Drive through private road in error

Marktheshark

POPLA need testing on this as point 1 with the more robust point below.
It will be a good test of their "honesty and integrity"

Marktheshark

PS if you can drive "through it" as opposed to on and off it like a car park, it is the Highway, the ownership of land makes little difference.
There is some case law somewhere defining what counts as the Highway opposed to private land.

Marktheshark

Is this it https://maps.google.co.uk/maps?q=york+college&ll=53.930331,-1.114866&spn=0.001263,0.002411&t=h&z=19&layer=c&cbll=53.930331,-1.114866&panoid=GvhZaSadFGFrWupCLXIBCA&cbp=12,155.68,,0,0.5

I see statutory enforcement signs (as in road signs) It looks to me as this might be council owned land, certainly worth finding out.

bazster

They are not fines.

York University has "form" for failing to understand POFA 2012 Schedule 4. It needs pointing out to them in no uncertain terms that their agent Minster Baywatch has no lawful basis for holding vehicle keepers liable for driving on a road or bus lane. Suggest that if they are having difficulty understanding the law they might want to consult their law faculty.

You could also point out that a parking company is currently being prosecuted in Scotland for issuing notices alleging keeper liability where it does not apply. Do the University and its agent want the matter reporting to Trading Standards in England with a view to a similar case being brought?

bazster

Marktheshark wrote: »

PS if you can drive "through it" as opposed to on and off it like a car park, it is the Highway, the ownership of land makes little difference.
There is some case law somewhere defining what counts as the Highway opposed to private land.

Private property can only be highway if the general public has access to it in their capacity as members of the public. If you have to defy some prohibition in order to enter then it's not highway.

Courts have held that even a meaningless "Trespassers will be prosecuted" sign constitutes a prohibition!

DoaM

Marktheshark wrote: »

Is this it https://maps.google.co.uk/maps?q=york+college&ll=53.930331,-1.114866&spn=0.001263,0.002411&t=h&z=19&layer=c&cbll=53.930331,-1.114866&panoid=GvhZaSadFGFrWupCLXIBCA&cbp=12,155.68,,0,0.5

I see statutory enforcement signs (as in road signs) It looks to me as this might be council owned land, certainly worth finding out.

Are you saying signs based on statutory signs (i.e. those that exist in the Highway Code) cannot be used on private land?

Marktheshark

What I am saying is it might be a clue it is owned by the council if it was previously signed by them.

bazster

You can't "drive" along it on Streetview, meaning that Google believes it's private. Not conclusive of course.

Marktheshark

bazster wrote: »

You can't "drive" along it on Streetview, meaning that Google believes it's private. Not conclusive of course.

It has a no vehicles TRO sign, which the council put up.
The ownership of the land is a silver bullet to a PPC.

Marktheshark

As they are a public body, FOI the contract as well they have with Minster.