Hi All,
So it's a bit of an interesting one. I parked my van outside a block of flats on private land. The land extends onto the public footpath and the boundary is marked with the stone border as seen in the picture.
A PCN from Newham Council was issued for code 62. I have appealed the PCN stating the vehicle was parked on private land and therefore how can the council issue a PCN for land that is not their responsibility. They have rejected the appeal for the reasons below.
I was wondering if anyone thinks I have a case to take this further or should just pay up!
You have stated the vehicle was on private land.
We note your comments, however our records show that this area of land in front of
the apartment building, whilst private land, is not blocked from public access.
Therefore, as it is adjacent to the footway within the highway boundary there is a
legal public right of way. Where land is adopted public highway, it is not necessarily
owned by the relevant highway authority, but there is a legal right for them to enforce
a public right of way and maintain it.
Furthermore, there is no dropped kerb at this location and parking for residents is
located nearby, thus there is no intention for vehicles to park there, and mounting the
pavement to access it is against the law. If you are seen mounting the pavement by
a police officer they have the power to issue you an immediate fixed penalty notice
(FPN).
Vehicles are not permitted to park on a part of a road other than a carriageway. A
carriageway is a way for vehicles only. The contravention occurs when one or more
of the vehicle`s wheels are on a part of a road, which is not a carriageway. A road is
defined by section 142 of the Road Traffic Regulation Act 1984 as any length of
highway, or of any other road to which the public has access.
This contravention is also highlighted in the Highway Code, "you MUST NOT park
partially or wholly on the pavement unless signs permit it”.
In conclusion, having taken all aspects of this matter into consideration, no
justification for cancelling the penalty charge notice has been found.
