Letter Example


I note that the council consider my vehicle to have been parked on land not considered by them to be carriageway. I assume therefore that the council consider this land to form part of a footway.


It is necessary to bring to the council’s attention that a carriageway and a footway do not lawfully exist by default, what actually exists by default is “road” otherwise known as highway. The public have a right of way over any land considered “road” and the means of how the public traverse over it is not restricted by default. Therefore, unless statute regulates the means of travel on a road or part of a road, then it is a free- for- all for any type of traffic, be it by foot, by car, by horse or by bicycle etc as they carry the public who have a right of way. Various acts of parliament were created to bring some order to the use of roads by such traffic. The most notable being the Road Traffic Regulation Act 1984.


The 1984 Act enables a council to regulate by order not only vehicular use on a road but also pedestrian use, see sections 2(3) and 6(1). Therefore a council is able to restrict what class of traffic can use a road or part of a road. Therefore, a right of way for those on foot only (a footway) is not identified simply because a kerb and paving slabs has been laid down, nor is a right of way for the passage of vehicles (a carriageway) identified simply because the council lay tarmac. The 1984 Act clearly treats pedestrians as a class of traffic as equally as it does bicycles, buses etc and therefore any part of a road restricted to use only by those on foot (a footway) is required to be identified in a traffic order in the same way for example, that cycle tracks and bus lanes need to be identified by order.


Procedural Impropriety
The Vehicle in question was parked in the direction of going to Gledwood Drive, if I had not parked on the kerbed carriageway (footpath) it would have obstructed traffic coming in both directions and the vehicle in question would of acted as a blind spot causing an obstruction. As there are two paths one bearing to the left and the other towards the right both blind spots to traffic coming from Glewood Gardens


I’ve attached a manipulated image of Gledwood gardens (data obtained from google maps) The fictitious image example of the difference it would make to the traffic flow and safety by either parking on the carriageway or parking on the kerbed carriageway (footpath).  
Fig 1 shows a car parked off the kerbed carriageway and Fig 2 shows a car parked on the kerbed carriageway (footpath)


Considering the above, for the alleged contravention to be lawfully correct then it is requisite that a traffic order does identify the location where my vehicle was parked as being restricted to use by those on foot only. Therefore I require the council to confirm whether or not the area of road where my vehicle was parked is identified in any order as being a footway. Where an order does exist I require a full copy to be made available to me. If no such order exists then the part of “road” where I parked remains unrestricted highway whereby a right of way for any class of traffic is applicable. Thus that part of road can lawfully be considered as carriageway and as such the contravention did not occur meaning the penalty charge should be cancelled immediately.


I look forward to your reply