Parking in restricted street PCN

[Hereisphilly]

Hi guys, after some advise on a PCN I got about 6 weeks ago, and have finally received the rejection of my unofficial appeal today.

PCN is issued by Lincolnshire county council, code 01 - parking in a restricted street during prescribed hours

[ATTACH=CONFIG]58643[/ATTACH]

[ATTACH=CONFIG]58644[/ATTACH]

[ATTACH=CONFIG]58645[/ATTACH]

 

Attached are the pictures of my car parked in the exact spot that i got the ticket (same day and I didnt move it)

Basically, our house is to the right out of shot in the picure and we dont have a driveway. The road directly outside our house has 2 hour parking restrictions, so we cant park there. We have an agreement with the family run funeral directors (premises shown behind the black gates to the left) that we can park in their unused permanently gated entrance. This has been the case since we moved in 3 years ago, and I havent ever got a ticket, until 6 weeks ago.

 

I challenged the ticket immediately on the grounds that I was parked on private property with the property owner's permission.

Received a letter rejecting my appeal, but if I provided a statement from the landowner saying I had permission, then they would reconsider.

 

I'm fully aware that double yellow restrictions are valid from the centre of the street to the road edge, across any pavement or verge on public property up to the boundary.

The crux of the argument I can see is what is classed as the boundary, and where does that lie?

I'm of the opinion, and so is the funeral director that their lander ownership is a straight line across the mouth of the gate, from where the wooden fence stops, and then the metal fence starts. All the land behind both fences are owned by them. Surely this is classed as the boundary and therefore the double yellow line restriction stop there?

 

Any advice on what to next would be greatly apprecialted

[dx100uk]

you'd have to get them to look at their deeds etc

 

 

no good trying to guess

 

 

if they didn't lay the tarmac that your car is on

I suspect its council sadly

else they would never tarmac it?

 

 

dx

[Hereisphilly]

They're quite a large funeral directors and have been there for years, with 2 entrances (hence why i can park in the one i'm in). The whole of their yard is tarmacked. The bit I park on is the same stuff that covers the of the yard, as you can physically see it going under the gates.

 

So getting the official deeds in the route to go down?

[dx100uk]

they should have their plans as its a business est.

 

 

dx

[Hereisphilly]

Thanks, I've put a call in and am due to go round later on to dicsuss this all

 

I am right in thinking that the boundary that dictates where double yellow line restricitons stop doesnt need to be a physical thing, it can literally refer to the ownership line?

[dx100uk]

afaik the DYL restrictions or whatever will runs to their bounday

[Jamberson]

The land ownership issue is a red herring. It doesn't matter who owns the land, or whether it is privately owned. What matters is whether the public has a right of way over it, and if, in the opinion of the council, it is deemed public access, then regardless of who owns it, it's classed as part of the public highway and is therefore enforceable. The question is open to debate of course.

 

If I were you I would not bother pursuing this - what I would do is take advantage of what the council have offered, and ask for a letter from the funeral director. It sounds like they will just cancel it, and if you keep a copy of the letter, you can produce it again, should the issue ever re-arise.

 

That said, if the Council ever did consider that the spot is part of the highway, then you wouldn't have a sure-fire defence.