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Parked on private land.
CerealKiller
post Sat, 9 Nov 2019 - 11:21
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Hi all.

Recently I received a parking ticket from our local council. I had parked inside double yellow lines in an access road to a farm gate. I don't believe the council own the land and therefore have no right to ticket me. I have genuinely parked there for years without problems, I also have a disabled badge I could have displayed if I felt the need to, but I genuinely didn't think I was contravening any parking laws.

I was about 8 foot ( 2.4m ) inside the lines, I wasn't restricting access as the mouth of the road is huge.

How do I stand ??

Thanks
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post Sat, 9 Nov 2019 - 11:21
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stamfordman
post Sat, 9 Nov 2019 - 11:24
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post all the PCN and the council's pics, and a google street view link.


Put pics on https://imgbb.com or such like.
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DancingDad
post Sat, 9 Nov 2019 - 12:35
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General rule is that yellow line restrictions apply from centreline to boundary of the highway.
Doesn't matter if the council own the land or not, it is what is public highway that counts.
Your description could put you on the highway or outside of the boundary.

We need the pictures etc as per Stamfordman's request
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CerealKiller
post Sun, 10 Nov 2019 - 13:58
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Hi

Had a bit of trouble with my laptop so had to dig out my iPad. My vehicle is the green VW, I am probably 6 to 8 feet back inside the yellow lines. Hope this helps, not sure about how to upload Google Earth images............

Thanks

Attached Image

Attached thumbnail(s)
Attached Image
 
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DancingDad
post Sun, 10 Nov 2019 - 14:27
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Difficult to tell from those.
Find the spot on Google Streetview, copy the address, paste that here.

I think on those pictures I can see.
Carriageway, the bit you drive on.
Footway, for pedestrians
Grass Verge.
All the above are normally part of the highway and the effect of the yellow lines applies.

Then a hedgeline and possibly a wall.
Judging by the shadows, you are behind it.
Fence, hedges, building line all normal indicators of the highway boundary.
You seem to be parked beyond.
But need to see the fuller picture to be sure.

There is also arguments on public access but we need to see the place
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CerealKiller
post Sun, 10 Nov 2019 - 14:50
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Hi.

Sorry, I can see I've linked thumbnails, Im looking after my 3 youngsters ( who are arguing constantly ) and cooking Sunday lunch whilst my wife is out. Hopefully this is better.

Thanks for reply.


https://maps.googleapis.com/maps/api/streetview?size=
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DancingDad
post Sun, 10 Nov 2019 - 15:03
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Links not working for me.
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CerealKiller
post Sun, 10 Nov 2019 - 15:45
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Aargh

Having so much trouble posting any links, I post on lots of forums but for the life of me I'm struggling here. The nearest postcode I can find is SA13 2TW. There you can see a house on a main road ( A48 ). To the right of the house there is a junction on the opposite side of the road. If you were driving and took that junction you will see the road takes a 45 degree bend to the left about 100 yards off the main road, opposite that bend is where I was parked.

I'm not sure how else to help, I've tried my phone, iPad and got my laptop going to give that a try, nothing is working for me ( not helped by "how long will dinner be, I'm starving )

Thanks. sad.gif

This post has been edited by CerealKiller: Sun, 10 Nov 2019 - 15:46
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stamfordman
post Sun, 10 Nov 2019 - 15:56
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here?

https://www.google.com/maps/@51.5505999,-3....3312!8i6656
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cp8759
post Sun, 10 Nov 2019 - 19:10
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Well the ordnance survey says it's a path:



So it comes down to whether it's a road to which the public has access (ownership of the land is irrelevant). I assume the PCN quoted the location as the name of the main road rather than the path?

Post up the PCN and the council photos, try using imgur.com but in any event we need to see full sized pictures.


--------------------
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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DancingDad
post Sun, 10 Nov 2019 - 20:19
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If that is the place, I would be comfortable fighting it.
I imagine the farmer wanting access to his field would be a bit miffed over some muppet parking in such a way to block access and it may well be in response to complaints that CEOs visit that spot.
But the allegation is that you contravened the yellow lines.
And I think you are beyond the boundaries of the highway.
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cp8759
post Sun, 10 Nov 2019 - 21:06
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QUOTE (DancingDad @ Sun, 10 Nov 2019 - 20:19) *
And I think you are beyond the boundaries of the highway.

I don't disagree, but I'd still like to see the CEO's photos.


--------------------
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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DancingDad
post Sun, 10 Nov 2019 - 21:07
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QUOTE (cp8759 @ Sun, 10 Nov 2019 - 21:06) *
QUOTE (DancingDad @ Sun, 10 Nov 2019 - 20:19) *
And I think you are beyond the boundaries of the highway.

I don't disagree, but I'd still like to see the CEO's photos.


Yup.
And the PCN.

Were those thumbnails posted earlier from the CEO?
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CerealKiller
post Sun, 17 Nov 2019 - 08:49
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https://ibb.co/7jWvd5C

If this isn't a correct link can someone please tell me how on earth you post links/pictures on here. It doesnt matter what I do, nothing works ??????????
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CerealKiller
post Sun, 17 Nov 2019 - 09:02
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Right looks like I've finally done it, I've had no picture from the CEO, I wrote to council stating I didn't think they had the authority to ticket me, they wrote back saying they didn't agree and the ticket stands.
They explained why, which strangely included a description of a part of the road 100m further along. They've wrongly assumed I was parked in front of large boulders blocking a track into a small copse on a different part of the road.
Where I parked, the hedge behind my van is the beginning of a wood, the track leads to a farmers gate ( which leads to his fields ) approx 20m back from highway.
Thanks

This post has been edited by CerealKiller: Sun, 17 Nov 2019 - 09:05
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DancingDad
post Sun, 17 Nov 2019 - 09:07
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Lets see what you have please.
Your challenge, their rejection.
And get the CEO photos please, phone the council and ask for copies if needs be.
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hcandersen
post Sun, 17 Nov 2019 - 10:19
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So, you've challenged and this has been rejected.

In order of priority, the next question is: are you the registered keeper with up-to-date DVLA details?

If no, then your direct involvement has ended: whoever is the registered keeper is liable.

If yes, then we need to see their rejection letter - keep in all dates. Once we see this we can establish whether there is an extended discount in play and for how long. This is a factor to take into account.

If you decide to carry on, there's nothing's to be done until you receive a Notice to Owner, and we can determine the earliest date for this to arrive.

And then we can consider the details e.g. PCN, photos etc.

But at present procedural matters take priority IMO.
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CerealKiller
post Sun, 17 Nov 2019 - 13:15
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Bad Links..

This post has been edited by CerealKiller: Sun, 17 Nov 2019 - 13:40
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CerealKiller
post Sun, 17 Nov 2019 - 13:54
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I am the registered keeper.

This was left on my screen.

https://ibb.co/YX0Ty7D



Reply part 1. From Council Parking dept.

https://ibb.co/XzPprp0

Reply part 2

https://ibb.co/FxHwcZv

This post has been edited by CerealKiller: Sun, 17 Nov 2019 - 13:58
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DancingDad
post Sun, 17 Nov 2019 - 14:03
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What large stones that represent the boundary line?

And could you put back up the large picture of your van where it was when you found the PCN pls.
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