fbpx

Parking Fine Imposed on Private Landowner Triggers High Court Test Case

9th July 2020 By

A fine imposed on a householder for parking her Land Rover on her own land put the conflict between private ownership and public access to the road network in high relief and provided the subject matter for an important High Court test case.

For many years the householder had regularly parked her car on a strip of pavement outside her home. The strip, which she and her husband owned, lay between their front hedge and the road. She was incensed when a local authority parking warden put a ticket on her windscreen, but her appeal was rejected by a parking adjudicator. The penalty was also confirmed by another adjudicator on review.

In upholding her challenge to that outcome, the Court rejected the local authority’s argument that the strip was deemed to have been dedicated as a public highway because members of the public had enjoyed access to it, as of right and without interruption, for 20 years or more. The reviewing adjudicator had made an error of law in concluding that such public access was not interrupted by the frequent presence of the couple’s parked cars on the strip.

The Court found that the strip could also not be viewed as a road to which the public has access, within the meaning of the Road Traffic Regulation Act 1967. During each of the 13 years in which the couple had owned their home, they had parked cars on the strip about 200 times, thus regularly impeding public access.

Had it been necessary to do so, the Court noted that it would have found that any implied licence that members of the public had to access the strip had been inoperable on the day the ticket was issued, due to the presence of the Land Rover. The local authority was directed to cancel the parking ticket.

Source: Concious

Latest News

Challenge to Will's Validity Rejected by High Court

12th April, 2024 By

The best way to ensure your assets will be distributed as you wish is to have your will professionally drafted by a qualified solicitor. In a recent case, a challenge to the validity of an elderly man's will was dismissed by the High Court. The man had previously made a will in 2011, leaving most of his estate equally to his three children. In 2018, by which time one of his sons had predeceased him, he made a further will, leaving the residue of his estate to his other son...

Defiance of Family Court Orders Will Always End Badly

10th April, 2024 By

Custodial sentences very rarely come into play in the family courts. Where there have been repeated breaches of court orders, however, judges may have little choice but to clamp down. This was illustrated in the High Court during committal proceedings that stemmed from a child custody dispute. The background to the case involved contested proceedings between the father and mother of a young child. These concluded with a court order establishing that the child – a daughter – would live with the mother. Three months later the daughter travelled with...

Claim for SDLT Relief on Annex Unsuccessful

8th April, 2024 By

When buying a property consisting of more than one residence, it may be possible to claim multiple dwellings relief (MDR) against Stamp Duty Land Tax (SDLT). However, there are certain conditions that must be met for an MDR claim to succeed, as a recent case illustrates. A property was purchased for £1.8 million. Prior to the purchase, the buyer had agreed with the seller that he would be allowed to carry out works to construct a self-contained annex at the property. The buyer's SDLT return included a claim for MDR...

Divorce – Alleged Bigamy Raised in Financial Remedies Dispute

5th April, 2024 By

The issue of bigamy and its potential impact on a person's ability to seek financial remedies in a divorce came under the legal spotlight recently. A husband made an application to strike out his wife's financial remedies claim on the basis that she had committed bigamy and deceived him into a marriage when she knew she was not free to marry. This deceit, he claimed, was so egregious that, as a matter of public policy, she should be debarred from pursuing any claim for financial remedies against him. The husband based...