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Can I park here?

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A couple hundred yards walk to work, I have found a spot of waste ground, just big enough for my car. The road next to the ground has a single yellow line, which I have to drive over to park on the ground. So the question is: While I mustnt park on the road side of the yellow line, is it an offence to park inside it?

 

Obviously, the waste ground would belong to someone. So assuming I cant get a PCN, What happens if I park on the waste ground?


Its WAR

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Yes somebody will own it and you run the risk of being clamped or towed

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Yes somebody will own it and you run the risk of being clamped or towed

 

Only if it is signed.

 

I reckon if it is land to which the public has access you can still get a PCN.


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Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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Well it could be a contravention (not an offence) if it's a verge or you park too close to the other side of the line. The yellow lines cover the area extending outwards too, although not if it's private land (usually).

 

They can't clamp/tow if there are no signs. But then it's not unknown for them to turn up with signs and then clamp.

 

A photo would be useful.

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Well it could be a contravention (not an offence)

 

It could be either as we don't know where the OP is parking.

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A PCN can't normally be issued on private land.

 

However - If the land would appear to a passer by to be openly accessible - if it looks like part of the footpath, or if it looks like a verge which anyone could walk on etc, then it will probably be viewed as part of the highway rather than a private area.

 

The yellow line extends across the whole highway, including carriageway, path and verge, up to the building itself - so if you park on (what seems to be) the highway, with a yellow line in play, the restriction applies and a PCN can be issued.

 

Only you know what the site looks like - you'll need to use your judgement. Of course if you want to put photos on here, it will help someone advise.

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OK. I will park on it tomorrow and see. It will take a couple days to take pics in daylight. So I will figure out how to post these (I dont know how to post pics). Try a google earth ref 51 00 38.87N,3 05 52.48W and you get a good idea. Its a triangle and you can see the yellow line.


Its WAR

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Only if it is signed.

 

 

Correct but when have legalities bothered the pirate clamping / towing firms

 

Yes it is possible to take them to small claims court and claim back the release fee but it is a lot of hassle

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GOT A PCN for parking on it today. Code 1 Parked in a restricted street during prescribed hours.

 

The area definately looks more like a a bit of waste land, or unmaintained lay by. Certainly not at all part of the highway. If it were highway, I would have expected the area to have been tarmaced and the yellow line curving into it not cutting across it. The area is not attached to a verge, pathway or pavement.

 

I will take a pic tomorrow.

 

As to the appeal. I can make an informal appeal and may get let off. But that is unhelpful as I really want to get to a formal appeal and win, assuming if I win, I will be able to commence parking there in the winter.

 

So I need an interesting defence. The appeal will of course be based on the premise that the contravention did not occur.

 

The area certainly is ambiguos.


Its WAR

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Is this it.....???

 

googleEarth.jpg

 

Doesn't look in anyway or shape to be waste ground to me?? :confused:

It's right next to the road...

The yellow line (IMO) would extend back to it.

 

As for prescribed hours, what does the time plate say ?

 

Could also be done for parking to close to a junction?

Causing an unnecessary obstruction??

Someone more knowledgeable will advise, I'm sure..!

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A yellow line whether single or double applies to a "side of a length of road" not the whole carriageway or highway and not necessarily as commonly believed, from the centre of the carriageway to the highway boundary. As "roads" come in different shapes and sizes a "side" of road does not necessarily begin smack bang in the centre of the carriageway but rather where ever the middle of the "road" happens to be. Depending on the geography of a road it is possible that the carriageway could all be on one side of a road with a large verge on the other side.

 

http://www.opsi.gov.uk/si/si2002/023113ba.gif

 

As it applies to a side of road you need to be aware of what is considered as road.

 

Road is defined as any length of highway or of any other road to which the public has access and includes bridges over which a road passes. (Section 142 of the Road Traffic Regulation Act 1984).

As it is any length of "highway" you need to establish what is considered as highway.

Highway is defined as a way over which all members of the public have the right to pass and re-pass without hindrance. (Common Law applies as it is not to be found to be defined in statute)

Adjudication cases have determined that ownership of the land does not determine whether land can be considered as highway. It hinges on whether the public are able to pass and repass over the land without hindrance such as fences or other obstacles.

From what you describe I would say you were parked on public highway as you drove onto and off the land without any hindrance.

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Great pic. Yes the area is where detailed, just underneath the curve of the dotted line. You can just see the yellow line cutting straight across the triangle. The yellow line continues into the square tarmac section of dead end road to thr right of the curve, and back down the other side of the road in one continuous sweep. The space I parked on is a muddy entrance to an overgrown farm gate. It doesnt look maintained or adopted.

 

It never occured to me that you could not park inside a yellow line. So I am not encouraged by the above two posts. As for driving onto it without hinderance, it was just the same as driving onto a layby, or passing place in a country lane. Why wouldnt the yellow line have been painted into the space rather than cutting it off? Probably because its just a muddy area and looks nothing like the road.

 

I will still try to put up a photo tomorrow. There are a few small yellow time plates banning parking between 8am and 6pm. One of them is on a tree inside the area concerned.....oooops!

Edited by Its WAR

Its WAR

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