Barnie

[barnie24]

Hi Everyone

Have just found this forum and wondered if anyone can help. We live on a private street maintained by the homeowners. Parking is becoming an issue due to surrounding streets being enforced with parking restrictions. We have public highway rights but my question is this

1 Can we enforce parking restrictions if applied ourselves?

 

Any thoughts

 

Barnie24

[crem]

I think the only thing you will be able to do that could be effective would be to restrict access (eg some type of lockable gate etc to which only the residents have the key) Maybe you could even go hi-tech and have one of those clever raising bollards that they put in city centre bus lanes that are triggered with a key fob.

 

If you only went down the route of putting private parking invoices on stranger's cars, then if they came on this forum having received one, they would be immediately advised to ignore it no doubt.

[barnie24]

Thanks for quick reply Crem, my answer to that would be if only!

As it is a private street with public highway rights we can't stop access ,allowing to pass and repass, BUT wondered about parking. Council won,t allow a gate.

 

Barnie24

[crem]

Sorry, didn't realise it had public right of way. I assumed it was a cul de sac or something similar.

 

Having said that, I am amazed you have a private road, maintained at the cost of the residents, yet the council are claiming there is a public right of access through it. Are you sure those details are correct?

[barnie24]

99.9%. the road is 125 years old and all original!

Weekends are empty so we need to somehow control parking weekdays!

always been a private street but the council says with public highway rights.

 

barnie24

[rickyd]

Just because the road isn't maintained at public expense doesn't mean the council can't help with parking issues, especially if it is a public highway. this is particularly relevant if pavements or gateways are obstructed.

 

Is this what's happening or is it just strangers parking in your street denying spaces for residents?

[barnie24]

Thanks for your input. One of the problems is we have a station in the road. Whilst this hasn't been that much of a problem now surrounding roads are getting restrictions it is putting pressure on us. People park right up to driveways either side making it difficult/impossible to get in or out and also one end of the road when parked either side, cars are unable to pass.

[rickyd]

Speak to your local council traffic enforcement manager and explain that this is causing difficulties for you and the other residents and that the council are also losing money from these people not paying to park in other places.

 

Failing that the Police have powers they can use where people are obstructing the highway, which this seems to be.

 

I did a little invstigating and discovered that the general rule is "once a public highway, always a public highway" seems to be the rule. There are circumstances where the status can be changed, but these are rare and generally pretty extreme. Althoug it seems anomolous it is perfectly proper for a road to be maintained by individuals yet be a public highway. A right of way is something entirely different however, but that doesn't seem to apply in this case.

 

Overall I'd say your firststop should be your council or local councillor.

[Al27]

Could always put up a sign saying that non-residents will be clamped, and then just put a clamp on your own car every now and again as a deterrent.

[rickyd]

great idea except that it's a public highway and most people are smart enough to realise only police and DVLA can clamp on these. It may wdissuade a few people though!

[Al27]

How about a spray can, ruler and number stencils?

 

Make your own spaces.

 

Best to do it in the dead of night though.

[rickyd]

Love it, great idea!