A Chester resident has been slapped with a parking fine after leaving his vehicle on a patch of tarmac directly outside his property gate.
David Miller, a 49-year-old business consultant, had parked in the same spot for a full decade without ever receiving a ticket or facing any problems from authorities.
The fine has prompted Mr Miller to take legal action against Cheshire West and Chester Council after officials rejected his initial challenge to have the penalty overturned.
He has now instructed solicitors to contest the decision, describing the enforcement action as nothing more than a revenue-generating scheme by local authorities.
Mr Miller expressed his disbelief upon discovering the £35 penalty notice attached to his windscreen.
“I was shocked when I saw the ticket on the windshield,” he said.
“The car was well behind the yellow lines, it’s wasn’t impeding any pedestrians as the path is on the other side of the road.”
He maintained that his assumption about being permitted to park there had been reinforced by years of trouble-free use of the space.
A man has been slapped with fine for parking outside his own home despite using spot for decade
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“I see it as a money-making exercise from the council, an excuse for them to pick on neighbourhoods for no reason,” Mr Miller added.
“I have had neighbours get tickets for parking on similar tarmac outside their houses, and they have been rescinded.”
He questioned: “Why is mine being treated differently?”
The incident occurred on January 11 when Mr Miller left his car on the six-metre stretch of tarmac because building materials from recent roof repairs were obstructing his driveway.
‘I see it as a money-making exercise from the council, an excuse for them to pick on neighbourhoods for no reason,’ the man said
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He discovered the ticket the following morning and immediately appealed to the council that same afternoon, only to have it refused the next day.
Following a social media post about his predicament, a local solicitor came forward to assist his case.
“He told me there are a multitude of reasons, including signage, but the main one being the fact their is a drop curb there,” Mr Miller explained.
“Because of the curb, it creates a break, meaning the yellow lines belong to the highway and not the piece of tarmac.”
The solicitor advised that if parking were genuinely prohibited, the yellow lines would extend right up to his gate.
“If you look at it from a legal perspective, I suppose the council are within their rights to do it, in the letter of the law, but from a common-sense perspective, it’s part of my drive,” Mr Miller said.
“It’s not restricting any traffic coming into the road.,” he told The Sun.
A Cheshire West and Chester Council spokesperson stated: “Following complaints about parking in this area, the Council’s Civil Enforcement Officers increased their visits to ensure compliance with the Traffic Regulation Order (TRO). This location is adopted by the local authority and is fully enforceable.”
The authority maintained that double yellow lines “extend from the centre of the carriageway to the land boundary, which in this case is the residents’ fence. Vehicles parked on this land or the adjacent grassed area are considered to be in contravention of the restrictions.”
