Jaguar F-Type owner David Miller, 49, was left stunned when he received a parking fine from Cheshire West and Chester Council
David Miller stood outside his Cheshire home (Image: William Lailey / SWNS)
A fuming homeowner said he will fight the council after receiving a £35 parking fine for leaving his car outside his own home.
David Miller, 49, was hit with the charge after parking his Jaguar F-Type on the six metre stretch of tarmac outside the gate of his three-bedroom detached house in Chester, Cheshire, on the evening of Sunday, January 11.
The business consultant had no choice but to park there as building materials from a recent roof renovation were occupying his two-car driveway.
However, he was shocked when he discovered a parking ticket tucked under his windscreen wiper the following morning (Jan 12).
David said that he had been parking his car on the council-owned tarmac without any problems for the past decade.
He also insists that his vehicle was not obstructing the road or any nearby yellow lines which run past his house.
Despite appealing to Cheshire West and Chester Council that same afternoon to have the penalty overturned, but his request was denied the next day.
Now, armed with advice from a solicitor who reached out to him, David is determined to contest the ‘ridiculous’ fine.
David says the solicitor has told him there are a ‘multitude’ of reasons why he isn’t liable, including signage, and how the drop curb causes a break between the yellow lines on the highway and the road.
David said: “I was shocked when I saw the ticket on the windshield.
“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.
“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 neighborhoods 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“I have had neighbours get tickets for parking on similar tarmac outside their houses and they have been rescinded.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.”
David Miller has vowed to fight the fine(Image: William Lailey / SWNS)
According to the council, the tarmac where his car was parked is part of the adjacent highway which holds double yellow lines restricting parking.
Yet David 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.”
David has said that he has 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 says he is surprised to have been given another ticket for parking on the stretch of tarmac.
He said: “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.”
Aerial view of David Miller’s car outside the gates of his home where he was parked when he was issued the ticket(Image: William Lailey / SWNS)
He has also told how he often maintains the large stretch of grass around the front and side of the property which belongs to the council out of his pocket which he says is ‘saving the council money’.
Following posting about the incident on social media David said 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 their is a drop curb there.
“Because of the curb, 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 upto 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.
David Miller, 49, was slapped with a £35 fine after leaving his Jaguar F-Type on the six metre long tarmac outside the gate of his house(Image: William Lailey / SWNS)
“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.”
