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Car Park and public right of way question

(4 Posts)
ModreB Sat 08-Feb-14 18:45:06

Near where I live, there is a car park attached to a shopping centre. The road through the car park is, and always has been, an extension of a municipally owned road. It's marked on local maps etc as an extension of the municipal road, and was incorporated into the car park in the 1960's

The owners of the shopping centre have recently put up a sign saying that the road through the car park is not a public right of way, and never has been, and to drive through you need to pay a parking charge of £1.

Now, I remember living there and driving through the car park road weekly, as an extension of the municipal road, since about 1970. My parents did the same and remember doing so since about 1963. I still drive through the road at least once a week and have never been asked to pay a fine etc.

I am just curious, is this a right of way, and can the shopping centre company now claim this as not a right of way?

LadyMercy Sat 08-Feb-14 23:17:37

I think generally once something is a right of way, it is always a right of way. But there is some kind of extinguishment order that a company/person can apply for. Maybe take a look at your local council website? The site might be worth more without a road through it?

Beamur Sat 08-Feb-14 23:23:21

If it is a public highway, then the Council will have a record of it.
I think the law on usage of a route with vehicles to gain rights has been changed by the effect of the Natural Environment and Rural Communities Act 2006 - which had a retrospective effect too, so I think you may find if there are not already recorded rights you won't be able to claim rights have been gained by use.

nickymanchester Sun 09-Feb-14 11:07:52

The council planning dept will be able to give you that information

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