Parking Charge Notice - UK Car Park Management (UK CPM) - double yellows private road.

Bluefeather

For clarity only:
I use term TRegulationO as I live outside of London where they are called Traffic Management Orders. 

Bluefeather

on relevant highway authority site search for definitive map and the actual TMO. From this can establish timeliness. That map is based on some council data than may not be as TMA requires. Could just be an officer marking a road as outside of TMO for mapping when in law it still is under a TMO. 

Coupon-mad

I don't think that road is private either, not that part anyway, due to the tactile paving at the crossing kerb for pedestrians.

That and the continuous DYL tell you that this part of the road at least, is a continuation of the Public Highway.

665321

Coupon-mad said:

I don't think that road is private either, not that part anyway, due to the tactile paving at the crossing kerb for pedestrians.

That and the continuous DYL tell you that this part of the road at least, is a continuation of the Public Highway.

The Highways Register that I downloaded from the Council's website says it is.

KeithP

665321 said:

Coupon-mad said:

I don't think that road is private either, not that part anyway, due to the tactile paving at the crossing kerb for pedestrians.

That and the continuous DYL tell you that this part of the road at least, is a continuation of the Public Highway.

The Highways Register that I downloaded from the Council's website says it is.

Says it is what??  Public highway or private property?

665321

KeithP said:

665321 said:

Coupon-mad said:

I don't think that road is private either, not that part anyway, due to the tactile paving at the crossing kerb for pedestrians.

That and the continuous DYL tell you that this part of the road at least, is a continuation of the Public Highway.

The Highways Register that I downloaded from the Council's website says it is.

Says it is what??  Public highway or private property?

Says it is a Private road.  This same register also has notes against other private roads if only parts of them are private, but for the road in question there is no additional comment, therefore I can only infer that it is wholly private.

Although I'm still not clear if it makes a material difference to my case (and if it isn't relevant then I won't bother mentioning it again) but hopefully I'll get that nailed down once I receive the court claim.

Bluefeather

665321 said:

Coupon-mad said:

I don't think that road is private either, not that part anyway, due to the tactile paving at the crossing kerb for pedestrians.

That and the continuous DYL tell you that this part of the road at least, is a continuation of the Public Highway.

The Highways Register that I downloaded from the Council's website says it is.

Date it was unadopted need a timeline ?
Remember a private road can still have a TMO if landlord agrees. I don't the council just deciding to say road is private to enforce outside of TMA is legal. Only uncertainty is has the process been followed through to amend the TMO to exclude the now unadopted section. 
Get onto the Highways Authority and ask. Request relevant council to get the charge removed. Don't stop asking and emailing chair of relevant committee until you get clear answer. This PPC will take it to court. It's worth avoiding that lottery though the offer to contract could be considered an offer of nothing. 

If TMO has not been amended correctly it's the council at fault and there can be no enforcement by the PPC. 

Ask council. If unhappy with response. Goto Ombudsman where you have better chance of this issue being judged competently. 

Bluefeather

Hope that helps. typo above I don't should be I doubt the council.. 

Bluefeather

Also there should be the TMO decision don't assume the map version is the law/rule as written. 

665321

Bluefeather said:

665321 said:

Coupon-mad said:

I don't think that road is private either, not that part anyway, due to the tactile paving at the crossing kerb for pedestrians.

That and the continuous DYL tell you that this part of the road at least, is a continuation of the Public Highway.

The Highways Register that I downloaded from the Council's website says it is.

Date it was unadopted need a timeline ?
Remember a private road can still have a TMO if landlord agrees. I don't the council just deciding to say road is private 

I have now emailed the council to confirm this.  I probably should have done that a year ago.  No doubt I'll hear back in 3 months 

Cheers