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Derby RICS Chartered Surveyors expert report on a dispute about parking on a right of way off Full Street Derby

 

The dispute was about a parking ticket issued for parking on the yellow lines just to the left of the silver car. The ticket was for parking on a restricted zone on Full Street a public highway. The road is an access to a service yard off Full Street Derby. Steve Butler Chartered Surveyors argued for the receipient of the ticket that the car was on a private right of way and not the public highway. The City argued that the highway ended at a gully that runs across the road from the corner of the grey sided building on the right.

 

A close up of the gully. The yellow lines continue across the gully and have been covered with a tarmac patch in front of the blue car.

The remains of the yellow lines can also be seen on the gully at the left. Steve Butler Chartered Surveyors argued that if the gully was a juncture of piublic and private highway that there should be a T bar to mark the distinction.

The car is beyond the back of the pavement adajacent to a City owned car park. Note the T bar in the foreground.

 

A city no parking or you will  be clamped sign on the car park wall just in front of where the car was parked. The  Derby City Council argued that the signs had not been put up by them despite the destinctive logo and that they owned the car park.

 

 

A no parking or you will be clamped sign on the side of the grey building. The City argued that the signs had not been put up by them despite the destinctive logo and that they had at one time owned the grey building.

The rear corner of the green builing with a T bar at the head of the yellow lines.

The highway end of the Yellow lines with a T bar at about the back of the pavement and more yellow lines beyond

The clamping sign on the the grey sided building was approximately mid way between the two T bars.

Steve Butler argued that the T bar at the end by the crossing would be consideed by a reasonable memer of the public to be the end of the highway and that the section of road between the two T bars would be considered to be private as the clamping sign was at the centre. The City argued that the Yellow lines and T bars had been painted by phantom Utility contractors.

 

Steve Butler Chartered Surveyors pointed out that the City were responsible for making sure that there highway was maintained and that phantom utility company markings should have been removed. At this point the City decided that the ticket  'apparently' had a technical error as it said that the car was parked in Full Street when it was parked in another street and was recinded for that reason. The Cty still argue that the access way is public highway but are going to check if their lines need to be altered. They won't tell me what street the car was parked in if it was not Full Street and they have yet to provide documents demonstrating that the roadway between the crossing and gully was public highway.

 

 

 

 

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