Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    paul1971 Novitiate

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    Default parking ticket in a private road

    please can some one help
    asap as fine needs to be paid by 30/09/08

    To cut a long story short we live in a private road and the council have put a single yellow line outside our house, which we are the land owner and we have to maintain the road.
    We were given a parking ticketicon on the 30/8/08
    we wrote to the council to ask them who gave them permission to put a yellow line in a private road?
    a reply came back saying the landowner did. so we wrote back again asking where the written permission was and who gave it to them? they then wrote back saying the had not got any written permission but they could put the yellow line there without permission from the landowner. (so they are changing there story)
    and they said the residents where consulted about the yellow lines which they didn't do because i have owned this property since 1996 and they stated that they had permission in 1998. The yellow line has a break in it and there is no t bar on the end of the line.
    The day after we sent the council the letter 02/08/08 we received a letter from the highway agency stating that the road is private and that the council have not adopted it. in the mean time about 11.30 that morning the highways agency tryed to paint over the yellow lines that are there so my partner took out the letter and showed them,and they drove off.
    A little while later they came back 3 times to see if our van had moved.
    we are very frustrated that they can do what they like and make up rules as there going along. On the 24/09/08 I rung the highways agency and asked for advice but there was no one there to answer my questions the girl has had to pass it on for someone to look in to and I'm still waiting a reply. rung back a gain on the 26th and spoke to a women and she said there was a legal order on the private road what ever thats mean i dont know!
    They want us to pay the ticket by 30/9/08 or the ticket will double in price and they will take us to court.
    i have got photos of the yellow line.
    i have also sent letters to our local councilor and the chief ex of wycombe district council and awaiting there reply.
    I hope you can find the time to have a look at our problem
    Most grateful
    paula i have letters from council if needed

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  2. #2
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    Default Re: parking ticket in a private road

    Is your street a 'private road' ie there is no public access or is it just not maintained by the Council ie unadopted? The Council can as far as I am aware create a TRO for unadopted roads.


  3. #3
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    Default Re: parking ticket in a private road

    we maintain our road we have no street lights or drain hole coverage and theres no public right of way through its a one way in and out


  4. #4
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    Default Re: parking ticket in a private road

    You need to ask the Council for the Traffic Regulation Order for your street concerning the parking restriction.


  5. #5
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    Default Re: parking ticket in a private road

    we have got a paper with all the tros on it for our area and were on it but the point was we asked thaem a question and they came back with two different replys and didnt know what was what.but the other thing is the yellow line is broken and theres no t t bar
    regards



  6. #6
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    Default Re: parking ticket in a private road

    can they make a TRO for a private road without the permission of the landowners ? did they put notices up in the road as per The Secretary of State's Traffic Orders (Procedure) (England and Wales) Regulations 1990


  7. #7
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    Default Re: parking ticket in a private road

    no notices as far as we know i have lived here for 12 years
    and how do i stand with the broken line and no t bar
    rergards


  8. #8
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    Default Re: parking ticket in a private road

    I dont understand why you stopped them removing the lines, surely that is in your interesticon?


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    Default Re: parking ticket in a private road

    its our packing space outside our house we do not want the yellow line there or every time we park our vechile we will get a ticket we are the land owner not the council they try repaint over the yellow line not remove it


  10. #10
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    Default Re: parking ticket in a private road

    get the TRO. it may just be that that some drone painted lines in the wrong place and a CEO is issuing tickets. If they didn't put up notices on the road then the have failed to follow procedure and any TRO if it exists is invalid based in that alone. The Secretary of State's Traffic Orders (Procedure) (England and Wales) Regulations 1990 this does need bottoming out. don't sweat the small stuff at the moment such as broken lines and T bars which are always a gamble in any case. worth looking at the PATAS Andesron case http://www.parkingandtrafficappeals....anderson47.pdf your road looks seems like it is "Urban Road" (unless the entrance is gated).


  11. #11
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    Default Re: parking ticket in a private road

    what do we do? my reply was as follows

    Code 01 (01 Parked in a restricted street during prescribed hours)
    Dear Sirs,

    Re: Your letter dated [23/09/08] Reference[
    ]

    I refer to previous correspondence.

    [yellow line in a private road with out resident consultation and notices put up]

    The yellow line is broken and not continuous and there is No T Bar to show where the end of the line is.
    Unless you provide evidence to substantiate your claim against me I shall be unable to assist you further in this matter and I restate my denial of this claim.

    Yes or no need help with letter



  12. #12
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    Default Re: parking ticket in a private road

    use the phrase "the TRO is invalid". and get the TRO - you can get a free copy. Local Government Act 1972 (c.70) - Statute Law Database and that the contents are good. The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996 (No. 2489) - Statute Law Database and make sure the procedure was followed - as per the link above.


  13. #13
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    Red face Re: parking ticket in a private road

    im having a bit of a thick day i need help with writing the letter im not that clued up on this sort of thing and need to know what sort of order they need to go in would be very gratefull if someone could help me write it i have the letters from the council if you need to look at would send if need them for informatain
    regards


  14. #14
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    Default Re: parking ticket in a private road

    is this letter an informal appeal ? please post up pictures of ALL of the pcnicon - suitably washed of personal details.


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    Default Re: parking ticket in a private road

    Code 01 (01 Parked in a restricted street during prescribed hours)

    I Believe that Gxxxxs Rxxd is a PRIVATE ROAD and Not a Public Road/Highway,
    As We the residents in Gxxxxs Rxxd have to pay for the up keep of xxx, Not W D Council.
    Having Spoken to the Land Registry Who put me on to the Highways agency to which I have spoken to And they have Confirmed it is a Private Road. To which you have no jurisdiction. If you feel that you do have the right please give me the name and address of those who have given you this Permission so I can write to them as well.
    If you wish to contact me any further on this matter please write to the above address.
    Please acknowledge my letter in writing
    this was our first letter to them
    they replyed with


  16. #16
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    Default Re: parking ticket in a private road

    did you read the Anderson case at all ? "your road looks seems like it is "Urban Road" (unless the entrance is gated)." http://www.parkingandtrafficappeals....anderson47.pdf is your letter an informal appeal ? where are the pictures of the pcnicon ?


  17. #17
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    Default Re: parking ticket in a private road

    lamma im trying to send you all letters but having troble trying to copy and paste is there any other way i can send them to you ie email regards


  18. #18
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    Default Re: parking ticket in a private road

    did you read the Anderson case at all ? "your road looks seems like it is "Urban Road" (unless the entrance is gated)." http://www.parkingandtrafficappeals....anderson47.pdf is your letter an informal appeal ? where are the pictures of the pcnicon ? you are on the wrong track in my view and are not giving us the information we need to help you. read Anderson. post pictures of the PCN.


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    Default Re: parking ticket in a private road

    Quote Originally Posted by paul1971 View Post
    lamma im trying to send you all letters but having troble trying to copy and paste is there any other way i can send them to you ie email regards
    Open an account in tinypic.
    scan your document, edit it in paint or similar to erase personal info.
    Upload that file to tinypic. then tinypic will give you the code to put your document on here.

    Sharpman


  20. #20
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    Default Re: parking ticket in a private road

    i have read through most of it i still cant get pictures etc posted on here any idea how to do



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE