Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: LeedsD on January 06, 2025, 06:27:18 pm
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Thanks for advice so far. I parked there as cars were parked on other side so thought part of Staduim parking still and the sign to the right said no parking past here so to me seemed like it was Staduim parking. The person that worked there also said it was ok. I know none of them are grounds but that’s why I thought it was unclear. So how do I see if it’s adopted? If it is are the barriers that are next to it allowed to be there?
https://imgur.com/a/oqEyzlh
Take it that’s not good news for me though.
Thanks again.
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Back of PCN
https://imgur.com/a/fBgTWM4
Reg. DV08 TUU
@cp8759
Thanks
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I think one should bear in mind the findings in Pereira, R (On the Application Of) v Environment And Traffic Adjudicators [2020] EWHC 811 (Admin) (https://www.bailii.org/ew/cases/EWHC/Admin/2020/811.pdf), I'm not saying the same applies here but Dawood (https://drive.google.com/file/d/1xqrJZGeaoaw0pwNPZQKrZ5oUSjKrjMbH/view) only goes so far.
The first step here would be to establish the exact extent of the adopted highway. If the land in question is adopted then that argument is closed, but if it's not adopted then the burden shifts to the council to show that the land is a road to which the public has unfettered access and they need to provide evidence of that, I don't think they ever do because nobody ever takes this point.
@LeedsD please show us the back of the PCN and give us the vehicle reg.
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The restriction that a double yellow line indicates is that parking, (actually "waiting" in law), is barred on the road 24x7 , and this includes not just the carriageway, but verges and footways up to the property line, in this case the stadium wall. So by parking on the footway, you were still in contravention. We see a lot of cases like yours on this forum where the driver does not know about the meaning of the restriction. A single yellow line imposes the same restriction, but only on the days and hours indicated on a sign.
So I think that you having received their rejection letter, there is no point in taking the matter further unless somebody on here suggests a robust 'technical' appeal based on council mismanagement of the enforcement process, or the PCN contains fatal errors of content making it void. Have you posted all sides of the PCN so we can check for errors ?
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Original PCN
https://imgur.com/a/fBgOTuH
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Ok thank you. I shall look for PCN. So in simple terms I should pay the £35 rather than take further.
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This is a contravention as they explain it's on a public area up to property boundary.
There could be something in the PCN, so post that.
I don't think there is anything on it being customary to par there judging by past Maps views.
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So unfortunately I already have appealed thinking it was a clear case and not knowing about this forum.
I recently received a parking notice and wanted to share my experience to get some advice. I parked on Lowfields Road in Beeston, Leeds, right outside Elland Road Stadium. I was there to attend a Christmas party for children with disabilities.
When I arrived, I noticed many cars parked to the left of the stadium entrance, but none were on double yellow lines. There was a sign to the right indicating “no parking beyond this point.” Another car was already parked to the right of me. To be sure, I asked someone from the stadium who came out of a nearby gate if it was okay to park there. He confirmed it was fine since it wasn’t a match day.
Despite this, I received a parking notice. I appealed, explaining that I had parked well away from the double yellow lines and believed I was on private land, as indicated by the sign.
I wondered if I have any grounds to appeal or to pay the half price penalty.
Thank you
@cp8759
https://imgur.com/a/D7jL3Ty
https://maps.app.goo.gl/r7nXER75UFNVs8vE6