Please can anyone help.
I have been issued with a parking ticket for parking outside my house on land that once was my houses garden, the railings were removed about 1970 and it has been used for parking since with no problem. Until a parking enforcement official decided it was part of the highway and issued ticket, at the time a member of the public told him it was private and informed me but he still issued ticket. I appealed and sent a copy of the land registry document but lost the grounds they stated were
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I have reviewed the land registry document you have supplied. However as the railings were removed this land has now acquired Highway Rights as the public have had free and unfettered access to the land. It would also appear the area has been maintained from the public purse as the tarmac shows no signs of a border.
As the area has been maintained by the highways department it is considered to be public highway so the Penalty Charge Notice has been served correctly.

I replied explaining that the Tarmac did not have a border as when a developer was building a housing estate behind the property he messed up the front so as a goodwill gesture tarmaced down to the road redoing the pavement too, hence no border but they has still turned down appeal.

I am now stuck as to whether to continue to fight this or give up, pay the fine and put a fence up.
Any advice or help would be gratefully received.

It's status as private land doesn't prevent it becoming or being a highway and thus part of a road.

Lets see the PCN, location and correspondence please.

When we see the docs and GSV, I would hope to see a vehicle crossover which allows you to access and exit the carriageway in order to park on your land. The transverse limits of the crossover would normally delimit the footway as further in either direction would normally be the carriageway and your private property.

But no amount of narrative can replace the photos and GSV.

I hope these help, I have drop curbs both sides to allow drive on / off
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Thanks.

ISTBC, but IMHO, bang to rights on the contravention.

Maybe legitimate expectation? But after first PCN you're then on notice.

Host externally - use Tinypic.

Right way up.

struggle to see photos, but this seems relevant

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

Thanks for all the replies, sorry about the photos I'm new to this. Some of the acronyms are new to me ISTBC ?
I have looked at the Dalwood v city of Westminster case and it does make me wonder if I should continue to fight this or just pay and then find out what fence or border the highways would find acceptable to allow me to park.

This looks like the appropriate Traffic Order:-

https://tro.trafficpenaltytribunal.gov.uk/T...merset/US01.pdf

It mentions a waiver certificate allowing vehicles to park on prohibited roads. Maybe something to check out; as is the legitimate expectation ground for this particular PCN.

Mick

Interesting query.

OP,(that's you) you posted:

'.the railings were removed about 1970 and it has been used for parking since with no problem. Until a parking enforcement official .....'

So this is less to do with the paltry price of a PCN than the principle which could affect the value of the property.

IMO, you have no choice but to take this to adjudication on the principle. You don't want technical arguments around the format of the PCN or wording in documents, you need a determination by an adjudicator as to whether this 'parking enforcement official' is correct or not. So with all respect to MMV about obtaining a waiver (which could be relevant if the matter goes against you) you need to just play this through to the end at adjudication, or earlier if the council concede the point. NB. the council concede the point, not some transient person in the parking section of what might be no more than the enforcement authority's agent i.e. in writing from the Highway Authority.

And on this point, who is who here? You've not posted the full PCN so I've no idea who the enforcement authority are. Given
that Martock is in South Somerset District which is a non-metropolitan district and therefore does not have Highway Authority status or powers, the responsibility for determining what constitutes a road or highway would NOT lie with a 'parking enforcement official' of the district and therefore whether the person who replied to you (where is the correspondence?) was competent to do so seems unlikely. The traffic order was made by the county council i.e. Somerset, the Highway Authority for the area.

+1 -----there are greater things afoot here than a pesky PCN.

Don't pay the PCN or ask for a waiver at this point---it only supports their line that use and ownership of the frontage is as they contend. The value of the property is paramount and the owners rights must be restored either by a Council statement or the boundary being delineated by a wall or hedge preferably the latter because it ain't "works".

Mick

Thank you all for your help, I got my local councillors on board and highways kindly did a site visit, something I have been asking the county council for from the start. The ticket has been removed and as long as I delineate the agreed boundary the problem solved.
Thanks again.

Sounds like a good result so sort out boundary, even if only removable/fold down posts to avoid issue in future. Even a painted line.

Got to say that given the obvious property lines either side and traditional use for parking, I don't think Dawood applies but would have needed an adjudicator to confirm. Major difference is that the private property in Dawood was part of the footway where public had a right of access, not a cul de sac between private boundaries and while they could wander on, nowhere to go.

So, the Highway Authority have conceded the point in writing subject to conditons which you must satisfy by a specified date?

That's the result you wanted.

Keep the letter.