A furious homeowner from Chester has declared he will take on the local council after being slapped with a £35 penalty for parking his car on a strip of land directly outside his property gate.
A Decade of Parking Ends with Unexpected Fine
David Miller, a 49-year-old business consultant, was issued the ticket after parking his Jaguar F-Type on a six-metre section of tarmac outside his three-bedroom detached home on the evening of Sunday, 11 January. Mr Miller explained he was forced to park there because building materials from ongoing roof work were blocking his two-car driveway.
To his astonishment, he found the penalty notice tucked under his windscreen wiper the following morning. David Miller stated he had used that exact spot to park without any problem for the past ten years, insisting his vehicle was positioned well clear of the road and any adjacent yellow lines.
Council Rejects Appeal, Legal Battle Looms
Mr Miller promptly lodged an appeal with Cheshire West and Chester Council that same afternoon, but it was dismissed within 24 hours. Undeterred, he is now preparing to contest the decision legally, armed with advice from a solicitor who contacted him after he shared his story on social media.
The solicitor provided a 'plethora' of reasons to challenge the fine, focusing on signage and a critical legal detail: the presence of a dropped kerb. "Because of the kerb, it creates a break meaning the yellow lines belong to the highway and not the piece of tarmac," David explained. "He said if I wasn't allowed to park there, then the yellow lines would be painted up to my gate."
'A Money-Making Exercise' Says Frustrated Resident
David Miller expressed his deep frustration, viewing the fine as an unjust targeting of residents. "I see it as a money-making exercise from the council - an excuse for them to pick on neighbourhoods for no reason," he said. He pointed out that neighbours had received similar tickets for parking on equivalent land outside their homes, only for those penalties to be rescinded.
"It is ridiculous it is against the law to park my car outside my own home," he added. He argues the land functions as an extension of his driveway, providing sole access to his property and not leading to a footpath or other houses. "The car being there isn't blocking anything or causing any inconvenience to anyone," he stated.
In a further point of contention, Mr Miller revealed he regularly maintains the substantial council-owned grass verge beside his property at his own expense, an act he believes saves the local authority money.
Council's Stance on Enforcement
In response, Cheshire West and Chester Council defended the enforcement action. A spokesperson stated that following complaints about parking in the area, civil enforcement officers had increased patrols to ensure compliance with the Traffic Regulation Order (TRO).
The council clarified that the land is adopted highway and fully enforceable. They asserted that the double yellow lines "extend from the centre of the carriageway to the land boundary, which in this case is the residents' fence." Consequently, any vehicle parked on that land or the adjacent grassed area is considered in contravention of the restrictions.
David Miller remains determined to fight the penalty, questioning the practical implications. "If traffic wardens are going to be coming around on a regular basis... does that mean [visitors] are at risk of getting a fine?" he asked, highlighting the ongoing inconvenience and uncertainty for residents.
