Legalities Of Drive Blocking

[Andi]

Some git over the road has 4 cars, he has recently purchased a big merc van which he parks

in front of the dropped kerb of my garage/drive.

I have asked him 4 times to move it and even got a do not park sign on my gate (after putting

a dent in my rear wing trying to squeeze out)

Anyway he was there again last night so before i declare an all out war I was wondering if

what he is doing is illegal???

[philshelton]

I think that if you have a droped curb you have a legal right to access. if i am wrong im sure enforcer will let me know. out and out war sounds good to me

[Guest craig030774]

park in his drive may get the message

[Guest rhetorical-oracle]

AFAIK (which may not be correct) If you've got a dropped kerb put in by the local council then it should be registered with the highways agency and technically constitutes part of the highway.

 

Parking anywhere on the highway outside of a designated parking bay is technically illegal, as it constitutes an obstuction under Section 137 of the Highways Act (1980), so really any parked cars in a street could be construed as illegally parked unless the council has set aside designated parking bays for residents / disabled etc... Even if it's not on double yellows, red routes etc... It's just not enforced in places like residential streets and so on.

 

So the police should have the power to fine the driver for illegal parking across your driveway and obstructing the highway. Convincing them to come out and do something about it is another matter entirely.

 

As an aside if you don't actually have a dropped kerb then in most cases you don't have the right to park in a driveway or hardstanding inside the boundaries of your house, as you're breaking the law by driving over the pavement to get to it.

 

I'm sure that Enforcer will be able to confirm or debunk some/any/all of this when he arrives.

[miikae]

Steady Craig as Andi could be open to being clamped !!!

[philshelton]

soon get one of them off

[enforcer]

Hmm. Always a tricky one this and the solution usually lies in a compromise with the neighbour involved rather than any punitive action.

 

Police can deal with vehicles which are causing an obstruction of the highway - powers include enforcement notices (fixed penalties) and / or removal of the vehicle.

 

However if the vehicle is lawfully parked on the highway (ie is taxed, insured, not contravening any road markings, not within 10m of a road junction etc) the the police are not likely to take any action. Regrettably the vehicle parked on your drive is not on the highway per se and cannot therefore be obstructed. Phoning the police over a situation like this (particularly if you cannot get out of your drive) will usually attract a deployment, but it would be a very low priority unless there was an aggravating factor (perhaps if you needed to attend the doctors for treatment etc).

 

I would recommend an honest and friendly discussion with the neighbour and seek some co-operation. This sometimes works, but even if it doesn't you can demonstrate to the police that you have tried at least before going to them for help. I would advise making contact with your Local Policing Officer - you should be able to find all their contact details on the Force's website (usually under the Neighbourhood / Local Policing Section). They might have a word with the individual on your behalf, but we warned, some people will see this as you 'taking them on' and the situation may escalate.

 

You could also try making contact with the Local Authority to enquire about the legal status of your dropped kerb, although in my experience these do not constitute a highway or right of way, although the definition of a highway is basicly hedgerow to hedgerow (including pavements). Might be worth a go. Finally try not to be tempted to do the same to him - leaving your car blocking his drive is more likely to spiral this out of control. Many local authorities have now assumed responsibility for the enforcement of parking issues in their areas, rather than the police.

 

You will add some credance to your case with a few photographs taken over a period of time - these are particularly useful if you can also show that there was adequate alternative parking (ie a large space further down the road and the neighbour has chosen to ignore this in favour of being able to park as close to his house as possible). Also don't be tempted to push an obstructing vehicle out of the way. even if you could. This would be an offence.

 

Good luck!

[Guest rhetorical-oracle]

If all else fails you could always try one of these http://www.revengeisyellow.com/

[Grim]

i phoned up the local police about one of my neighbours, they were at my house within half an hour, and put a ticket on the car as the owner was awol. Even offered to get it towed away which i declined. Never had a problem since!

[enforcer]

Hurrah!

[Andi]

Well thanks for that especially Enforcer. I will try the diplomatic approach once more before logging and photographing.

[Guest mark kingston]

i had a similar problem a few years back and came home from work one night to find i could not get in my drive so i pulled my car up across their drive and packed it on their front lawn and went in doors to have my dinner...

a little while later they came a knocking to say my car was on their garden and i said i would move it in the morning when i went to work and shut the door.....

they knocked again and i got rather rude and with that they buggered off.

i went to work in the morning and never had a problem getting my car on my drive ever again.

some times drastic measures are called for as some people only learn the hard way.

[Guest salty_monk]

that would have been fun to watch.....

 

I think local authorities can do something about this stuff too Dan

[Guest Captain Daz]

I'd just like to commend Enforcer for posting a very clear and unemotional piece. It's very easy to start getting hot under the collar but it really won't help things.

 

At best you may just be able to intimidate someone in to stopping but the worst case is much less desirable. It can escalate very quickly indeed.

 

I know it feels like we 'the victims' are not protected but we all realise the law is a complex beast and police powers are of course bound by this.

 

I had a problem recently with a house having numerous partys (even week days) and night after night. I called the police and they couldn't help. Called the council and they wanted me to fill out a form with dates and times. In the end I went round once (3.30am on my way to work) to ask politely for it to stop. It didn't so I had kept a list of dates times, music, swearing etc. I went round in the cold light of day and at first I was met with a very agressive greeting. I spoke calmly and clearly, stating only facts, telling them that this behaviour was unacceptable. I kept my position firm but still with a friendly manner. Eventually the agression melted and stories of marriage breakdown, moving out etc came tumbling out. In the end the problems stopped.

 

The only reason I'm saying all this is that you really don't want to go down the other route, no matter how much you want to show the guy how you feel and no matter what an arse he is.

 

Keep it calm, keep to the facts, explore every avenue you can. If you do this and it then gets nasty it'll all come down in your favour.

 

Hope you get it sorted soon.

 

Cheers

 

Daz