A homeowner who was fined £35 for parking outside his house has vowed to take his fight to the council.
David Miller, 49, was furious after finding a parking ticket on his Jaguar F-Type, which he had left on the six metre long tarmac outside the gate of his home in Chester, Cheshire.
His three-bedroom home was undergoing roof renovations at the time and Mr Miller could not leave his car on the driveway due to building materials blocking his spot.
The business consultant therefore left his car outside his gate on the evening of Sunday, January 11.
However the next morning he woke to find a parking ticket placed underneath his windscreen wiper.
Mr Miller said he had previously parked his car on the council-owned stretch of tarmac at various points over the past ten years with no issues.
He also claims his vehicle was well away from the road and not near the yellow lines which run past his house.
Now after an appeal against the fine was rejected by the council, Mr Miller said he will take them on over the ‘ridiculous’ decision.
Mr Miller said a solicitor contacted him and urged him to fight against the fine.
They told him there are a ‘multitude’ of reasons why he isn’t liable, including signage and the drop kerb between the yellow lines and the road.
He said: ‘I was shocked when I saw the ticket on the windshield.
‘The car was well behind the yellow lines, it wasn’t impeding any pedestrians as the path is on the other side of the road.
‘I had always assumed I could park there – I had done for ten years with no issues.
‘I see it as a money-making exercise from the council – an excuse for them to pick on neighbourhoods for no reason.
‘I have had neighbours get tickets for parking on similar tarmac outside their houses and they have been rescinded.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.
‘It is ridiculous that it is against the law to park my car outside my own home.’
According to the council, the tarmac where his car was parked is part of the road and also has double yellow lines which restrict parking.
Yet Mr Miller disputes their reasoning, saying that the tarmac acts as part of his driveway connecting his house to the road.
He said: ‘It isn’t like it leads to a footpath, or anyone else’s houses, mine is the only one it takes you to.
‘It forms a small road from the highway to my house.
‘The car being there isn’t blocking anything or causing any inconvenience to anyone.’
Mr Miller has said that he had previously received a parking ticket last September when parking on the grass next to his house, while a decorator’s van was parked on the drive.
But he said he was surprised to have been given another ticket for parking on the stretch of tarmac.
He added: ‘I’d moved my car onto the grass last year while work was being done in the house and received a ticket then.
‘I agree, I shouldn’t have parked there, but in comparison this is nothing like it.’
Mr Miller also felt aggrieved as he often maintains the large stretch of grass around the front and side of the property out of his own pocket, which he says is ‘saving the council money’.
After sharing the incident on social media, a local solicitor reached out to him and said he would help him challenge the council’s decision again.
He said: ‘He told me there are a multitude of reasons, including signage, but the main one being the fact there is a drop kerb there.
‘Because of the kerb, it creates a break, meaning the yellow lines belong to the highway and not the piece of tarmac.
‘He said if I wasn’t allowed to park there, then the yellow lines would be painted to go up to my 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.
‘It’s not restricting any traffic coming into the road.
‘If traffic wardens are going to be coming around on a regular basis, we have two cars and I can park inside the gates – but sometimes for space when we have friends and family round I’ll park on the tarmac or they’ll park their car there, does that mean they’re at risk of getting a fine?
‘Or will they need to park elsewhere which is an inconvenience for them.’
A spokesperson for Cheshire West and Chester Council said: ‘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 council say the double yellow lines in fact ‘extend from the centre of the carriageway to the land boundary, which in this case is the residents’ fence’.
They added: ‘Vehicles parked on this land or the adjacent grassed area are considered to be in contravention of the restrictions.’
