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are there any laws about parking adjacent to driveways ?

5K views 16 replies 15 participants last post by  2752 
#1 ·
got an issue . our drive is on a bottle kneck of a culdisac just barley wide enough to get a car threw now our opposite neighbours house is sideways to ours meaning the side fence of their garden is opposite our drive . they never park at the front of their house , always at the side adjacent to our drive . this means we canot get on or off our drive . we have spoke to them about it and they refuse to stop parking there . last night it came to a head , claire came back from bingo and couldnt get on the drive , after 10 mins of banging their door , they ignored us and didnt answer .
anyway , we had to call the police , i know this sounds pathetic but its realy getting on our nerves , got an incident number and they moved the cars before the police came round so we called the police and told them not to waste their time by coming round as we got on the drive , but we did get an incident number . going to call the council today to try and get double yellows put there .
just realy wanted to know if there are laws about this so i can quote these to the council . as i seem to understand it you shouldnt park there if you block right of way , is this correct ?
cheers
kieran
 
#2 ·
:) I seem to recall something about parking opposite a standard dip in the curb or over it, but it could be an old wives tale (not much help am I?)
Failing that, after requesting that they don't park there, I see no alternative than you and your missis parking infront and behind of the offending vehicle (at the same time) Perhaps leaving 5mm or so room at each end. See how they like it.
ANY damage to your vehicles and you know who did it ;)
If you can't get legitimate access to your property, where else can you park ,infront of his house? Did'nt you say you were having 10 Van friends round for a small meet (outside his house? I: )

Sorry, non of this is very helpful.

Someone will be along soon with some Gen info

Good luck with the council T:

Chris
 
#3 ·
If you plan on moving soon, don't call the police... You have to declare any neighbourly disputes, which may sway any new buyers from taking your property.

I can't quite visualise your situation, Can't you park outside your neighbours house blocking them from parking outside yours?

If your neighbours have the IQ and courtesy of a cucumber then it could be a long wait for them to win the lottery and move on!
 
#6 ·
If it's blocking access to your property via a dropped kerb then its illegal.

I suggest that next time you get some pictoral evidence, preferably with a date/time stamp on the picture then take it further.

"you must not leave your vehicle or trailer in a dangerous position or where it causes any unnecessary obstruction of the road"

Road traffic act 1988, section 22 & CUR regulation 103
 
#7 ·
I read somewhere that blocking access is slightly different from blocking egress (i.e. you're not allowed to block someone from getting OFF their driveway, but getting on is another matter) Might be totally wrong though.

Know how frustrating it is though. We live near the local school and our driveway is regularly blocked by inconsiderate morons who can't be bothered to walk 20 yards further. Makes my blood boil. I take photos every time and send them into the school. I've been verbally abused (in front of the kids) when i've pointed out the errors of their ways.

Let' s face it, there's a lot of villages around the country missing their idiots.

Hope you get it sorted.
 
#8 ·
Know how frustrating it is though. We live near the local school and our driveway is regularly blocked by inconsiderate morons who can't be bothered to walk 20 yards further. Makes my blood boil. I take photos every time and send them into the school. I've been verbally abused (in front of the kids) when i've pointed out the errors of their ways.
Don't even go there. The amount of mouth breathers i see on a regular basis parking on yellow zig-zags outside our littleuns school is unreal, some even mounting the pavement.............:*
 
#9 ·
We had exactly the same situation in our quiet cul de sac. Next door had got the hump because since i got the van her passenger couldnt step out onto our drive when she parked nose first on hers - the drives have a grass strip about a foot wide between them. They used to have a good try though, lots of dink marks on the side of my van and all the same colour as her car. Total denial though.

OK two can play at that, I put up a small fence about a foot high just on my side of the line down the middle of the grass strip. Only a plastic chain link thing about a foot off the ground (with the option of upgrading to a spike metal chain if need be) meaning that even when my drive was empty she still couldnt step out onto it. Problem solved.

Then she really started playing silly bu**ers. Leaving her car parked on the road across her drive right up to the very edge of our drive, knowing that we now couldnt get out of our drive because of the brick wall on the other side of the road.

Her joy was short lived. The solution? We noted down every time and date every time she did this, with photos to prove it. We called the local area copper, and showed her the notes and photos and explained the situation.

The Pc decided that, while he couldnt tell her to stop obstructing our drive, he would tell her that she was blocking access to the rest of the close for fire engines and ambulances and the firemen in particular would have no hesitation in bumping her car aside with the appliance in an emergency!

The situation at present? She parks her car on the drive but lets her passenger out onto the pavement before pulling up the drive ;)



The highway code rule 217 says,

217: DO NOT park your vehicle or trailer on the road where it would endanger, inconvenience or obstruct pedestrians or other road users. For example, do not stop

"in front of an entrance to a property"

But there is no law preventing this, it is only a guideline.

Where your neighbour parks their car now. Does it obstruct traffic on the road? sounds like it does,

Regulation 103 of the Road Vehicles (Construction and Use) Regulations 1986 creates the offence of unnecessary obstruction. No person in charge of a motor vehicle or trailer shall cause or permit the vehicle to stand on a road so as to cause any unnecessary obstruction of the road.

Section 137 of the Highways Act 1980 (as amended by sections 38 and 46 of the Criminal Justice Act 1982 and the Police and Criminal Evidence Act 1984, Schedule 7) provides an offence of wilful obstruction of the highway. An offence is committed if a person, without lawful authority or excuse, in any way willfully obstructs the free passage along a highway.


if the blocking car is parked across your drive the council may hit them with a parking charge notice, or tow them away , as this e mail from southend borough council shows (forwarded from a canoeing buddy)

"Thank you for your e-mail regarding vehicles parked across your driveway. The Council are at present issue Penalty Charge Notices (PCN’s). If you are the resident of the property and wish to report a vehicle parked across your drive, please telephone 01702-215000 or if outside of office hours 01702-466550. When telephoning you will need to supply your name and address and a contact telephone number. You will also need the make, colour and registration number of the vehicle. If your vehicle is on your driveway and blocked in, it becomes a Police matter.
Vehicles parked on double yellow lines can have a PCN issued to them at any time. For single yellow lines you should refer to the time plate. You can report these vehicles as per the above procedure. "

Parking Management
Southend on Sea Borough Council.


Its the same as noise pollution complaints, if you are going to go down the "official" route - have a note book with all the times, dates and take photos. the more the better. The police or council can only do something if they can see some evidence T:
 
#10 ·
I vote that we have a small-ish meet outside your house H:, I only live in Cropredy, so I can pop over and park up when ever you want!, then I could go round to my folks place ( they live in Dav too) and borrow their LWB T4 motorhome and park that up also I: .

Good luck with Daventry/Chaventry District Council, they are bloody useless at most things, so double yellows could be quite a challenge for them!, and don't the cops have to come from Brackley/ Western Favell now due to the station being closed down? (They must have solved all the crime in the town, which is nice).
 
#11 ·
I used to have my 1959 beetle on my drive and people would regularly park across it. I heard all kinds of excuses form, 'I'll only be 5 minutes', to 'well you see that old car, it never moves'. Not the point mate, I wouldn't park across your drive, so don't park across mine! I was even threatened with being shot in the head, after I left a polite 'please don't park across this drive' note on a Range Rover that was parked there. I obviously called the police for that one. I was told, by the officer that attended that parking across someones private drive is classed as obstruction, and that if it happened again, I could call the police and have the vehicle towed away. Not quite sure about parking opposite a driveway but would imagine the obstruction law would still apply!?
 
#12 ·
I used to have my 1959 beetle on my drive and people would regularly park across it. I heard all kinds of excuses form, 'I'll only be 5 minutes', to 'well you see that old car, it never moves'. Not the point mate, I wouldn't park across your drive, so don't park across mine! I was even threatened with being shot in the head, after I left a polite 'please don't park across this drive' note on a Range Rover that was parked there. I obviously called the police for that one. I was told, by the officer that attended that parking across someones private drive is classed as obstruction, and that if it happened again, I could call the police and have the vehicle towed away. Not quite sure about parking opposite a driveway but would imagine the obstruction law would still apply!?
This happens to me all the time. My drive is opposite a wooden fence. I can JUST get my van out & swing it across to face the right way to drive away. I even have a sign saying no parking. The amount of people who park opposite, thinking it is ok to do so.
I now have a standatd print out that I can place on cars windscreens, to politely request that they not park there again.
Mind you, some idiots park right in front of the gate & totally block me in. Then I just use the Air horns. LOL:
 
#13 ·
A friend of mine had a similar situation when he lived just outside Aylesbury

After 6 weeks of asking nicely, he'd had a particularly bad day at work got the hump after being told to f off and get a life, and chopped into the offending van with an axe:eek:

He ended up doing 6 weeks ish.


The fella didn't park there again though:D
 
#14 ·
i think they are breaking more than 1 law also . parking less than 10 meters to a bend / corner and also making cars coming the other way drive on the wrong side of the road . but maybe none of that counts as its a culdesac ? and they have notices stuck on every fence panel saying that if anyone parks here there cars may get damaged . idiots they are !
think i may just start parking there myself , that will do their heads in .
kieran
 
#16 ·
a guy in work the other day was telling me his uncle jimmy came out to take the kids to school the other morning to find somebody had parked across there garage and he couldnt get out. he knocked on all the houses around but nobody knew whos the car was. he then spotted a couple of them community police people so told them the situation. the police people radiod thro and within 1/2 a tow truck turned up and towed it off.


maybe try this trick one day.
 
#17 ·
got an issue . our drive is on a bottle kneck of a culdisac just barley wide enough to get a car threw now our opposite neighbours house is sideways to ours meaning the side fence of their garden is opposite our drive . they never park at the front of their house , always at the side adjacent to our drive .
Would you care to have a look at:-

www.legislation.gov.uk.

In the Search Box type in Road Traffic Act……leave the Type box on All legislation.

When list appears, under Part 1 Principle Road Safety provision
scroll down to Section entitled Stopping on verges, etc, or in dangerous positions etc.
Click on Section 22 leaving vehicles is a dangerous position.

You may also try typing into the search box Clean Neighbourhoods and Environment Act 2005. This deals with, amongst other things, nuisance parking but you may be able to draw coppers attention to first paragraph in the listing which states the following:-

Crime and disorder reduction strategies:-
In section 6 of the Crime and Disorder Act 1998 (c. 37) (formulation and implementation of crime and disorder reduction strategies), in subsection (2)(a) (reviews), in each of sub-paragraphs (i) and (ii) after “crime and disorder in the area” insert “ (including anti-social and other behaviour adversely affecting the local environment)”.

Might be of some use I hope. . . . . .
 
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