Council PCN appeal rejected for parking on non adopted private road

monz87

Hi guys,

I have received a penalty charge notice on a private non public highway, the CEO's never issue tickets here but recently one guy issued a PCN on this road. I appealed to the Council providing evidence from the Councils own GIS mapping data and they still rejected it. The street is called Payne Close but there is a small road that spurs off from Payne close (still called Payne Close) which is private. You can see this on the GIS map on the bottom left

The road does have a single yellow line which I don't know should actually even be there or not or whether it even matters in this case.

Any advice regarding this

See attached appeal, supporting evidence and response.

(Images removed by Forum Team)

Gr1pr

As this is a council matter I strongly suggest that you post your query over on the FTLA parking forum website after reading their posting requirements first

daveyjp

There is a yellow line and time plate on Google street view so you need a copy of that TRO. Never rely on local authority highway maps being up to date. It could have been unadopted when the properties were developed, adopted and then the TRO put in place, but the map wasn't updated.

Also check the map again as you may have alerted their highway records team to an anomaly and it has now been updated.

James_Poisson

As above I think you are on a loser here but as stated take it to FTLA it certainly doesn't look like a private road:

monz87

https://forums.moneysavingexpert.com/discussion/comment/82030591#Comment_82030591

How do I go bout getting a copy of the TRO? IS it a simple process?

GrumpyDil

You can see the basic details online

https://barking-dagenham.traffweb.app/traffweb/1/TrafficOrders

Looks like the TRO extends into the section you were parked on but not all the way down.

monz87

https://forums.moneysavingexpert.com/discussion/comment/82030893#Comment_82030893

Thanks. Is this up to date? Am I right to assume based on this TRO, the Council has and had no jusdiction to issue me a ticket? The yellow line actually goes all the way but not on the TRO.

Bazarius

what time was the ticket observed and issued ? You can park on a no waiting road outside the restricted hour specified on the sign . TRO is showing only a 1 hour restriction.

monz87

It was given at 2:24pm (within the controlled time) but it was parked beyond the marked line on the TRO

Umkomaas

Have you taken this over to FTLA yet? They will help. Sooner you get it there …..

James_Poisson

As above you need to go to FTLA you are just losing valuable time with this, as for the Traffic Orders plan quoted please note their disclaimer:

TraffWeb shows a representation of the legal orders, but it is the order documents themselves
that provide the legal basis by which regulatory measures on the highway are enforced.