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Buachaill, Barrister
Category: UK Law
Satisfied Customers: 10623
Experience:  Barrister 17 years experience
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A small parcel of land fronts my property,triangular,bounded

Customer Question

a small parcel of land fronts my property,triangular,bounded on one side by a B road and on the other by an access road to a church,graveyard and the property mentioned.The property was constructed in 1750s and has been among other things a bakery and post office the frontage is only accessed over the parcel of land.A row of six alms houses are along side the access road. Historically the property has had a foot path across the land and there has been no parking on the land with a no parking sign. title to the land is unknown.In resent months there has been been parking on the land blocking the path and blocking of the access road. What is my position regarding this situation
Submitted: 1 year ago.
Category: UK Law
Expert:  Buachaill replied 1 year ago.

1. Your local county Council is responsible for parking enforcement across your area. So, if there is a No Parking sign on the land, your County Council have a power to issue parking tickets to anyone parking on it. The County Council do not actually need to own the land to issue parking tickets in relation to it. The County Council only have to specify it as an area of no parking in their bye-laws. So, if it is not the local County Council who have erected the No Parking notice, then you should get the local County Council to specify the piece of land as a No Parking area in their local bye laws. They will have a general power at law under the Highways Act to issue a ticket if any car is blocking the access road. So you should simply get the local County Council parking enforcement officer to issue tickets to anyone blocking the access road the next time it happens.

2. You should also realise that there is no general power to clamp given at common law. This means that a private citizen, such as you, cannot clamp a car which is parking on this strip. So you will need the help of the local County Council to deal with unauthorised parking here.

Expert:  Buachaill replied 1 year ago.

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