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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70197
Experience:  Over 5 years in practice.
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I parked my car within the boundaries of my property and received

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I parked my car within the boundaries of my property and received a parking ticket, when I queried this, the council advised me that that the area although actually owned by me was designated as publicly maintainable which means that the general public have the right to walk over this land. There is still the width of the pavement available for public use the same as one house further up the street. Can the council enforce this parking ticket ?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Jo C. replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
What is the contravention code please?
Customer: replied 1 year ago.
Contravention code 01
Expert:  Jo C. replied 1 year ago.
Ok.
Do you accept that this was a public road?
Customer: replied 1 year ago.
No, it is not a road, it is part of the footpath outside my house which is within the boundary of the property and the path then meets the road. The road in which we live has houses with gardens, at the end of the garden the footpath starts. Where I and my neighbours live, we have no gardens and the path is inset up to the front of the property although the boundary of the property is level with the houses with gardens.
Expert:  Jo C. replied 1 year ago.
Are they alleging you were over hanging?
Customer: replied 1 year ago.
Initially yes, as there are no yellow lines on the path I asked them to define where the lines were as there was nothing on the pavement to show both myself and the warden where the invisible line was. They then replied by saying that it was publicly maintained highway which meant that the public has a right to walk on it. even though the actual land ownership was not effected by these rights
Expert:  Jo C. replied 1 year ago.
Sorry, but I'm not sure I understand this.
The allegation is that you were overhanging onto public road?
And you accept it was public?
Customer: replied 1 year ago.
No, I was parked on the path outside house not on the road at all.
Customer: replied 1 year ago.
The council say that the path is a public highway, but I was not aware that this was the case the frontage where I parked is within the boundaries of the property and there are no notices, markings nor has the owner been made aware that this is the case. The landlord has owned the property for approx. 28 years and has always parked in front of the house with no problem. I have rented the house for 5 years and this is the first time that I have received a parking ticket for parking in the same area.
Expert:  Jo C. replied 1 year ago.
Well, it depends. You would need to check the deeds to the house to ascertain that. Normally the private ownership ends at the curtilage of the property which would mean that the pedestrianised path is owned by the council.
If you are saying that you were parked on the public footpath area then there is an offence covering that.
If you were on the curtilage of the property then it is not made out although I suppose they could argue that you must have driven across it although they will not.
The council might be wrong. They are sometimes. It might be worth an appeal on the point.
Can I clarify anything for you?
Jo
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