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29 July 2020 / Michael Orlick
Issue: 7897 / Categories: Features , Procedure & practice , Highways
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Highways: access all areas?

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Michael Orlik examines what constitutes ‘a road to which the public has access’

In brief

  • R ex p Preeti Pereira and Environment and Traffic Adjudicators and London Borough of Southwark: Road Traffic Regulation Act 1984 and parking penalty charges.

It is an offence to park a vehicle on a road in contravention of a traffic regulation order prohibiting parking made under the Road Traffic Regulation Act 1984. Section 142 in the Act defines ‘road’ as meaning ‘any length of highway or of any other road to which the public has access’.

In the case of R ex p Preeti Pereira and Environment and Traffic Adjudicators and London Borough of Southwark [2020] EWHC 811 (Admin), [2020] All ER (D) 95 (Apr) heard by the High Court in February this year, the court considered the meaning of ‘a road to which the public has access’.

The facts—was it a highway?

Dr Pereira lives in College Road, Dulwich, London with her husband Dr Stephen Pereira. The pavement outside their house

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