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stebiz
Can I have your views on a RC86405 Obstruction Notice on Private Land issued by a Police Officer.

I was parked on the right alongside where it says Drive Thru
southpaw82
What exactly do you want a view on?

I have no idea what an "RC86405 Obstruction Notice" is - is it a fixed penalty notice for obstruction or something else?

The fact that the road is "private" has no bearing, so long as it is a road or highway.
stebiz
I was given a FPN. I was under the impression that as it was Private Land that I could not be charged. But if that was incorrect how can I be charged for parking somewhere where it is 3 lanes wide, no warnings, no yellow lines, not on pavement etc.

Just a bit of advice really please.
fatboytim
Match days around Goodison are a complete Lottery as to whether tickets will be issued.
I would suggest it is not a Highway or Road as that is the only entrance/exit to the McD's car park and drive thru.

You can see just about all the car park on the streetview below.
https://www.google.co.uk/maps/@53.436327,-2...QOe2w-g!2e0

Is an Obstruction Notice on Private Land something from POFA?



fatboytim
peterguk
QUOTE (stebiz @ Sat, 4 Apr 2015 - 18:55) *
I was given a FPN. I was under the impression that as it was Private Land that I could not be charged. But if that was incorrect how can I be charged for parking somewhere where it is 3 lanes wide, no warnings, no yellow lines, not on pavement etc.

Just a bit of advice really please.


http://www.legislation.gov.uk/ukpga/1988/52/section/192

in relation to England and Wales, means any highway and any other road to which the public has access,
stebiz
QUOTE (fatboytim @ Sat, 4 Apr 2015 - 19:44) *
Match days around Goodison are a complete Lottery as to whether tickets will be issued.
I would suggest it is not a Highway or Road as that is the only entrance/exit to the McD's car park and drive thru.

You can see just about all the car park on the streetview below.
https://www.google.co.uk/maps/@53.436327,-2...QOe2w-g!2e0

Is an Obstruction Notice on Private Land something from POFA?



fatboytim


Thanks Tim. Another Blue I guess. biggrin.gif I take into account what PeterUK says too and will be sending a letter to the Chief Constable. Can't see how a 3 car wide lane is obstruction even if it is classed as a public highway.
peterguk
QUOTE (stebiz @ Sat, 4 Apr 2015 - 20:21) *
Can't see how a 3 car wide lane is obstruction even if it is classed as a public highway.


Probably because you reduced it to a 2 car wide lane. rolleyes.gif
stebiz
QUOTE (peterguk @ Sat, 4 Apr 2015 - 20:24) *
QUOTE (stebiz @ Sat, 4 Apr 2015 - 20:21) *
Can't see how a 3 car wide lane is obstruction even if it is classed as a public highway.


Probably because you reduced it to a 2 car wide lane. rolleyes.gif


To use that analogy that means that you couldn't park on any road because whichever way it would narrow the road?? rolleyes.gif
peterguk
QUOTE (stebiz @ Sat, 4 Apr 2015 - 20:26) *
QUOTE (peterguk @ Sat, 4 Apr 2015 - 20:24) *
QUOTE (stebiz @ Sat, 4 Apr 2015 - 20:21) *
Can't see how a 3 car wide lane is obstruction even if it is classed as a public highway.


Probably because you reduced it to a 2 car wide lane. rolleyes.gif


To use that analogy that means that you couldn't park on any road because whichever way it would narrow the road?? rolleyes.gif



Depends whether it's causing an unnecessary obstruction.
stebiz
QUOTE (peterguk @ Sat, 4 Apr 2015 - 20:30) *
QUOTE (stebiz @ Sat, 4 Apr 2015 - 20:26) *
QUOTE (peterguk @ Sat, 4 Apr 2015 - 20:24) *
QUOTE (stebiz @ Sat, 4 Apr 2015 - 20:21) *
Can't see how a 3 car wide lane is obstruction even if it is classed as a public highway.


Probably because you reduced it to a 2 car wide lane. rolleyes.gif


To use that analogy that means that you couldn't park on any road because whichever way it would narrow the road?? rolleyes.gif



Depends whether it's causing an unnecessary obstruction.


But surely obstruction, by it's definition. means something can't get past. When I parked there cars could get past. Maybe not in the exact lane where my car was parked but the said can be said for any road. Obviously a car can't go along any lane if a car is parked there. I could understand if I blocked cars going in and out. There are no car parking restrictions there as you can see.
Kickaha
I would say that you parked in a position that would obstruct any drive through queue.

Bottom line on this is it is all the matter of opinion, if you feel strongly about it take it to court and get their view on it.
Jlc
QUOTE (Kickaha @ Sat, 4 Apr 2015 - 21:12) *
...take it to court and get their view on it.

For that is the only 'appeal' option and a not guilty plea could see large costs for the sake of a £30 FPN.

Also, there's a fair chance you'll get a private parking charge issued if you stayed longer than an hour or so (or whatever the restriction is).
PASTMYBEST
Third one of these we've seen in the last few weeks Your's is probably the most bang to rights . but it may be worth a letter to the police. Maybe over zealous officer

Not worth court for 30 quid though.

You did get a win today so worth it?
stebiz
QUOTE (PASTMYBEST @ Sat, 4 Apr 2015 - 21:51) *
Third one of these we've seen in the last few weeks Your's is probably the most bang to rights . but it may be worth a letter to the police. Maybe over zealous officer

Not worth court for 30 quid though.

You did get a win today so worth it?


Yep, parking was £8 so only £22 out of pocket. Will be getting a letter off though.
The Rookie
QUOTE (stebiz @ Sat, 4 Apr 2015 - 20:33) *
But surely obstruction, by it's definition. means something can't get past. When I parked there cars could get past. Maybe not in the exact lane where my car was parked but the said can be said for any road. Obviously a car can't go along any lane if a car is parked there. I could understand if I blocked cars going in and out. There are no car parking restrictions there as you can see.

That's not what obstruction means.....any parked cars causes an obstruction, what you have been done for is causing an unnecessary obstruction, parking in a way that causes more obstruction that is 'acceptable'.
Hotel Oscar 87
There maybe something you have missed.

A little further into the car park to the left of where you suggest you parked is a junction (double-dashed Give Way line) just behind the two waste bins. Further to the left of that is a turn right arrow painted on the tarmac. This suggest that traffic exiting the car park is obliged to turn right towards the camera and that the access road is two-way. This is borne out by the presence of a Give Way warning - the triangle on the roadway directly in front of the camera.

It would seem that you were effectively blocking the exit from the car park and forcing leaving traffic to move to their offside into the path of traffic entering the car park. The access road is hardly three lane.

I'd respectively suggest that a £30 FPN was a cheap deal. Had the officer exercised his powers under s.99 RTRA (as expanded by POFA) and towed your car the bill would have been considerably greater.

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