Parking ticket for parking at end of my own driveway!

Wiccaman9

Message I sent to my Stoke on Trent council department:

"I have received a parking ticket for parking at the end of my driveway!!

All afternoon of the 16-02-23 I have been cutting wood, doing DIY projects on my driveway. I rolled my car down the driveway, parking at the bottom, but in no way obstructing the pavement for passage of pedestrians, pushchairs and wheelchairs (I work with disabled people and know the problems people cause with inconsiderate parking, and trying to manoeuvre wheelchairs). I was not on the road, was not on any single yellow lines/restricted parking. Photographs testify to this. I finished my DIY projects and removed all tools into my house circa 15:20. At 15:31 I seem to have received a fine/ticket, reference number as above. I do not understand why I am receiving a penalty, for simply rolling my car to the end of MY driveway, being OFF the road, and in NO WAY obstructing the movement of pedestrians, pushchairs, wheelchairs, etc. Also, I clearly was in no way obstructing the movement of traffic, as my car was NOT on the road! I feel victimised, whilst at the time of the seeing the ticket, cars are actively parking on single yellow restricted parking areas and also parking on school chevron areas clearly stating no parking. Again photographs included."

 Does the council have a right to put a parking ticket on a car not on the road, or obstructing pavement for pedestrians, wheelchairs, prams, etc? 

 

Umkomaas

The yellow line is in play right up to the perimeter wall of your property, not just up to the kerbing. However, as we deal principally with tickets issued by private parking companies, PePiPoo will be your best bet for council tickets. Register there but please note that a Hotmail address won't work - try using a throwaway Gmail account instead if you do have trouble registering, and post a new thread; here's your link:

http://forums.pepipoo.com/index.php?act=SF&s=&f=30

Read the sticky 'Read this before you post' as well as reading through some of the other threads there ahead of posting your own details, to get the hang of what information they need from you in your opening post - but as a minimum you will need to post redacted photos/scans of all correspondence you've received from the council (both sides, if appropriate), as they need to see all the small print.

daveyjp

If its your driveway the Council will cancel the ticket.

As it is more likely public footpath, which forms part of the adopted highway, the single yellow parking restrictions also apply to vehicles parked on the footpath.  The Council also have no idea that car is yours.

Imagine if it wasn't, would you be happy with someone parking there?

Coupon-mad

That photo shows a car in contravention of the single yellow.  As Umkomaas rightly says, you can't park there and avoid the meaning of the yellow line. The PCN was correct if the single yellow was during the hours of operation and the driver of the car wasn't actively loading/unloading to or from it.

diystarter7

daveyjp said:

If its your driveway the Council will cancel the ticket.

As it is more likely public footpath, which forms part of the adopted highway, the single yellow parking restrictions also apply to vehicles parked on the footpath.  The Council also have no idea that car is yours.

Imagine if it wasn't, would you be happy with someone parking there?

Hi

Agree with your post. I've never seen a footpath as part of someones driveway other than on a HA or coucil estate where people park between grassed areas

OP, to be clear ask them why you got the ticket and take it from there

looking at your pics, no one else is parked like that, I'm sure they do when sweeping the drive etc but from the looks of things its a public foothpath.

Good luck and please do let us know how you get on,  

diystarter7

BTW OP

If it is your drive as you stated, what do the deeds/pln/map sow, it should show that the part your car is parked o is part of your properrty and if that is the case, you then have a case.

Good luck

ps - TBH, your car is clearly encroaching public footpath even if the bit between the garass is yours.

Coupon-mad

There is no case here.  The above posts are going down a rabbit hole that will mislead the OP.

As @Umkomaas and I pointed out, unless he was loading/unloading, nothing else matters. The yellow line dictates the contravention.

diystarter7

What will "mislead the OP"? Is that checking is the area belongs to him? Or that I feel the car is encroaching on the pavement?

The OP can like everyone decide for themselves, look up the plans and give the council a call if they want.it wont cost them anyhting and may answer fully any concerns they have


I'm not sure why you said that.

Btw, The car is not on the "yellow lines."
Thanks

Coupon-mad

Btw, The car is not on the "yellow lines."

BTW, it doesn't need to be.  See Umkomaas' reply.

Yellow lines on-street cover and are enforced across the entire area from fence/wall to fence/wall which includes the footpath and the verges that are ostensibly on the 'other side' of said yellow line.

The car is clearly in contravention of a yellow line unless the driver was loading/unloading, or if it was out of hours (e.g. a Sunday and the yellow line isn't in operation).

Alternatively, the PCN contravention might be for parking on any part of the footpath (includes dropped kerbs) - that is, IF Stoke on Trent have that extra power.  Some Councils (not all) do enforce that as a special contravention.

Either way there is no case (unless it's out of that line's enforcement hours, or the guy was unloading/loading) so it is misleading to send them off on a wild goose chase.

Pepipoo experts will confirm.

Half_way

Looking at the photo the vehicle is not parked on the drive, but on the dropped kerb/access way to the drive

 The "own " drive section will be, looking at the photos , to the right of the paving slab the gentleman in picture 1 is standing on .

 The vehicle appears to be  parked beyond the end of the driveway as it is past what looks like the property boundary .

 Its not been unknown for vehicles to get tickets for overhanging the pavement as well.

Its surprising how many people are unaware that the road or highway also includes pavements, verges and access roads/routes such as dropped kerb/areas as shown above) and that restrictions apply regardless of if the vehicle is on the main carriageway  or on a verge/pavement/access-way, you can also be ticketed for parking by the roadside if there are solid white ( no overtaking) lines in the middle of the road.

 Its also surprising how many people dont know that you can stop on a double yellow/yellow lines to load/unload passengers or goods for about 20 minutes as long as you are continuously loading or unloading and as long as no side markings are present 

simply rolling my car to the end of MY driveway, being OFF the road, and in NO WAY obstructing the movement of pedestrians, pushchairs, wheelchairs, etc. Also, I clearly was in no way obstructing the movement of traffic, as my car was NOT on the road!

As said, in my opinion the car was beyond the end of the driveway, and on the road ( as the "road" extends upto the boundary (including pavements verges etc) and they will also argue that it does constitute an obstruction as the line of the pavement is obstructed

My advice would be to take this to pepipoo together with any photos of any signs that are in the area that specify any restrictions/times etc, plus how long the vehicle was stopped there for and pictures of the penalty notices etc.

 This is a situation that would have been better dealt with by a quick polite word and a request to move the vehicle to avoid a ticket

fisherjim

Roads, Pavements and Verges

As a general rule Land Registry title plans do not show roads, pavements or grass verges outside of a building or parcel of land. However, there is a legal presumption in common law that the property fronting onto the road includes ownership of the paving, grass verge and road to the mid-point thereof. This presumption can be rebutted by evidence to the contrary. Such evidence, where it exists, is usually found within the title register or deeds to the property.

It is the case that all non-private roads have been adopted by the local authority, who enter into an agreement & bond with the developer or builder of the property. This means that the local authority maintain the surface of the paving, grass verge and road, but so far as ownership of the sub-surface is concerned the owner of the abutting house or land (called the "frontager"} is in actuality the owner of it.

It is the practice of Land Registry to outline on the title plan in red ink the property owned, but to exclude therefrom the fronting pavement, grass verge and road. The only way to be sure who the owner is (whether the road is adopted or not) is to search by plan; usually the title plan for the property itself will be used to identify it. The resultant title register and title plan will still not show the road, etc as being within the ownership of the abutting building or land, but you will know of the ownership because it has been provided as a result of the Land Registry identifying the land from the documents you provided.

https://www.landregistry-titledeeds.co.uk/frequently-asked-questions/information/map-search-land-with-no-address.asp

As I see it the council adopt the road surface, pavements and verges, so make the rules, I am sure the OP would rather the council pay for the upkeep of these rather than him, also if anyone makes an injury claim for falling over a broken paving slab it's the council that is held responsible, you can't have it both ways!