PCN in a lay-by on unadopted highway?

earlofbarrett

Wonder if anyone can help: I have received a Penalty Charge Notice (PCN) for being ‘Parked in a street during prescribed hours’, however my car was stationed in a tarmacced lay-by with a drop kerb next to an electricity sub station that is leased from the Council by Western Power.

Unlike the lay-by’s 3 streets away there is not a restricted parking sign present and the double yellow lines on the adjoining road have been put on an un-adopted highway, so I am therefore questioning whether the Council can legally enforce this PCN as I would have thought this is private trespass issue if anything?

Many thanks in advance!

flyingscotno1

earlofbarrett wrote: »

Wonder if anyone can help: I have received a Penalty Charge Notice (PCN) for being ‘Parked in a street during prescribed hours’, however my car was stationed in a tarmacced lay-by with a drop kerb next to an electricity sub station that is leased from the Council by Western Power.

Unlike the lay-by’s 3 streets away there is not a restricted parking sign present and the double yellow lines on the adjoining road have been put on an un-adopted highway, so I am therefore questioning whether the Council can legally enforce this PCN as I would have thought this is private trespass issue if anything?

Many thanks in advance!

This is complex one- but yes in certain circumstances, the council can enforce parking restrictions on roads they do not maintain. I assume this is England and I'm not great at the differences between Scotland and England!

It sounds however that this used to be a council road that has been unadopted so whilst the council are not responsible for maintenance, the actual highway rights are still valid. That is to say it is still a public highway I assume as the public used to have right of access which would apply unless a stopping up order has been done.

In that case as far as I am aware, the council, provided there is a TRO which applied and has not been repealed is perfectly entitled to enforce it.

It is still as much an offence to obstruct a unadopted highway- indeed if the power company decided to gate their road they could be in trouble.

earlofbarrett

It's in Wales, but same laws as England. Thanks for the reply, I mentioned the un-adopted highway in the vain hope that it might help my case, primarily however this lay-by/parking bay is not part of the road or highway it is just to the side of it, I suppose like a householder's driveway next to a public highway with double yellow lines.

Therefore I was wondering if it was the lease holders' Western Power that would have to take the civil action of Trespass against me rather than Neath Port Talbot Council issuing a PCN?

Cheers!

flyingscotno1

earlofbarrett wrote: »

It's in Wales, but same laws as England. Thanks for the reply, I mentioned the un-adopted highway in the vain hope that it might help my case, primarily however this lay-by/parking bay is not part of the road or highway it is just to the side of it, I suppose like a householder's driveway next to a public highway with double yellow lines.

Therefore I was wondering if it was the lease holders' Western Power that would have to take the civil action of Trespass against me rather than Neath Port Talbot Council issuing a PCN?

Cheers!

Is the layby just to the side of the main lanes before the pavement? A highway (usually!) includes anything from back of verge/footway to the other back of verge footway.

earlofbarrett

There is no pavement, and it's definately not highway just Council Land leased to Western Power. It is a large sub-station next to the road with a double parking bay next to it for vehicles.

TheBogsDollocks

can you link us to the location via google street view?