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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: mnyaaas on April 06, 2025, 09:16:35 pm

Title: Re: Council PCN but on possibly Private land owned by council?
Post by: MrChips on April 07, 2025, 09:22:01 am
Can you post a photo of the back of the PCN please so we can check the small print?
Title: Re: Council PCN but on possibly Private land owned by council?
Post by: mnyaaas on April 07, 2025, 08:35:05 am
Thank you, and apologies, I thought the pictures has shown up...[attachimg=1][attachimg=2][attachimg=3]

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Title: Re: Council PCN but on possibly Private land owned by council?
Post by: Incandescent on April 06, 2025, 10:37:16 pm
I think one can assume that this entrance in front of the gate is land over which the public has free access, so would be considered part of the road. Certainly GSV shows an ungated pedestrian entrance to the cemetery leading off it.  If this is so, the contravention would seem to be made out. Parking off-carriageway has been an offence in London since the 70s, and requires no lines or signs.

Please post the PCN, all sides, for full advice.
Title: Council PCN but on possibly Private land owned by council?
Post by: mnyaaas on April 06, 2025, 09:16:35 pm
Hello, I'd really appreciate your thoughts on this rather peculiar situation. As you can see, I've parked on the driveway of a mortuary, which is closed on Sundays, in fact, this entrance has been closed for sometime (Otherwise would not park there). The car is parked just behind the yellow line, on what appears to be a vehicle crossing. I assumed this was private land, owned and operated by the council, but not actually part of the public highway. Seeing as there were no 'Private Parking' or council parking signs, I thought I was safe enough. If I'm mistaken, I'll pay the fine, but I honestly believe I'm in the clear. What do you reckon? Also, whilst I'm parked on a grass verge, it's within the mortuary's grounds and doesn't seem to be maintained. I've also noticed the Civil Enforcement Officer (CEO) hasn't signed the Penalty Charge Notice (PCN) but not sure that makes a difference?.
Thanking you in advance for any help
I have popped a pin here for google maps https://maps.app.goo.gl/43rnRbPPRh99RJu86

51.600893500250706, -0.07607999985866865

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