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I need some reassurance...
rosturra
post Wed, 7 Jun 2023 - 10:52
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Free parking spaces in Greenwich are as rare as hen's teeth - as my father would say.

I noticed this spot, here, and thought bingo!

It is on a side road which leads to a row of expensive mansion houses facing Blackheath. After 10 ft or so , the road is not made up, and the residents use it as a drive. There is no sign saying private road etc. A pavement goes to point halfway between the pillars.

I don't have a car at the moment, as my old car was a non compliant diesel. So I have borrowed my father in law's [ the red car ].

My wife is antsy, as any ticket would go to her dad. So to placate her, I said I'll check with the members here and move it if necessary.

I realise that, officially, it is parked too close to the junction, but that is not a council matter, and too trivial for the police to be bothered.

Is it subject to the yellow lines here? GSV

This post has been edited by rosturra: Wed, 7 Jun 2023 - 11:17
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post Wed, 7 Jun 2023 - 10:52
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DancingDad
post Wed, 7 Jun 2023 - 12:11
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Hmmm.
My feeling is that as the footway wraps and there is no dropped kerb from it then the yellow lines apply to the main road only, not the drive.
Despite where you parked seeming to be part of council property.
But it is not footway and without a lead from the footway, not a crossover.
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The Rookie
post Fri, 9 Jun 2023 - 07:39
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The lining suggests the council is treating that as a private driveway, and it certainly looks private.

The DYL apply back to the edge of the highway, so the house side of the Footway which may also still be publicly maintained. so AIUI they could issue a PCN even though it's on a driveway, but it would also almost certainly be a trespass and pi55 off the owners of the properties who's driveway it is.

This post has been edited by The Rookie: Fri, 9 Jun 2023 - 07:54


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MMV Redux
post Sat, 10 Jun 2023 - 12:25
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I agree, looks like a private road with upkeep probably by residents so they can apply trespass laws.

This thread is interesting:-

http://forums.pepipoo.com/index.php?showto...t&p=1767017

I still wouldn't risk parking there since it appears to be a "road to which the public has access" and there have been several cases where the effect of DYLs can encroach onto private land:-

https://www.londontribunals.gov.uk/sites/de...n%20refused.pdf

Mick
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DancingDad
post Sat, 10 Jun 2023 - 22:06
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QUOTE (MMV Redux @ Sat, 10 Jun 2023 - 13:25) *
I agree, looks like a private road with upkeep probably by residents so they can apply trespass laws.

This thread is interesting:-

http://forums.pepipoo.com/index.php?showto...t&p=1767017

I still wouldn't risk parking there since it appears to be a "road to which the public has access" and there have been several cases where the effect of DYLs can encroach onto private land:-

https://www.londontribunals.gov.uk/sites/de...n%20refused.pdf

Mick


I can't see that it would be an argument on private v public regarding the DYLs, it comes down to the traffic order that applies the restriction and what it says.
My belief is that the DYLs will only be on the main road and no restriction on the drive, the car is parked on the driveway.. a named driveway.
On which there are no markings so even if within an order, the effect cannot be said to be shown.
This is no different to parking right on the corner on an unrestricted side road, whatever restrictions that may be on the main road do not apply to the side road, even if the nose of the car is over the normal "border" at the back of the main road footway.
Other offences may apply to a vehicle parked in that way, such as dropped kerb (not in this case) or parking that close to a junction.... but that is police not council.

My major concern in London would be footway parking, if they applied the extent of the main road to the tarmac at the entrance to the drive.
But IMO that the footway follows the walls and does not cross the drive, this cannot apply either.
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MMV Redux
post Sun, 11 Jun 2023 - 06:57
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If I lived in an expensive private road I would engage a clamping company.

To me the OP's query was all about risk and we have not provided enough guidance to suggest there is minimal risk.

Mick
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DancingDad
post Sun, 11 Jun 2023 - 08:44
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QUOTE (MMV Redux @ Sun, 11 Jun 2023 - 07:57) *
If I lived in an expensive private road I would engage a clamping company.

To me the OP's query was all about risk and we have not provided enough guidance to suggest there is minimal risk.

Mick


True
But being as we are after the event and presumably Rostura has moved Pa in Law's car, risk of a ticket from council is approaching zero.
It would have to be a windscreen ticket and only if nicked or blown orfe, that would have been found.
No private signs so enforcement of an invoice from a PPL would fail...though Pa may get upset over demands from the company
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rosturra
post Mon, 12 Jun 2023 - 07:14
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QUOTE (MMV Redux @ Sun, 11 Jun 2023 - 07:57) *
If I lived in an expensive private road I would engage a clamping company.

To me the OP's query was all about risk and we have not provided enough guidance to suggest there is minimal risk.

Mick


I thought clamping was no longer legal (except DVLA for no tax etc).

If this was in fact an 'expensive private road' then surely that should be communicated in some way to the public?
That would be my response to any claim if trespass.

I suspect that the houses do not actually own the road, and back in day before car ownership was common, this was access via public right if way over Blackheath Common , which it borders. And that owners have no more legal right to park there than Joe public , but have assumed the right

This post has been edited by rosturra: Mon, 12 Jun 2023 - 07:19
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andy_foster
post Mon, 12 Jun 2023 - 08:25
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QUOTE (rosturra @ Mon, 12 Jun 2023 - 08:14) *
I thought


Shame the others didn't.


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Some people think that I make them feel stupid. To be fair, they deserve most of the credit.
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MMV Redux
post Mon, 12 Jun 2023 - 13:43
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EDIT

This post has been edited by MMV Redux: Fri, 16 Jun 2023 - 14:44
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