Above is part of a perfectly normal Traffic Order which is proposed for part of Hatfield. The unsual aspect is that those roads are currently not adopted highway, but private, as the parking sign in this one sample road shows
A resident isn't happy, as partial footway parking will be removed thus reducing the number of spaces, and queried the council's right to introduce the restrictions before they adopt the roads and received the following response
Mr Mustard thinks that answer is wrong, for two reasons
- the council can only impose restrictions on the public highway (save for one anomaly which is they could issue a PCN for parking other than on the carriageway if the public highways borders private land to which the public have access, which isn't the case hear).
- there is the risk of double jeopardy with the private parking company also still able to issue Parking Charge Notices for breaches of their signage.
What do you think, dear reader? Mr Mustard has been wrong before.
This case in the key cases section of the London Tribunals website, would suggest Mr Mustard is wrong (although the answer isn't logical).
Yours frugally
Mr Mustard
I fully agree with your argument. After all until its adopted and defined as 'public carriageway' it may as well be a field/carpark/hotel/pond....
ReplyDeleteWhat we can be sure of, apart from the legality, is it is an abuse of power.
ReplyDelete