Private land disguised as public highway

Coupon-mad

I’ve heard of the Dawood case, which decided that the land that he thought was his outside his surgery was Council enforced as he didn’t own the tarmac top.

Castle

Here's the somewhat brief judgment refusing permission to appeal; (the important thing seems to be that the Street was subject to a TRO, and it was in London):-https://www.londontribunals.gov.uk/sites/default/files/keycases/Dawood Footway Parking Sedley LJ permission refused.pdf

neilsims

The land in my case is not a TRO. It is a public highway to anyone looking at it; maintained by the local authority and has streetlights and kerbstones. I would therefore argue that although the subsoil is private land, the surface is public and has been used as such for hundreds of years. Therefore the subsoil owner would need to apply for planning permission to convert a public highway in to a carpark to allow them to charge parking fees on it. No planning permission has ever been sought. Does anyone think this helpful to my case, even if it is supportive evidence?

Fruitcake

Include anything you think might help.
Planning permission covers the use, construction, ANPR camera installations including junction boxes if used. Advertising consent covers signs. Not having it is a criminal offence, but only the council can pursue it. 
Para 12 of the PoFA also covers statutory requirements for the display of signs. I would suggest this includes advertising consent.

neilsims

Cheers. I will use that. Witness and defence statements now run to about 30 pages all told. Hope it is enough to win this case.

neilsims

I submitted my defence last month and got an acknowledgement from the court. DCB legal have now written to me to say they have reviewed my defence and intend to proceed. They have also included a 'file directions questionnaire' which the claim the court will send me as well. There is then a phone number to ring, where their client may be prepared to settle the case. The letter says any discussions are without prejudice. I only intend to settle on the basis that I owe nothing. 
I presume that the opinion on here is to ignore the offer and wait until the court takes it further?

Jenni_D

N180 DQ? You can download one from the CCBC, complete and return it (file by email with CCBC, serve by copy to the claimant). A guide to completing the DQ is linked from the NEWBIES thread as part of the court process guide. Do not complete and submit the version they sent you.

You could email them a drop-hands offer ... they cancel the claim and you both walk away bearing your own costs. They will probably reject this, but you could then use this in court when costs are determined (when you win ) to show that you gave them the opportunity to a) minimise their costs and b) save court time.

It may also be a precursor (after you've filed your WS) to them discontinuing the claim.

neilsims

It is all bullying tactics to get money out of people. I will email them a drop-hands offer, saying I may use that in Court when costs are determined. If they refuse, I will complete the N180 DQ from the Court site and email it to the Court and copy to the claimant.

KeithP

neilsims said:

I submitted my defence last month and got an acknowledgement from the court. DCB legal have now written to me to say they have reviewed my defence and intend to proceed. They have also included a 'file directions questionnaire' which the claim the court will send me as well. There is then a phone number to ring, where their client may be prepared to settle the case. The letter says any discussions are without prejudice. I only intend to settle on the basis that I owe nothing. 
I presume that the opinion on here is to ignore the offer and wait until the court takes it further?

You knew this was going to happen.

Items 6 and 7 on that list you were following when you filed your Defence are...

Items 8, 9, 10, 11 and 12 on that list are probably worthy of your attention too.

neilsims

Just looked on the newbies thread but can't see the list of what to do in your defence numbered 1 to 12. I must have seen it as I followed it to file my defence. Anyone got a link to it so I don't fail to follow parts 8 to 12?