Council charging to park on beach

English_Electric

Gwynedd council are charging cars £4 to park on the public beach (at Morfa Bychan). Surely these charges cannot be enforcable on a public beach! :mad:. There is no barrier and there are no signs regarding rules, hours or penalties etc. just a hut where a young man in a small hut. I am considering just driving on to the beach without paying as I see no legal case for the council to enforce charges. Anyone else encountered this or able to clarify the legal position for the motorist?

muckybutt

If its a council owned beach then why shouldnt they charge for parking ?
If you know they are charging and you get a ticket then on your head beit !

Coblcris

It may well be that the beach is owned by The Crown.
I would investigate ownership and the Traffic Order.

English_Electric

muckybutt wrote: »

If its a council owned beach then why shouldnt they charge for parking ?
If you know they are charging and you get a ticket then on your head beit !

That is my question though. Can you get a ticket for parking on the beach? Are these charges enforcable. I have emailed my local council but they are always slow to respond, hence the post here.
As a side point, I think £4 to park on the beach is immoral and unjustifiable.Until today I was unaware of such practice.

withabix

English_Electric wrote: »

Gwynedd council are charging cars £4 to park on the public beach (at Morfa Bychan). Surely these charges cannot be enforcable on a public beach! :mad:. There is no barrier and there are no signs regarding rules, hours or penalties etc. just a hut where a young man in a small hut. I am considering just driving on to the beach without paying as I see no legal case for the council to enforce charges. Anyone else encountered this or able to clarify the legal position for the motorist?

They have been charging for parking there for years - probably several decades.

How much foreshore does The Crown Estate own?

The Crown Estate owns over half of the foreshore around the UK coastline, although much of this is leased to third parties such as local authorities and Natural England.

The remainder is owned by bodies such as the Duchies of Lancaster and Cornwall, local authorities, port authorities, statutory bodies, government departments and the following distinctive examples:

The Church Commissioners in Durham
The Duke of Beaufort in the Severn Estuary
The Beaulieu Estate on the River Beaulieu.
The Crown Estate does not generally own the foreshore around the coastline of Cornwall, Sutherland and the Shetland Isles.

English_Electric

Thanks. I understand that public have roaming right regardless and that ownership is academic. It is on this basis that I believe that parking charges cannot be demnmanded nor enforced, merely solicited. I am not certain however, being only a 'Wiki-lawyer', hence my post.
Incidentally, I learned that the 'charge' recently went up from £1 to £4 in one go! :eek:

withabix

English_Electric wrote: »

Thanks. I understand that public have roaming right regardless and that ownership is academic. It is on this basis that I believe that parking charges cannot be demnmanded nor enforced, merely solicited. I am not certain however, being only a 'Wiki-lawyer', hence my post.
Incidentally, I learned that the 'charge' recently went up from £1 to £4 in one go! :eek:

You may have a right to roam, but that does not include a motor vehicle.

The charge went up by £1 to £4 and this is the summer rate.

Coblcris

The foreshore is the area between high and low water. I seems unlikely to me that parking was happening in that area.

Even though it has been happening for years that does not mean that all the legal requirements are in place.

English_Electric

Coblcris wrote: »

The foreshore is the area between high and low water. I seems unlikely to me that parking was happening in that area.

Even though it has been happening for years that does not mean that all the legal requirements are in place.

here is an aerial view of the beach. The dots you see are cars. they park on the wet sands (foreshore) and indeed on all areas of the beach. Since the beach is a public right of way, I wonder if the council has statutory rule over parking. If not, it is likely that these charges and any subsequent fines are not enforcable, much like in supermarket car parks. I seek clarification however as I am not a legal expert.
http://i875.photobucket.com/albums/ab311/pelican191/ScreenHunter_01Aug072114.gif

Coblcris

Get the Traffic Order (or byelaw) that creates the parking.

English_Electric

Coblcris wrote: »

Get the Traffic Order (or byelaw) that creates the parking.

Where do I get the traffic order?