Free Traffic Legal Advice

That whole estate appears to be infested with UKPC signs. However, are you sure that those roads in the estate are under statutory control? Are they maintained privately or does the local authority maintain them?

Is the road covered under the Traffic Management Act 2004?

You can confirm whether the road is public or private by checking with the local authority's highway department. Some councils also maintain online maps or lists of adopted roads. If the road is “adopted”, then it is under statutory control and there can be no Keeper liability, no matter how UKPC try to mendaciously suggest otherwise in their NtK.

1. Check with the Local Authority:

Contact the local council (often the Highways or Planning department) to inquire whether the roads are considered public highways or are subject to any specific statutory regulations. Even if the roads are unadopted, the local authority may have powers under certain statutes (like the Highways Act 1980 or Road Traffic Regulation Act 1984) to impose restrictions or make Traffic Regulation Orders (TROs) affecting the estate.

Ask for clarification on whether any TROs have been made that apply to these roads. If TROs are in place, statutory enforcement (such as parking or stopping restrictions) might apply despite the roads being unadopted.

2. Search for Traffic Regulation Orders (TROs):

Local authorities can issue Traffic Regulation Orders that apply to both adopted and unadopted roads. These orders can impose parking, stopping, or traffic restrictions on private roads open to the public.

Many councils publish TROs on their websites. Check the local council’s website for public notices or TRO registers.

You can also ask the council directly if any TROs have been made for the estate’s roads. If so, the restrictions would be legally enforceable under statutory law.

3. Check the Land Registry Records:

Obtain the Land Registry title documents for the estate. These documents can reveal who owns the roads and whether any public rights of way or legal agreements, like easements, have been granted that could impose statutory obligations or rights on the roads.

If public rights of way exist over the unadopted roads, there may be statutory obligations related to maintaining or regulating the roads.

4. Review Planning Permissions and Agreements (Section 106 or 38 Agreements):

Planning agreements made under Section 106 of the Town and Country Planning Act 1990 or Section 38 of the Highways Act 1980 might contain provisions about how roads within an estate are managed. These agreements could require certain public access or maintenance obligations that involve statutory control.

Contact the council’s planning department to request details of any Section 106 agreements related to the estate’s development. These agreements can also include obligations for roads to be brought up to an adoptable standard, which could affect whether statutory law applies in the future.

5. Review Any Byelaws:

Check if the local council has enacted any byelaws that cover the estate. Some councils, especially in cases of new towns or regeneration areas, may have special byelaws in place that regulate traffic, parking, or stopping on unadopted roads.

Byelaws are typically published on the local council’s website or can be requested from the legal services department.

6. Consult Relevant Local Acts or Orders:

Some areas, particularly those with significant regeneration or new developments, may be governed by local acts or orders (e.g., New Town Acts) that impose statutory controls over roads within specific areas. You can inquire with the council or consult local archives to check if any such special legislative provisions apply to the estate.

8. Check Public Access Rights:

Statutory provisions often apply to roads or areas where the public has a legal right of access. Even if a road is privately owned and unadopted, if the public has a general right of access (or has used the road without restriction for a period, potentially creating a public right of way), some statutory controls, like road safety or parking enforcement laws, might still apply.

Subject: Inquiry Regarding Statutory Controls on Roads in Berewood Estate, Waterlooville (Marellsmoore Avenue)

Dear [Council Official or Department Name],

I am writing to inquire about the status of the roads within the Berewood Estate, Waterlooville, specifically focusing on Marellsmoore Avenue. I would like to understand whether there are any statutory controls or Traffic Regulation Orders (TROs) governing these roads.

I am particularly concerned about the activities of an unregulated private parking company (UKPC), which is issuing Parking Charge Notices (PCNs) to motorists within the estate. UKPC is presenting these PCNs under the guise of enforcing traffic offences, such as stopping or parking on yellow lines, and they claim the ability to hold vehicle keepers liable under the Protection of Freedoms Act 2012 (PoFA).

To ensure a clear understanding of the legal framework governing these roads, I would be grateful if you could confirm the following:

Are the roads in the Berewood Estate, specifically Marellsmoore Avenue, subject to any statutory controls or Traffic Regulation Orders (TROs) issued by Hampshire County Council or any other statutory authority?

If so, could you provide details of any such orders or controls, including how they might affect parking enforcement on these roads?

Does Hampshire County Council have any role in regulating the parking arrangements or enforcement practices on these unadopted roads within the estate?

Your clarification would be helpful, as it will assist in understanding the legal position regarding the private parking company’s enforcement practices and whether they align with any statutory or contractual regulations in place.

Thank you for your assistance, and I look forward to your response.

Yours sincerely,

[Your Name]
[Your Contact Information]

Interesting that the whole estate is unadopted. There appears to be statutory signage as required under the Traffic Management Act. Looking at GSV, there do not appear to be any signs that indicate the driver is entering private property that is managed by UKPC.



That is the first sign on entering the estate and it is not compliant with the requirements of the BPA Code of Practice (CoP) for entrance signs. As it is sign with restrictions, it does not conform with requirements for readability from a moving vehicle.

This whole estate appears have public roads. You need to clarify the following in order to determine what is actually going on at this location:

Quote

1. Check with the Local Authority:

Contact the local council (often the Highways or Planning department) to inquire whether the roads are considered public highways or are subject to any specific statutory regulations. Even if the roads are unadopted, the local authority may have powers under certain statutes (like the Highways Act 1980 or Road Traffic Regulation Act 1984) to impose restrictions or make Traffic Regulation Orders (TROs) affecting the estate.

Ask for clarification on whether any TROs have been made that apply to these roads. If TROs are in place, statutory enforcement (such as parking or stopping restrictions) might apply despite the roads being unadopted.

2. Search for Traffic Regulation Orders (TROs):

Local authorities can issue Traffic Regulation Orders that apply to both adopted and unadopted roads. These orders can impose parking, stopping, or traffic restrictions on private roads open to the public.

Many councils publish TROs on their websites. Check the local council’s website for public notices or TRO registers.

You can also ask the council directly if any TROs have been made for the estate’s roads. If so, the restrictions would be legally enforceable under statutory law.

3. Check the Land Registry Records:

Obtain the Land Registry title documents for the estate. These documents can reveal who owns the roads and whether any public rights of way or legal agreements, like easements, have been granted that could impose statutory obligations or rights on the roads.

If public rights of way exist over the unadopted roads, there may be statutory obligations related to maintaining or regulating the roads.

4. Review Planning Permissions and Agreements (Section 106 or 38 Agreements):

Planning agreements made under Section 106 of the Town and Country Planning Act 1990 or Section 38 of the Highways Act 1980 might contain provisions about how roads within an estate are managed. These agreements could require certain public access or maintenance obligations that involve statutory control.

Contact the council’s planning department to request details of any Section 106 agreements related to the estate’s development. These agreements can also include obligations for roads to be brought up to an adoptable standard, which could affect whether statutory law applies in the future.

5. Review Any Byelaws:

Check if the local council has enacted any byelaws that cover the estate. Some councils, especially in cases of new towns or regeneration areas, may have special byelaws in place that regulate traffic, parking, or stopping on unadopted roads.

Byelaws are typically published on the local council’s website or can be requested from the legal services department.

6. Consult Relevant Local Acts or Orders:

Some areas, particularly those with significant regeneration or new developments, may be governed by local acts or orders (e.g., New Town Acts) that impose statutory controls over roads within specific areas. You can inquire with the council or consult local archives to check if any such special legislative provisions apply to the estate.

8. Check Public Access Rights:

Statutory provisions often apply to roads or areas where the public has a legal right of access. Even if a road is privately owned and unadopted, if the public has a general right of access (or has used the road without restriction for a period, potentially creating a public right of way), some statutory controls, like road safety or parking enforcement laws, might still apply.

I seriously doubt that those roads in that estate are not covered by some statute or other.

Here is a suggested draft of an email or letter you should send to the council:

Quote

Subject: Inquiry Regarding Statutory Controls on Roads in Berewood Estate, Waterlooville (Marellsmoore Avenue)

Dear [Council Official or Department Name],

I am writing to inquire about the status of the roads within the Berewood Estate, Waterlooville, specifically focusing on Marellsmoore Avenue. I would like to understand whether there are any statutory controls or Traffic Regulation Orders (TROs) governing these roads.

I am particularly concerned about the activities of an unregulated private parking company (UKPC), which is issuing Parking Charge Notices (PCNs) to motorists within the estate. UKPC is presenting these PCNs under the guise of enforcing traffic offences, such as stopping or parking on yellow lines, and they claim the ability to hold vehicle keepers liable under the Protection of Freedoms Act 2012 (PoFA).

To ensure a clear understanding of the legal framework governing these roads, I would be grateful if you could confirm the following:

Are the roads in the Berewood Estate, specifically Marellsmoore Avenue, subject to any statutory controls or Traffic Regulation Orders (TROs) issued by Hampshire County Council or any other statutory authority?

If so, could you provide details of any such orders or controls, including how they might affect parking enforcement on these roads?

Does Hampshire County Council have any role in regulating the parking arrangements or enforcement practices on these unadopted roads within the estate?

Your clarification would be helpful, as it will assist in understanding the legal position regarding the private parking company’s enforcement practices and whether they align with any statutory or contractual regulations in place.

Thank you for your assistance, and I look forward to your response.

Yours sincerely,

[Your Name]
[Your Contact Information]