Road markings on Private Land

RP1988

Recently my girlfriend recieved an PCN for parking on a road next to her block of flats on private land. We've appealled to the company issuing the charge and also POPLA, both were rejected.

She parked on the kerb, no yellow lines. My question is can they enforce a parking fine on a public road, without any road markings on the road?

My understanding is that because the road is still easily accessible to a main road, it is still classed as a public highway and still subject all signage and markings. She has a right to park on the land as she owns a flat on the estate, so I don't see how they can enforce parking restrictions without markings.

Any advice will be greatly appreiciated.

pogofish

Start by reading the Newbies Sticky carefully.

Umkomaas

You also need to contact your local council's planning/roads and highways department to formally determine where the public highway starts and ends at the vicinity of your g/f's parking event.

Please tell us who the PPC is as this can help us give you further advice as to what their (and your g/f's) next move might be.

bazster

The rule of thumb is that if a roadway is accessible to all members of the public as members of the public then much of the canon of road law still applies to it. However, if it's only accessible to a specific subset of the public (e.g. residents) then it's not highway. "Accessible" basically means without having to defy some restriction in order to enter (which needn't be a physical barrier, a sign saying "residents only" would suffice to make it not highway).

Coupon-mad

RP1988 wrote: »

my girlfriend recieved an PCN for parking on a road next to her block of flats on private land. We've appealled to the company issuing the charge and also POPLA, both were rejected.

She parked on the kerb, no yellow lines. My question is can they enforce a parking fine on a public road, without any road markings on the road?

My understanding is that because the road is still easily accessible to a main road, it is still classed as a public highway and still subject all signage and markings. She has a right to park on the land as she owns a flat on the estate, so I don't see how they can enforce parking restrictions without markings.

Any advice will be greatly appreiciated.

Oh dear you are very late stopping by for advice when you've managed to lose at POPLA. We win every time, this would have been no different - you appealed about what happened (mitigating circumstances) didn't you, which even the POPLA website tells you they can't consider. Your appeal was doomed and a quick Google of how to win at POPLA would have set you on the right path. You only needed a few words 'the charge is not a genuine pre-estimate of loss'. Too late to win POPLA now.

You'll have to ignore junk mail for MONTHS/YEARS now, like we all did before POPLA came in less than 2 years ago. You missed a trick to stamp out this junk mail, bad luck. Have fun with ignoring & keeping the debt collector letters. Let us know who the PPC is? We can tell you if they ever try small claims (most never do).