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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Clarabell on April 10, 2026, 09:36:46 pm

Title: Re: West Northamptonshire Council, code 01 parked in restricted st during prescribed hrs, The Nurseries
Post by: Clarabell on April 20, 2026, 07:05:21 pm
(https://cdn.imgpile.com/f/PsmlD9R_md.jpg)
Title: Re: West Northamptonshire Council, code 01 parked in restricted st during prescribed hrs, The Nurseries
Post by: Clarabell on April 20, 2026, 07:04:47 pm
They put this image into the letter....
Title: Re: West Northamptonshire Council, code 01 parked in restricted st during prescribed hrs, The Nurseries
Post by: tincombe on April 18, 2026, 10:45:52 am
The Traffic Regulation Order mapping extract (NPTON Consolidation Order 2018, Schedule ET98) confirms that this location is subject to enforceable waiting restrictions.

Was this included with their reply? If not, I would write back and ask for a copy of the relevant provision(s).
Title: Re: West Northamptonshire Council, code 01 parked in restricted st during prescribed hrs, The Nurseries
Post by: Clarabell on April 18, 2026, 10:26:28 am
(https://cdn.imgpile.com/f/EGFPkYE_md.png)
Title: Re: West Northamptonshire Council, code 01 parked in restricted st during prescribed hrs, The Nurseries
Post by: Clarabell on April 18, 2026, 10:25:43 am
(https://cdn.imgpile.com/f/ladupJH_md.jpeg)
Title: Re: West Northamptonshire Council, code 01 parked in restricted st during prescribed hrs, The Nurseries
Post by: Clarabell on April 18, 2026, 10:23:10 am
(https://imgpile.com/p/MK4f3al#ladupJH)
(https://imgpile.com/m/leJnN2P)


Here is a picture of the for sale board (I think it was in 2024?) and the Google maps images from 2009 showing the fence the hospital had up at that time marking their boundary. 

But, I am throwing in the towel and paying.

It turns out I had submitted the appeal without realising it! I started to fill in the appeal on the website the same night my son sent me the link to this forum. I came out of the appeal website without uploading any photos or evidence and without realising that somehow it was submitted along the way. I honestly do not recall clicking anything that said 'submit' I just thought I was part way through and had come out before uploading photos and submitting it.
Anyway we are where we are. They have rejected the appeal restating that car is parked on a yellow line and that there are signs up stating the restrictions. I simply do not have it in me to try and find out if the lines were painted in error decades ago. I am simply going to pay the fine and be done with it.
Thank you all for your help, you do an amazing job helping people.

Here is the email letter they sent:


TRAFFIC MANAGEMENT ACT 2004 PENALTY CHARGE NOTICE (PCN) No: NP86934284 DATE ISSUED: 07/04/2026 LOCATION OF CONTRAVENTION: THE NURSERIES, NORTHAMPTON  Thank you for your recent correspondence regarding the above PCN.  I note from our records that your vehicle was issued with the above notice as it was parked on a single yellow line during restricted hours. 
I  can  confirm  that  the  Civil  Enforcement  Officer’s  notes  first  record  your  vehicle  at 14:51 and again at 14:57.  A discretionary observation period was therefore allowed to ascertain whether loading or unloading was taking place and as no activity was observed at your vehicle during this time the PCN was correctly issued.  For future information, a single yellow line indicates that a waiting restriction applies between the hours stated on the time-plate, which is located nearby.  A vehicle may park unrestricted on single yellow lines outside the stated hours  The  claim  that  this  section  of  road  is  privately  owned  and  therefore  exempt  from enforcement is not supported by the evidence available.  The area in question is subject to traffic regulation by WNC.  The Traffic Regulation Order mapping extract (NPTON Consolidation Order 2018, Schedule ET98) confirms that this location is subject to enforceable waiting restrictions. The inclusion of this location within the Order demonstrates that it forms part of the highway network to which WNC enforcement powers apply.   
Furthermore, the restriction is clearly indicated by the presence of a single yellow line and an accompanying time plate displaying the operational hours of restriction. This provides clear notice to motorists that waiting restrictions are in force at this location.     
As your vehicle was observed parked in this location during prescribed hours, the PCN was therefore issued correctly and remains payable.  Regrettably,  the  mitigation  you  have  provided  on  this  occasion  is  not  sufficient  to justify cancellation of the above notice.  I am sorry that I am unable to offer you a more favourable outcome but trust you can now understand the reasoning behind my decision.   The  above  PCN  therefore  remains  due  and  payable  to  West  Northamptonshire Council.
Title: Re: West Northamptonshire Council, code 01 parked in restricted st during prescribed hrs, The Nurseries
Post by: Clarabell on April 17, 2026, 07:10:53 pm
(https://imgpile.com/p/7NlYL3u#JHDsJha)
Title: Re: West Northamptonshire Council, code 01 parked in restricted st during prescribed hrs, The Nurseries
Post by: Clarabell on April 17, 2026, 07:08:49 pm
Hi everyone. The land is 100% owned by the hospital (which has been there for well iver 100 years). They tried to sell it a few years ago, I got intouch with the agents and they confirmed it did not sell. There are also photographs on Google maps from 2009 that show the boundary the hospital had a fence up on both sides of the road, but it has since blown down. Despite this,how could I prove that the yellow lines may have been painted in error (possibly decades ago)??
Title: Re: West Northamptonshire Council, code 01 parked in restricted st during prescribed hrs, The Nurseries
Post by: catnip on April 17, 2026, 06:09:23 pm
The highway adoption map looks to me like all of the Nurseries is council - where were you as per that map?

The photos are on post 6. They were parked in the turning area which looks to be unadopted according to the map.
Title: Re: West Northamptonshire Council, code 01 parked in restricted st during prescribed hrs, The Nurseries
Post by: stamfordman on April 17, 2026, 02:11:09 pm
The highway adoption map looks to me like all of the Nurseries is council - where were you as per that map?
Title: Re: West Northamptonshire Council, code 01 parked in restricted st during prescribed hrs, The Nurseries
Post by: Clarabell on April 16, 2026, 07:30:11 pm
Hi. The map from stamfordman came after me saying I that I think?. I am really grateful for the help and advice.  Do we think it is worth appealing then? My thinking earlier about it being more complex was that it seemed like I would need to prove it is private land as the road has been painted with yellow lines by the council which may be a mistake by contractors but perhaps the landowners gave permission for that? I wouldn't know how to go about fighting that? What do people think...worth fighting it?? 🤔
Title: Re: West Northamptonshire Council, code 01 parked in restricted st during prescribed hrs, The Nurseries
Post by: tincombe on April 16, 2026, 06:35:26 pm
I am just going to go ahead and pay the £30(ish) fine as appealing it seems less straight forward than I had anticipated

How so? Your first post stated that you were parked on private land.
stamfordman's map seems to confirms this.
So, what's less straightforward?

Anyway, it's your choice.

We can't look at the traffic order because the Tribunal's website states:

West Northamptonshire have not currently submitted any TROs.
Title: Re: West Northamptonshire Council, code 01 parked in restricted st during prescribed hrs, The Nurseries
Post by: stamfordman on April 16, 2026, 02:48:32 pm
Adopted highways map shows extent of adoption in the Nurseries.

https://maps.westnorthants.gov.uk/webmappingpublic/en-gb/PublicMap/WNC_Map?x=475298.457767662&y=260471.25965579966&resolution=45.7763671875&baselayer=Default%20OS%20Basemap&datalayers=West%20Northamptonshire%2CHighways%20Register#/featureinformation

(https://i.ibb.co/QvScnjr6/Screenshot-2026-04-16-at-14-46-09.png)
Title: Re: West Northamptonshire Council, code 01 parked in restricted st during prescribed hrs, The Nurseries
Post by: Clarabell on April 16, 2026, 01:39:03 pm
Hi thank you for the advice. Although I think the council were wrong to ticket me on private land, I think I am just going to go ahead and pay the £30(ish) fine as appealing it seems less straight forward than I had anticipated. Thanks again for the advice and help.
Title: Re: West Northamptonshire Council, code 01 parked in restricted st during prescribed hrs, The Nurseries
Post by: tincombe on April 12, 2026, 04:48:13 pm
PCN looks OK. You should submit reps before 20th as this would likely protect the discount.

IMO, your only point at this stage appears to be that you think the council has marked this length of road in error in that either it is private and notwithstanding any provision in a traffic order to the contrary they have no lawful authority to restrict this area or that there is no provision restricting this length and overzealous contractors have marked it in error.




Title: Re: West Northamptonshire Council, code 01 parked in restricted st during prescribed hrs, The Nurseries
Post by: Incandescent on April 11, 2026, 06:56:05 pm
Working now, for me at least.
Title: Re: West Northamptonshire Council, code 01 parked in restricted st during prescribed hrs, The Nurseries
Post by: Clarabell on April 11, 2026, 02:37:41 pm
Hi yes I realised my mistake (#newbie  ;D ) and uploaded separate images instead of using one link for multiple photos. Are the images now showing on the thread?
Title: Re: West Northamptonshire Council, code 01 parked in restricted st during prescribed hrs, The Nurseries
Post by: tincombe on April 11, 2026, 02:30:55 pm
It's not working for me, I'm afraid.
Title: Re: West Northamptonshire Council, code 01 parked in restricted st during prescribed hrs, The Nurseries
Post by: Clarabell on April 11, 2026, 11:30:29 am
(https://cdn.imgpile.com/f/HiOSz0n_xl.jpg)
(https://cdn.imgpile.com/f/urdESdr_xl.jpg)
(https://cdn.imgpile.com/f/qzdBA7U_xl.jpg)
(https://cdn.imgpile.com/f/28cjQ8y_xl.jpg)
(https://cdn.imgpile.com/f/xf9IcSa_xl.jpg)
Title: Re: West Northamptonshire Council, code 01 parked in restricted st during prescribed hrs, The Nurseries
Post by: Clarabell on April 11, 2026, 11:05:21 am
Hi I did try but the original link to my photos was not working. Is this new one working? https://imgpile.com/p/kSJLOyo
Title: Re: West Northamptonshire Council, code 01 parked in restricted st during prescribed hrs, The Nurseries
Post by: tincombe on April 11, 2026, 10:59:50 am
Firstly, pl post the PCN, both sides, so that we can check for regulatory compliance

 
Title: Re: West Northamptonshire Council, code 01 parked in restricted st during prescribed hrs, The Nurseries
Post by: Incandescent on April 11, 2026, 10:26:52 am
They will definitely reject any reps you submit, as they want your money ! My view is that you would not win at the adjudicators at the Traffic Penalty Tribunal, but see what others say, but don't miss the deadline for the discount if that is your fall-back position.
Title: Re: West Northamptonshire Council, code 01 parked in restricted st during prescribed hrs, The Nurseries
Post by: Clarabell on April 11, 2026, 09:20:24 am
Hi. Thanks for your help. Sorry about the link not working, have tried to fix it and hopefully this works  https://imgpile.com/p/kSJLOyo

So am I correct that you think they would reject an appeal based on the unrestricted public access?

Thanks
Title: Re: West Northamptonshire Council, code 01 parked in restricted st during prescribed hrs, The Nurseries
Post by: Incandescent on April 10, 2026, 11:18:47 pm
The link to your photos doesn't work.

It looks as if the road continues on to the turning point, but there is nothing to tell anybody that it is private land. There is nothing to advise anybody that public access is restricted in any way. The GSV view looks as if the public have free and unrestricted access, and that is the criteria. So I think your proposed representations basis will be rejected.
However, don't take my reply as gospel, but wait for others to comment. I presume you parked on the yellow line.
Title: West Northamptonshire Council, code 01 parked in restricted st during prescribed hrs, The Nurseries
Post by: Clarabell on April 10, 2026, 09:36:46 pm
I parked my car at the top of a local street - The Nurseries, NN1 5HN. This is a dead end road. The top section of the road is owned by a local hospital and is private land. There is no signage to say it is private land and that you cannot park there but I used to work for this hospital so I know they own it. 

I parked well within the area that I know to be private land but on 7th April I was given a ticket by a Council Parking Warden for Code 01 parked in restricted street during prescribed hours.  The section of the road that is owned by the council is restricted parking Mon - Fri 8am - 6pm and there are sign posts to this affect along the council owned section of the road, not on the private land.

I contacted the local private hospital and they confirmed that they are not aware of a contract with the local council to allow them to issues tickets on their land (I asked specifically about the top of The Nurseries). The road is a dead end and my car was not blocking or restricting access to any public access/right of way.

I want to appeal the parking ticket, can you advise the best approach for this please. I have the pictures from taken when the PNC was issued. I also took my own pictures of my car when I saw it had been ticketed (to prove it is not blocking a right of way etc.). I have the email from the private hospital to say they are not aware of having a contact with the council to allow them to ticket on their land. The hospital attempted to sell this piece of private land a year or so ago and I also happen to have a photograph of the for sale sign on the private land (right where I was parked). I would appreciate your advice please.  Many thanks  Clare

Link to photos: https://imgpile.com/p/kSJLOyo
Link to Google Maps Location:  https://maps.app.goo.gl/4fWepEKyhBLum8NM9