Free Traffic Legal Advice

POSTING ON BEHALF OF A FRIEND

On 27th August she parked in Service Road 1 on council estate property where no valid Traffic Management Order (TMO) is active. The TMO relates to Longbridge Road but this road has no name. 

The attached Google photo is 2022 and wrongly marks the Service Road as Longbridge Road. The Service Road is between Brixham Gardens and Meadway Barking/Ilford
 
According to the Council map there are no TMO’s for this road.

She is planning to appeal but would like your view as to what can be stated.  Neighbours have involved their MP on the constant fines and this is a road which the person fined has been using for 5/6 years and there are absolutely no signs in the service road

Am unable to upload photos directly so have added link to One Drive.

IMO, spot on.

OP, read this:


Is it a 'road';
Was the vehicle parked in whole or in part other than on the carriageway;
Do any of the exceptions apply?

Having established the legal framework, let's fill in the facts gap pl.

I passed the info on and have been trying to find out if it is an adpted road. 

If not an adopted road then I understand the fine is not applicable.

I found the following on Find My Street - photo attached - which shows adjoining roads as being maintained at poublic expense but if the service road is greyed out it appears to not be an adopted road.

Any way of clarifying that?

https://1drv.ms/i/c/ff2efe087033259f/IQDQBracrBgKSKhLGrv6iOyjAfHXYTHctDH2wbG3j24KKjA?e=1xS7sk

The relevant Act refers to the definition of "road" in the Road Traffic Regulation Act 1987. That defines a road as "any length of highway or of any other road to which the public has access ...". So the issue is access, not ownership or adoption. Sorry!

Time to admit defeat!