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.

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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)


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  1. #1
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    Default Legal definition of verge.

    There are a lot of posts where the poster has been issued a pcnicon for parking on a verge. What is the legal definition of a verge. Can anybody point to statute, common law or case law where the term has been defined.

    As I understand it a road or highway comprises a carriageway (roadway) and verges which is land alongside the carriageway up to the boundary of the road. Is this reasonable? If so there could well be instances where the verge is many yards wide e.g. where a transport authority has acquired land to widen a road or to construct a motorway in the future.

    Where is the law on this?

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  2. #2
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    Default Re: Legal definition of verge.

    Bump


  3. #3
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    cadencealex Novitiate

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    Default Re: Legal definition of verge.

    Was there a kerb to the 'verge'?

    NEXT - sent CCA request - 15/01/09 - not received

    Capital One - sent CCA request - 15/01/09 - received CCA and also offer of £67 which I am not accepting.


    NatWest - sent s.77 letter complaining about default on file 15/01/09 - *WON* Default removed within a fortnight!!

    NEXT - 7/02/09 - sent further letter reminding them of breach of DP

    Cap1 - 7/2/09 - Accept part payment/reminder of default to be removed

  4. #4
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    Default Re: Legal definition of verge.

    No kerb


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    Default Re: Legal definition of verge.

    I was reading somwhere that verges were included to prevent damage to grassed areas. One could assume that if there is nothing to 'damage' then it's not in the spirit of the inclusion. It said where parking is permitted, (which it sometimes is on paved or grassed areas) space should be left for a wheelchair to pass by.

    Somewhere like this:
    London Borough of Bromley | Avoid parking tickets

    But not the statute you were looking for.

    Why aren't we revolting?

  6. #6
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    Default Re: Legal definition of verge.

    Thank you.

    What I need to know is the definition of verge. We tend to envisage a verge as a strip of land usually grassed alongside a carriageway. But how wide is it?. Can it be of any shape. ? If the carriageway extends to the boundary of the road is the grass alongside it a verge? or is it just a farmer's field or a house wall?

    People on these boards have tended to say that a verge is the land between the cariageway and the boundary of a road. Road = carriageway + verge.

    Th offense of parking on a verge is becoming more common so there must be a legal definition somewhere. Where is it? Otherwise offenders would be able to say - 'how can you say I was parking on a verge if you and I do not know what a verge is?' There has to be a definition.


  7. #7
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    Default Re: Legal definition of verge.

    I always thought that a verge was the bit inbetween the kerb and the path.

    Lula


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  8. #8
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    Default Re: Legal definition of verge.

    Quote Originally Posted by pelham9 View Post
    People on these boards have tended to say that a verge is the land between the cariageway and the boundary of a road. Road = carriageway + verge.
    Very little legislation actually refers to a road as a standalone term.

    Highway = Carriageway + verge/pavement

    Highway = that land under the control of the highway authority
    Carriageway = the bit with tarmac on (including traffic islands, etc.)
    Verge/pavement = the bits between the carriageway and the boundary of the highway. Pavement if paved, otherwise verge.

    That's my understanding anyway...


  9. #9
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    Default Re: Legal definition of verge.

    Well the only thing that I am sure about is that you dont park on the bit that isnt the road

    Lula


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    Default Re: Legal definition of verge.

    Quote Originally Posted by Lula View Post
    Well the only thing that I am sure about is that you dont park on the bit that isnt the road
    I'm more concerned with trying to educate my pupils not to drive on the bit that isn't the road without worrying about where they want to park yet!


  11. #11
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    Default Re: Legal definition of verge.

    Quote Originally Posted by crem View Post
    I'm more concerned with trying to educate my pupils not to drive on the bit that isn't the road without worrying about where they want to park yet!
    I always think that people need to remember that they too, were learners once and should show some patience.

    Lula


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    Default Re: Legal definition of verge.

    Quote Originally Posted by Lula View Post
    I always think that people need to remember that they too, were learners once and should show some patience.
    fortunately patience is something I have lots of it would appear.


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    Default Re: Legal definition of verge.

    there are some things that I have an extraordinary amount of patience for and absolutely zero patience for other things

    Lula


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    Default Re: Legal definition of verge.

    Quote Originally Posted by Lula View Post
    there are some things that I have an extraordinary amount of patience for and absolutely zero patience for other things
    and where is your sense of humour on that scale Lula?


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    Default Re: Legal definition of verge.

    about the same I would say

    Lula


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    Default Re: Legal definition of verge.

    You cannot get a pcnicon for parking 'on a verge' so its deffinition is not needed, a PCN would be issued for parking on the 'footway or anywhere other than the carriageway' whether it be a flower bed or a footpath as long as it is not carriageway or a designated parking place parking is prohibited.


  17. #17
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    Default Re: Legal definition of verge.

    G & M.

    I think you mean that there is no such offence as 'parking on a verge' and that posters on this board have been misreporting their offence.

    The offence as quoted by you is also nonsense. Anywhere of what? Presumably you meant to say that the offence is 'parking anywhere on a highway or road other than the carriageway or parking anywhere on a footpath'. Footways can have 'verges'. Your offence would mean I could not even park on my front drive !!

    Then what is the legal defintion of highway, road or footpath? Where is the law?

    There is another situation where the definition of a verge might well be important. I have knowledge of a private estate where the road serving a number of leasehold houses is unadopted and the leaseholders have covenanted with the landlord that they will pay for necessary maintenance of the roadway and its verges (sic) in equal parts. What in these cases does 'verges' mean ? My view is that the term will include all that land between the carriageway and the boundary of the leasehold properties or the boundary of the estate. What say you? What does the law say?


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    Default Re: Legal definition of verge.

    Quote Originally Posted by pelham9 View Post
    Then what is the legal defintion of highway, road or footpath? Where is the law?
    What is defined is a 'road' and a 'footpath'

    Road Traffic Act 1988 s.192

    “road”, in relation to England and Wales, means any highway and any other road to which the public has access, and includes bridges over which a road passes,
    “footpath”, in relation to England and Wales, means a way over which the public have a right of way on foot only,




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