We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

New unexpected ticket

1567911

Comments

  • Tilt
    Tilt Posts: 3,599 Forumite
    edited 29 December 2016 at 1:46PM
    Just came across this.

    Having taken a look on Street View, it occurs to me that the layby COULD actually be part of the public highway as there is no physical boundary between the two. In fact the public footpath follows the contour of the layby between the adjacent building and the public road. However, it's interesting to note that the double yellow lines along the road break for the entire length of the layby. But surely it's maintained at public expense?

    Has the OP established whether the layby is in fact part of the public highway?

    Seems to me it's like a normal loading bay to me which the private company has 'adopted'.

    Here is the Google Street View link. Others may wish to comment.

    https://www.google.co.uk/maps/@51.596811,-0.245135,3a,75y,84.41h,97.34t/data=!3m6!1e1!3m4!1skQwguhMV6583Bq-2ODFj4Q!2e0!7i13312!8i6656!6m1!1e1
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • @Tilt I've called both Highways England and Barnet Council, neither of which could confirm to me if this part of the road is owned by the council or private.

    The most I got was from Barnet Council who said they've logged my enquiry with the Highways Officer and will get back to me by 12th Jan :/
  • Coupon-mad wrote: »
    If it is free then yes, use your insurance legal cover'. Not if it isn't free.

    It would be interesting to see if they think the Beavis case crushes all defences. If they think that, they are very much mistaken.
    Is that a good idea, C-M? Or is this for the OP to find out whether their legal cover hotline's advisers are actually clued up or not?

    (I read the other thread where someone else consulted their insurer's legal cover hotline and the advice given was, shall we say, rather lacking?)
  • Tilt
    Tilt Posts: 3,599 Forumite
    @Tilt I've called both Highways England and Barnet Council, neither of which could confirm to me if this part of the road is owned by the council or private.

    The most I got was from Barnet Council who said they've logged my enquiry with the Highways Officer and will get back to me by 12th Jan :/

    I find that bizarre but not surprising.

    In my opinion the layby MUST be part of the carriageway as it will surely be maintained by the local authority. Normally a carriageway includes any adjacent area up to a wall, hedge or building so that means any pavement or footpath is part of the carriageway. In this case the layby is between the pavement and the road thus it should be considered as part of the carriageway. If this is the case then obviously I cannot see how a PPC would of jurisdiction or authority over the layby.
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • Coupon-mad
    Coupon-mad Posts: 155,619 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Is that a good idea, C-M? Or is this for the OP to find out whether their legal cover hotline's advisers are actually clued up or not?

    (I read the other thread where someone else consulted their insurer's legal cover hotline and the advice given was, shall we say, rather lacking?)

    Yes, I only said it to test the advice being given, if it's free they may as well ask!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • hoohoo
    hoohoo Posts: 1,717 Forumite
    @old dinosaur
    @Coupon-mad
    @The Deep

    What was the outcome of this case? I'm in a similar position (will start a separate thread)...
    But most of these threads never tell how it went! Would love to know

    Many thanks,
    S

    This is still in progress. No hearing date set yet.
    Dedicated to driving up standards in parking
  • hoohoo
    hoohoo Posts: 1,717 Forumite
    @Tilt I've called both Highways England and Barnet Council, neither of which could confirm to me if this part of the road is owned by the council or private.

    The most I got was from Barnet Council who said they've logged my enquiry with the Highways Officer and will get back to me by 12th Jan :/

    http://www.times-series.co.uk/news/14440345._Lucrative__parking_space_should_actually_be_managed_by_council/

    A Barnet Council spokesperson, who the authority refused to name, said: “The parking space next to Sainsbury’s on Grahame Park Way is currently owned by Choices for Grahame Park Limited.

    "The space is designated as a loading bay and as the parking ticket was not issued by the council we are unable to comment on it.”
    Dedicated to driving up standards in parking
  • hoohoo
    hoohoo Posts: 1,717 Forumite
    pappa_golf wrote: »
    your court , they will hire a local to represent them on the day

    You might get Georgina Philpot

    http://parking-prankster.blogspot.co.uk/2016/11/pcmuk-youve-been-gladstoned-no-evidence.html
    Dedicated to driving up standards in parking
  • Umkomaas
    Umkomaas Posts: 43,766 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    this sc@m above is as bad as the one in Spinningfields in Manchester (E S Parking?)
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.1K Banking & Borrowing
  • 253.5K Reduce Debt & Boost Income
  • 454.2K Spending & Discounts
  • 245.1K Work, Benefits & Business
  • 600.7K Mortgages, Homes & Bills
  • 177.4K Life & Family
  • 258.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.