parking controls, prominent signs at this location indicate parking restrictions are enforced by PCM UK Limited on behalf of the land-owner. I note the council has issued a statutory penalty charge with an on-street contravention code, I can only imagine this must have been done in error. In light of this, I trust you will arrange for the prompt cancellation of the PCN. As an aside, I understand CEOs are not meant to enter private property to serve a PCN, because they may commit an act of trespass in so doing. I trust you will ensure CEOs are instructed not to enter this area of private land in future.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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