Private parking ticket issued on land not owned by the property!

Fruitcake

nicestrawb said:

You have provided enough evidence to suggest they don't own the land. They have provided nothing to suggest that they do, other than waffling on. There is nothing more you need to do. They can try to take you to court if they like but it doesn't take a rocket scientist to work out what would happen.

I love you signature. 

Johnersh

Has a search been done with the local authority to establish if the road is adopted highway?

A search of the index map (SIM) can be done to establish what title exists within a shaded area that you draw. That was probably the ideal start point.

This is obviously not within the 30-50cm margin for error the land registry refers to. 

Snakes_Belly

It would be useful to know where this is. It's not the first time that motorists have come to the forum because they have been ticketed on a public highway. 

Trainerman

Just to add my 18 cents. I agree with the posters above. That letter which you quoted is just a load of hot air, designed to make you think that they really know what they are doing , and you should pay up quickly. Load of tosh !  Yes, Land Registry plans for conveyancing are indicative, not definitive, so there may be a margin of error, but not what they are trying to suggest.

They have been ticketing where they should not, but being strangers to honesty want to push on with scaring you into paying rather than admit their error.

Excuse a little pedantry, but if I understand the 1980 Highways Act correctly, if the road has been used by the general public for 20 years or more, it IS public highway.

I really like the idea from @Fruitcake as regards appealing everything and costing them money ! Keep up the fight.

Snakes_Belly

Can you mention the name of the council please? 

Snakes_Belly

You could phone the council and ask who is responsible for the potholes and street lights. If the council is responsible then its an adopted road and not a private road. There is no double yellow lines so you are entitled to park there as long as you are not blocking a drive.

I agree with Fruitcake that some self ticketers have got over zealous. 

nicestrawb

High bar and all that... but if they were to start legal action against you having provided you with no evidence that they own the land, despite you providing what appears to be proof that they don't, that would surely be vexatious?

And on top of that, it also seems they have unlawfully ticketed your vehicle and obtained DVLA data when they have no right to do so.

I'd say they are in a bit of a fix.

WesAslan

@Coupon-mad @Snakes_Belly @Fruitcake @Castle @fisherjim @nicestrawb Hi everyone, thanks so much for the replies. So the area is called Clare Court EN36UJ, it's in the London Borough of Enfield. 

I've spoken to the council but they say it's a civil matter and they can't deal with it. Also on their GIS browser it doesn't show, but none of the side roads show up either... so it isnt specific to Clare Court.

I'm sure the land is not within the jurisdiction of the issuing company, what they mentioned doesnt make sense mathematically, a reference point could be taken or the measurement of the main road could be used to define their land very simply. 

If it were in fact true and that there was a margin of error as they mentioned, it automatically overlaps the surrounding properties or a bus stop 😅

I want to go to the IPC but im unsure whether I can go to them with parking tickets over a year, also I haven't got a final rejection which is a requirement i think. I'm unable to formally appeal through park direct's website because its over 2 weeks and my ticket doesnt come up. 

I only have email correspondence liaising with their privacy officers. 

I've recently written to Highways England and awaiting there reply. It's unfair for firms to pursure unlawful tickets, if it were lawful and they legally were able to prove it like everyone mentioned they wouldn't have waffled bullsh*t they've copied/paraphrased online. 

In essence all their claims are hypothetical, i.e. a hedge or bush which none exists, it's also a completely flat land also. 

They've been unlawfully profiteering from this scheme for a while now, even when they were uncertain, which they still are because per their claim "may or may not be" within their jurisdiction lawfully. 

Snakes_Belly

https://www.enfield.gov.uk/__data/assets/pdf_file/0020/5465/list-of-adopted-highways-and-private-roads-roads.pdf

Clare Court is not a private road it is publicly maintained. It is on the first list of public roads and highways page (43). 

There are no double yellow lines.  

Snakes_Belly

I think that perhaps some people have been parking in the residents car park and they have introduced a PPC with the residents self ticketing. Someone has got over zealous.