Car left on private road

Sgt_Pepper_2

paddedjohn wrote: »

So my driveway is part of th highway then eh? Think il call the council to do some repairs on it.

He's talking crap again.

stormbreaker

vax2002 wrote: »

Does it have a clearly defined boundary ?
Could be a strip or line, a row of studs, a painted line, a sign something that would indicate the land is bordered from the highway, if not then your answer is yes it is the highway and case law exists to say any bit of road that can be driven in to without a "clearly defined boundary" is the highway.

Will the council maintain it, no !

Don't know the legal defination of a 'highway' However a 'Road' as defined by the Road Traffic Act is

Any way other than a waterway over which the public have a RIGHT of access (includes walkways and bridleways)

So NO a private drive, private parking bays, private roads are not roads as defined by the RTA

stormbreaker

Sgt_Pepper wrote: »

He's talking crap again.

Your right! Is it a habit?

RoxRoxBling

Get the registered keepers address from DVLA, then send them one of them phoney parking fines that there's so much talk about!

System

Lord Sands in Harrison v. Hill 1932 J.C. 13, 16:

"Any road may be regarded as a road to which the public have access upon which members of the public are to be found who have not obtained access either by overcoming a physical obstruction or in defiance of prohibition express or implied."

and

"I think that, when the statute speaks of 'the public' in this connection, what is meant is the public generally,

No physical barrier, no express prohibition, no implied prohibition in this case.

BTW private drives don't fall into this category because

a road as "a definable way between two points over which vehicles could pass."

ref: Oxford v. Austin [1981] R.T.R. 416, 418 Kilner Brown J.
So, as this private road goes to, presumably, car parking as the second point then as there is no implied or express prohibition or barrier then it is public highway.

Note: a public highway can still be an unadopted private road, it does not need to be maintained by council/highways agency.

Notmyrealname

thor wrote: »

A few facts :-
We have not signposted the road as being private but there are no road markings.

So how are they supposed to know it is private? Many roads don't have any markings on. My street doesn't and most of the ones on the estate don't.

The car is in good nick and is licensed so it is unlikely it has been
So if the car has not been stolen who do we report it to if the owner decides they will use our road as a car park? Is there actually anything we could do about it legally at all?

Well if you're stupid enough not to put sign posts up, how are they expected to know?

vax2002

Revoke the implied right of access.

TrickyWicky

ppc_guy wrote: »

Failing that myself or most other PPC's on here could come and remove it for you with 24 hours notice.

What planet are you on? You have no right to remove a car from someones property at all. You don't just ring a PPC and ask for a car to be removed. You have to be a licensed vehicle immobilizer with the SIA for that and there must be signs up warning of it.

Clearly you're talking BS. If there were any signs up the op would of mentioned this and gone straight to the PPC enforcing the land. Therefore your suggestion of any PPC removing it within 24 hours is a load of tripe dished up by an amateur PPC employee - YOU - who has no clue but thinks he's doing a good job being dishonest..

Strider590

Could it be a stolen vehicle?
Thieves like to leave cars for a few weeks in a street somewhere just in case they have a tracker fitted OR if they intend to use it for a robbery/etc.

ppc_guy

TrickyWicky wrote: »

What planet are you on? You have no right to remove a car from someones property at all. You don't just ring a PPC and ask for a car to be removed. You have to be a licensed vehicle immobilizer with the SIA for that and there must be signs up warning of it.

Clearly you're talking BS. If there were any signs up the op would of mentioned this and gone straight to the PPC enforcing the land. Therefore your suggestion of any PPC removing it within 24 hours is a load of tripe dished up by an amateur PPC employee - YOU - who has no clue but thinks he's doing a good job being dishonest..

Donk! incorrect. A sign can be erected by the PPC who can then come after 24 hours and remove the vehicle. The fact the person removing the vehicle has to be licensed is defined under law and i didn't feel the need or requirement to spell it out to pedantic fools on here.. but if needs must....