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I've had a ticket for parking in a layby with no retrictions . . .

I've had a PCN for parking in a layby as you can see in the picture.

The layby has no signs whatsoever let alone any parking restrictions.

I appealed and that was rejected.

This is the reason they gave -

The highway extends building line to building line and therefore includes the footpath/grass verges.

This doesn't sound right to me, does anybody know if this is correct?

Thanks in advance for your reply!

Comments

  • Coupon-mad
    Coupon-mad Posts: 155,619 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 17 October at 11:38PM
    They are correct.

    You are in contravention of the double yellows. You can load/unload (of course, as that's exempt activity for a DYL restriction) but you can't park there.
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  • marcia_
    marcia_ Posts: 3,609 Forumite
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     There are double yellows right there 🤔 
  • Umkomaas
    Umkomaas Posts: 43,766 Forumite
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    marcia_ said:
     There are double yellows right there 🤔 
    The restrictions from which extend to the boundary behind them. 
    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.

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  • user1977
    user1977 Posts: 18,336 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    edited Today at 9:04AM
    Plus the "layby" doesn't even look like one designed for parking - that "grasscrete" surfacing is generally for rarely-used bits (e.g. vehicles for servicing billboards or something else next to the road).
  • James_Poisson
    James_Poisson Posts: 263 Forumite
    100 Posts Photogenic Name Dropper
    If you think about the practicalities of road markings if they took the DYLs around that layby  that would probably technically leave you an excuse to park in the road across it if there were no DYL's on that short section.
    I used to work for a large brewery and interestingly (or boringly depending on your perspective) many of our town centre pubs that were Inns had a black cast iron plate on the wall stating that no public right of way exists over this land. Meaning the frontage belonged to the pub and you could park on the frontage, although driving over the pavement without a dropped kerb was another problem.
    But to get back to your problem you will just have to suck it up and pay the fine before it goes up.
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