Council PCN on Private Property

[webbscatering]

Evening

 

the Wife was given a Council PCN for parking on the loading bay behind her hair salon, she has parked there for over thirty years and for some unknown reason was given a Code 01 PCN from the council.

 

The area in question is owned privately and has given the businesses that rent his unit full permission to use this for parking as well as loading and unloading of their vehicles.

 

Needless to say the council cannot put up "no parking" signs as this area as it's not owned, maintained or serviced by them so they have no rights of ownership.

 

Does she have a case to appeal the PCN or should she pay?

Council PCN Private Property.pdf

[Michael Browne]

It's unlikely that the private land extends as far as the kerb, some of the land your vehicle is parked is likely to be public footway.

 

Even then there is the decision of Dawood v PATAS which basically found that if the public have unfettered access to private land adjacent to the public highway, then the parking restrictions that apply to the highway also apply to the prvate land: (put Dawood in the search box)

Key Cases | London Tribunals

WWW.LONDONTRIBUNALS.GOV.UK

However  I would appeal on the grounds that the contravention did not occur, that it is private land  (if you can include  the Land Registry entry) and you have been parking there for 30 years

[stu007]

Hi

 

I have to agree with the above post as I also do not think the Private Land will extend as far as the Kerb and would be classed as a Public Footway.

 

I think you need to check the Land Registry (note their is a cost for this service) to check it is classed as Private Land to assist in your Appeal.

 

Do you know how long the Double Yellow line have been in place?

 

This is my air of caution if on checking the Land Registry it is NOT Classed as Private Land and is a Public Footway then you need to bear in mind irrespective that you have parked their for 30 years you still have to abide to the Highway Code and as you were not only parked on a corner, parked on a Public Footway also avoiding the Double Yellow line restriction in place on that junction.

 

The Highway Code Rule 243

 

•  Opposite or within 10 metres (32 feet) of a junction, except in an authorised parking space

•  Where the kerb has been lowered to help wheelchair users and powered mobility vehicles

•  In front of an entrance to a property

•  On a bend

 

Waiting and parking (238 to 252) - The Highway Code - Guidance - GOV.UK

WWW.GOV.UK

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This Highway Code applies to England, Scotland and Wales. The Highway Code is essential reading for everyone.

 

 

Questions and Answers for the UK drivers - THE HIGHWAY CODE

WWW.HIGHWAYCODEUK.CO.UK

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The nearest you can park to a junction is 10 metres (or 32 feet).  This is to allow drivers emerging from, or turning into, the junction a clear view of the...

 

 

 

Waiting and parking - Parking (239 to 247) - THE HIGHWAY CODE

WWW.HIGHWAYCODEUK.CO.UK

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Use off-street parking areas, or bays marked out with white lines on the road as parking places, wherever possible.

 

 

The Highway Code Rule 238

 

You MUST NOT wait or park on yellow lines during the times of operation shown on nearby time plates (or zone entry signs if in a Controlled Parking Zone) – download ‘Traffic signs’ and ‘Road markings’. Double yellow lines indicate a prohibition of waiting at any time even if there are no upright signs. You MUST NOT wait or park, or stop to set down and pick up passengers, on school entrance markings when upright signs indicate a prohibition of stopping.

Law RTRA sects 5 & 8

 

Waiting and parking (238 to 252) - THE HIGHWAY CODE

WWW.HIGHWAYCODEUK.CO.UK

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You MUST NOT wait or park on yellow lines during the times of operation shown on nearby time plates (or zone entry signs if in a Controlled Parking...

 

 

 

 

 

[Manxman in exile]

Just to clarify for the OP (in case he's wondering) the effect of double yellows extends right up to the property line (probably the building line in this case) and isn't just confined to the "road" itself.  So even in those parts of the UK where parking on the pavement is permitted, a DYL will prevent pavement parking.

 

As suggested, if she's been parking there for 30 years with no problem, she could try arguing that she had a legitimate expectation that the DYL would not be enforced.  But she'll need to find somewhere else to park in future as she now knows she can no longer park there.

[Jamberson]

Late to this one, but just for future reference - these parking restrictions are applicable to the "highway", which comprises carriageway, pavement and verge.

 

For them to be inapplicable, the area would have to be off-highway, which is practice means a passer-by would have to recognise they don't have free access to that piece of land - so there would need to be some sort of barrier, such as a fence, to communicate it.

 

Since any member of the public would consider themselves free to walk over that bit of land, it forms part of the highway. The issue of ownership is irrelevant - private or public, the highway is enforecable.