A furious homeowner in Chester has pledged to take legal action against the local council after receiving a £35 penalty charge for parking on the tarmac directly outside his property.
The Shocking Morning Discovery
David Miller, a 49-year-old business consultant, was stunned to find the ticket on the windscreen of his Jaguar F-Type on the morning of Monday, January 12. He had parked the vehicle the previous evening on a 6-metre stretch of tarmac outside the gate of his three-bedroom detached house on Curzon Park North.
Ordinarily, Miller uses his two-car driveway, but on this occasion, it was blocked by building materials from a recent roof renovation. He states that he had parked in the same spot for convenience over the past decade without ever encountering a problem.
A Clash of Interpretations
The crux of the dispute lies in the ownership and classification of the land. Cheshire West and Chester Council asserts that the tarmac is adopted highway, part of the adjacent road where double yellow lines are in force. A council spokesperson explained that the lines "extend from the centre of the carriageway to the land boundary," making parking on that land a contravention.
Miller vehemently disputes this interpretation. He argues the tarmac acts as an extension of his driveway, solely serving his property and not impeding traffic or pedestrians. "It forms a small road from the highway to my house," he said. "The car being there isn't blocking anything or causing any inconvenience to anyone."
Appeal Rejected and Legal Battle Looms
Miller appealed the penalty on the afternoon of January 12, but the council rejected it the very next day. Undeterred, he is now preparing to challenge the decision with legal support. Following social media posts about his case, a local solicitor contacted him offering assistance.
"I have had neighbours get tickets for parking on similar tarmac outside their houses and they have been rescinded. Why is mine being treated differently?" Miller questioned. He believes the enforcement action, prompted by resident complaints in the area, is a "money-making exercise."
The council maintains its position, stating that increased visits by Civil Enforcement Officers were necessary "to ensure compliance with the Traffic Regulation Order (TRO)." For David Miller, the fight is now a matter of principle, as he seeks to prove that common sense should prevail in what he sees as his own driveway space.
