Parking up on a byroad

[Batista230]

Did not know weather to post this in the motoring or land section of this forum
But this will be the 4th confrontation with the game keeps I have had now!
I have parked my camper van overnight on or next to a public byroad

My argument is- it is a public byroad where a motor vhircle is allowed on
There argument is- you are not driving now, you are parked up along side the road and therefore are off of the road and are on common land and you are now trespassing

What do you think please?

[des8]

Re: Parking up on a byroad

If you are "on the road", if a public highway nothing the gamekeeper can do
If you are "next to the road" you may or may not be on public highway. Is this a lay by?
What exactly do they mean by "common land"?

Can you give the exact location?

[Batista230]

Re: Parking up on a byroad

It would be hard to say if it where on the road or not because it is next to the bridge and is hard standing undernight the grass that menas that someone put the gravel there in the first place
hear is where it is https://osmaps.ordnancesurvey.co.uk/....6731909931,17
its call Birk Beack common fell and belongs to lord Lowther

[des8]

Re: Parking up on a byroad

If it belongs to Lord Lowther it is his property, and if you park on it you are trespassing.

From the map there is no indication of ownership.
The fact there is a hard standing says nothing about ownership.
I was actually trying to view it on Google earth, just to see what it looked like, and if there was any signage.

You perhaps ought to consult theLocal highway authority to ascertain if that hardstanding is part of the highway or not