Jump to content

pauby

Registered Users

Change your profile picture
  • Posts

    10
  • Joined

  • Last visited

Reputation

1 Neutral

1 Follower

  1. Just an update on this. Received a short letter from Strathclyde Police this morning: "I refer to your correspondence relative to the above and would advise you that there are circumstances present in this case which permit me to direct cancellation of the Fixed Penalty." RESULT! Many many thanks to everybody who responded to my post but particular to Old Snowy for the template. You guys saved me £60 and at a time when I can ill afford that!
  2. I've taken photos and I could get the neighbours to provide statements I suppose if need be. After getting official confirmation from the council (today or Monday) I will then need to look into what I do next! Do I respond saying I dispute it, or ignore it and get a court date? I was going to speak to CAB with regards to it if you guys couldn't help with that part as I'm not engaging a solicitor for a £60 ticket!
  3. According to Google Maps the road, all of the off-shoots (as there are many for other blocks of flats) are called the same thing. Let's call it 'My Road'. However on teh Council's website it says that road opposite house 49 to 57, length 109m, is PRIVATE (their emphasis not mine). I am 47. Block 47 is half on the main 'public' road and half on the 'private' road. My car is parked on the half of the private road outside 47 and half of the private road outside 49. If you see what I mean. So in my mind, it's on the private road. What is on the ticket is 'My Road' but nothing more specific than that. No house number or anything else. Sorry to be so specific, just trying to make sure you know what I mean.
  4. I've just phoned the council and they have confirmed that this is listed as a private road. I also have it from the council's own website that it's listed as a private road. The problem is that it states that it starts to the block NEXT to mine. My block is half on the main road and the private road. My car is parked half across from the block next to mine and half across mine In my mind it's parked on the private road (you can clearly see the tarmac line on the public road to show where the private one starts). In effect they couldn't put it as starting on my block as it's half on the main road. Nothing is straightforward. I'm going down to the Roads Department with a map to get a clearer confirmation. I also spoke to DVLA this morning and they confirmed that if the car is parked on a private road then there is no need to display road tax.
  5. So all I have to do is determine if it's a public road or not and that is a done deal? I will call the council tomorrow and see if I can get some pointers from them or where to go next. Car is going tomorrow (sold it as I said) so I will need to take a lot of photos to show where it is sitting. Took a few but I don't think you can take too many!
  6. According to the Road Traffic Scotland Act 1984, Section 151 "definition"a: “private road” means any road other than a public road; “public road” means a road which a roads authority have a duty to maintain; Which is pretty clear cut. If I can establish if the Roads Authority have a duty to maintain the road my car was on then I will know if it's a public or private road. All I then need to know is if the Police were allowed to issue the FPN on a private road? @esmerobbo said they can. Can I get some confirmation or back up for this or something to refute it? This Anybody? Or anybody know how I would find out?
  7. Okay, can I just confirm as the advice is now on one track but was a little different earlier. 1. If it is a private road, the notice does not apply. If it is a public road - it does? 2. I need to establish if this is a private road and the definition (without reading the Roads (Scotland) Act 1984 which green_and_mean supplied - I will read this but haven't as yet) is that the roads authority have a duty to maintain? If 2 is correct, how would I establish this? Contact the Roads Authority? Don't know who that is but I assume the council would tell me? I have another issue - this may just be semantics. The ticket is said that the car was on the main road - it's not. But Google Maps (and I assume other maps but I don't have a paper one to hand) doesn't have a name for the road the car was on. All that appears outside are flat numbers on a sign pointing up the road. Does that make any difference at all? @green_and_mean - I appreciate your advice and everybody elses. I'm just new around here and new to tickets!
  8. I'm sure the cover to it said Parking Ticket. Wouldn't swear to it but that's why I thought it was a parking ticket. As I said, second one Ive ever had. No point in dragging it to court if there is no defence. I thought it was a private road (yes it has access from the public road) which is why it was left there while I tried to sell it. I also told DVLA it was off the road (SORN) and kept the insurance on it up until recently (it expired on 23rd August - this get's worse). As I said, its' been ignorance not maliciousness that's been the cause here. Although ignorance is no defence in law!
  9. Cheers for the nice response. I thought a parking ticket was making it clear. This is only the second parking ticket I've ever had so treat me gently. I've checked it and it's for: "14. The vehicle was not displaying a current excise licence (Section 33(1) of the Vehicle Excise and Registration Act 1994). Payment of the fixed penalty notice does not discharge liability in respect of excise duty." £60 fixed penalty notice. Issued by Strathclyde Police. Is that what you're looking for?
  10. I'm hoping somebody can help me with this. Bear in mind I am in Scotland. I have had my car parked outside the house on, what I believed, was a private road since May. It has had no road tax since that time. I have been trying to sell the car but as it was on a private road, there was no issue. I have just noticed there is a parking ticket on the car date 8 September (been on holiday). However, I am wondering if somebody can tell me if it is valid and how to go about proving it's not. There is a main road, maintained by the council. There is a small road off of this that runs in front of the flats that I stay in.. This small road is a dead end - only access in and out the same way. I have only been here 6 months, however the neighbours have told me that the blocks further up the road paid for new tarmac on it as the council have nothing to do with it. So from my understanding this road is therefore private to an extent, but certainly not public. My car is parked about 6 feet off of the main road on this private road. Can somebody tell me: 1. If what I say above is correct, is the ticket valid? 2. How do I go about getting information to prove the road is private? I have sold the car tonight (sods law) which is how I found out about the ticket. I have taken photographs to show my car on the road but they show it today. I'm sure neighbours would provide evidence that it was there before the ticket was put on it. Can anybody advise if there is anything more, or any specific photos I should take before the car goes tomorrow morning? I've been googling but the majority of answers seem to be related to England and Wales. I just want to clarify that I'm in Scotland, and want to know if that makes a difference to any rules or laws. Any help appreciated.
×
×
  • Create New...