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Michellespice
My property backs onto a council owned car park. When we bought the property in August 2011 the details stated it came with a parking space at the rear. The space is not titled on our deeds, and is not part of the car park, it is unregistered land. We proceeded to park there from this date with no problems and making no payment.
Out of the blue, last August we got a parking ticket, the first of 5 we have received between August 2015 and May 2016.
We continued to park in the same way throughout this time. The first 3 tickets were cancelled stating 'Although your Penalty Charge Notice (PCN) was correctly given, we have cancelled it on this occasion after carefully considering what you say. In future, you will need to park your vehicle totally within your property boundary and not overhang into the car park'
As we were sure we were allowed to park there we continued to do so. We had no problems until another ticket was issued in January 2016. We apealed again, this time the ticket was not cancelled and proceeded to a NTO. At this stage we saw our MP and did considerable research to prove our case. We also attempted to meet a council representative (through our local Councillor who thought we may be able to reach a compromise) but they were too busy.
The problem seems to be that when we park our car it does overhang into the car park, this has always been the case and the car causes no obstruction.
We responded to the NTO with a dossier of evidence to which we had no reply. After 77 days we recieved a Charge certificate. As the charge was out of time (I discovered the council should respond within 56 days) I phoned the council to be told 'Your appeal was not received' when I explained that I had proof of posting/delivery I was told to write a letter explaining the situation. This took more time to collate and send but I did so. Eventually after 92 days since I returned the NTO appeal I got a 'Notice of acceptance of representations' letter. This stated that the delay in a reply was due to them awaiting legal guidance. The penalty was cancelled due to 'the charge certificate being incorrectly sent to you prior to us responding to your representations' although the letter did not mention the time limits being over.
The letter also stated that if we continued to park at our rear we would get more tickets, and we have subsequently received one, which we have again appealed. This one is pending.
I have substantial evidence, including a statement of truth from previous owners which says they parked in the same space throughout the 1990's - and that their car always overhang into the car park, Ordnance survey maps showing a lane which ran behind our property before the car park was built and from which the space in question was formed, this is also clearly showing 2 neighbouring properties who park with no problem on their part of the lane which still exists, council minutes from the 1950's mentioning the private lane at our rear and links from the councils own website to google maps clearly showing our car parked at our rear.
A FOI request states that the car park is inspected at least once every day. This means that the enforcement officer has only noticed a contravention on 5 occasions in over 20 years of inspections.
Until the first ticket was issued we had not received any correspondence from the council about a problem parking at our rear.
All of the tickets show the reason for issue as 86 - NOT PARKED CORRECTLY WITHIN THE MARKINGS OF A BAY OR SPACE. I contest that the space I park in is not a bay or space in the car park, and hope that that would mean that the PCN is automatically invalid? As all of the tickets (so far) have been cancelled I am unsure if the adjudicator would agree. If the reason given on the PCN is incorrect is it automatically invalid?
I am prepared to take this to the adjudicator should the council continue to issue PCN's. I do not understand why they suddenly found this a problem after 20 years of accepting the situation.
Any comments or advice would be gratefully received.
Mad Mick V
Do you have to access the parking space through the car park?

With that period of you could claim adverse possession i.e. register ownership..

Why does the vehicle overhang?

Has the Council recently given the enforcement contract to the private sector or another contractor?

Mick
Gan
How far and what does it overhang ?

A bay ? the roadway ? a patch of grass ?
Michellespice
Yes, we do have to drive across the car park, they accept we have right of access. The vehicle overhangs by approx 1/3 - it has always been that way. Our space is tarmacced - as is the car park. The council has responsibility for the PCN's - nothing has changed in the last 25 years.
Bogsy
can you link us to the location via google maps? Ideally we need to see the earth satellite so we an see your property in relation to the council car park. It would help when linking to explain your entry and access points.
hcandersen
Photos, GSV, name of car park and a copy of the car park order will be needed.

After all your tooing and froing over these past months, I assume that you have the car park order and the annexed plan which shows the boundaries of the car park 'clearly' marked. I say clearly marked somewhat tongue in cheek because plans are not accurate to inches and unless there is a physical barrier or other clear and lawful mark to delineate your land from the car park then IMO '1/3 car' is too small a length to establish clearly any encroachment onto the land which is identified in the order.

So, details please, not narrative.

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