Jump to content


Photo
- - - - -

Parking in front of driveway


  • Please log in to reply
47 replies to this topic

#1 Time_Bandit

Time_Bandit

    Forum Regular

  • Members
  • 643 posts

Posted 29 May 2005 - 07:20 PM

I know this question has been done before so if anyone can point me in the right direction of the thread....or if they can just remember!!!

If someone parks in front of your drive and you don't have a drop kerb, there is basically nothing you can do.

If you DO have a drop kerb and someone parks in front I seem to remember someone saying the offence depended on whether or not the person was trying to get in or out of their driveway.

Will the Police issue an unnecessary obstruction if they are preventing the car getting OFF the driveway as well as getting ON???

Thanks... :whistle:

#2 Lord Vader

Lord Vader

    Lord and Master of All I Survey

  • Lifetime Power Users+
  • 11,968 posts

Posted 29 May 2005 - 07:33 PM

Simple offence of unnecessary obstruction, fixed penalty £30. Not a huge amount more then police can do about it...

#3 Time_Bandit

Time_Bandit

    Forum Regular

  • Members
  • 643 posts

Posted 29 May 2005 - 07:39 PM

Does it make a difference whether or not the person is trying to get out of the driveway or in???

Edited by Time_Bandit, 29 May 2005 - 07:39 PM.


#4 simon

simon

    Experienced

  • Members
  • 782 posts

Posted 29 May 2005 - 08:14 PM

Does it make a difference whether or not the person is trying to get out of the driveway or in???

View Post

I wouldn't imagine so, although I cant confirm this.

#5 Lord Vader

Lord Vader

    Lord and Master of All I Survey

  • Lifetime Power Users+
  • 11,968 posts

Posted 29 May 2005 - 10:29 PM

Does it make a difference whether or not the person is trying to get out of the driveway or in???

View Post

Not as far as I am aware... :whistle:

#6 Time_Bandit

Time_Bandit

    Forum Regular

  • Members
  • 643 posts

Posted 29 May 2005 - 10:35 PM

Cheers...BR any advances on that...?

Edited by Time_Bandit, 29 May 2005 - 10:36 PM.


#7 GMA79

GMA79

    Forum Obsessed!

  • Members
  • 3,844 posts

Posted 30 May 2005 - 12:34 AM

I think I read in the past that blocking a car in teh driveway was more of a problem because it was depriving the owner the use of the car, whereas blocking an empty driveway was only depriving them the use of the driveway.

Gareth

#8 DKNwhy

DKNwhy

    Forum Legend

  • Members
  • 2,319 posts

Posted 30 May 2005 - 11:43 AM

You can have the vehicle towed away at the owners expense, but it has to be done through a police officer. Did this many years ago for the same reason, but I think our force rules have changed now to circumstances that the vehicle must be obstructing the road.

View Post


Indeedy! As said.. by blocking a driveway.. you are obstructing the owner from getting onto the highway....

#9 Time_Bandit

Time_Bandit

    Forum Regular

  • Members
  • 643 posts

Posted 30 May 2005 - 11:55 AM

Indeedy! As said.. by blocking a driveway.. you are obstructing the owner from getting onto the highway....

View Post

What about obstructing the owner from getting OFF the highway.

My only real question is; Is there a difference depending on whether the person is trying to GET ON to their property or GET OFF???

#10 The EHO

The EHO

    PoliceSpecials.com Expert (Pollution Police!)

  • Members
  • 770 posts

Posted 30 May 2005 - 02:28 PM

Just to add that every driveway should have a dropped kerb outside the property anyway.

It is an offence to drive a vehicle across a footpath, other than where the kerb has been dropped, to access a driveway. This is under the Highways Act 1980, and the Council can require by notice the owner/occupier of the property to have the kerb dropped.

This is in addition to any police offences of driving on the footpath.

The EHO!

#11 JS

JS

    Supreme Poster

  • Members
  • 3,453 posts

Posted 01 June 2005 - 11:24 AM

As others have alluded to - it is an offence to obstruct a driveway when a vehicle is in it - i.e. stopping them from getting access to the highway. If there is no vehicle in the driveway then there is no offence even if the owner wants to get their car in the driveway. This is because the driveway is not part of the highway, so there is no obstruction of the said highway.

Too many highways and driveways in that I fear ...

James

#12 Shove

Shove

    Learning the Ropes

  • Members
  • 175 posts

Posted 01 June 2005 - 01:18 PM

I know this question has been done before so if anyone can point me in the right direction of the thread....or if they can just remember!!!

If someone parks in front of your drive and you don't have a drop kerb, there is basically nothing you can do.

If you DO have a drop kerb and someone parks in front I seem to remember someone saying the offence depended on whether or not the person was trying to get in or out of their driveway.

Will the Police issue an unnecessary obstruction if they are preventing the car getting OFF the driveway as well as getting ON???

Thanks... :whistle:

View Post





Access needs to be prevented for the offence to have occurred (either on or off the premises). So as long as you are prevented from driving your vehicle on or off your drive then the offence is complete. THis would also include any of your visitors. Call the police and ask them to remove the vehicle. They have the power to as the highway is being obstructed.

Shove

PS Simon was your response a wild guess or a deliberate attempt to confuse?

#13 DKNwhy

DKNwhy

    Forum Legend

  • Members
  • 2,319 posts

Posted 01 June 2005 - 08:08 PM

See now.. my argument in the past has been that obstruction is caused for vehicles trying to get on to their driveway too... as the pavement is classed as part of the highway, and the fact that a certain part of the pavement allows for motor vehicle users to cross it would to me mean that obstruction would be complete in both cases.. entering or exiting the highway.

#14 kjmcculloch

kjmcculloch

    Settling In

  • Members
  • 349 posts

Posted 01 June 2005 - 08:18 PM

In Scotland it could be classed as theft

#15 DKNwhy

DKNwhy

    Forum Legend

  • Members
  • 2,319 posts

Posted 01 June 2005 - 08:35 PM

Theft of.....??

#16 kjmcculloch

kjmcculloch

    Settling In

  • Members
  • 349 posts

Posted 01 June 2005 - 09:37 PM

If you block a vehicle in a drive then theft of that said vehicle. In Scotland you need not take possession of a persons property to be charged with theft. To deprive a person of the use of their property even for only a short period is considered theft.

As in Carmichael v Black and Prentice 1992
In this case the two accused were employed to place wheel clamps on cars parked in a private carpark without authority. They also attached a notice to the cars stating a 45 pound levy for the release of the vehicles. They were convicted for theft and extortion.
Held on appeal: The purpose and effect of the wheel clamping was to immobilise the vehicles and deprive the owners of their use of their vehicles. The physical element of appropriation was present and there was no need for physical removal of the vehicle, as deliberate appropriation in the knowledge of it's consequence was sufficient to prove theft.

I think the same could be said for blocking someones car in their drive.

#17 DKNwhy

DKNwhy

    Forum Legend

  • Members
  • 2,319 posts

Posted 01 June 2005 - 09:48 PM

I see! Someone mentioned something like that to me before! I am not expert on Scotish law though!

#18 Stormchaser

Stormchaser

    Starting Out

  • Members
  • 96 posts

Posted 01 June 2005 - 11:15 PM

What if it starts to become a regular problem - i.e. neighbour's who keep parking their car in front of driveway blocking car in, all the time.

Could a Sect. 59 Police Reform Act be considered - re: anti-social use of the vehicle? :whistle:

#19 DKNwhy

DKNwhy

    Forum Legend

  • Members
  • 2,319 posts

Posted 01 June 2005 - 11:20 PM

I would suggest FPN's.. and failing the presence of the owner/driver, removal of the vehicle is the best line to go down..

#20 Top Cat

Top Cat

    Forum Obsessed!

  • Power Users
  • 3,670 posts

Posted 02 June 2005 - 12:29 AM

We've had this one before.
Any vehicle stopped on the public highway is an obstruction of said highway.
In a restricted road, we do not act on this usually. If there is an agravating factor, like parking across a drive, we often will.
Maybe by FPN, maybe by recovery (and also FPN!)

#21 Time_Bandit

Time_Bandit

    Forum Regular

  • Members
  • 643 posts

Posted 02 June 2005 - 04:51 PM

So, as I can't seem to get a definitive answer....is the consensus of opinion that the 'Two different obstructions' (One PREVENTING ENTRY to the driveway and one PREVENTING EXIT) are of the same seriousness!!!

P.s. THEFT :whistle: :lol: :D :D

#22 kjmcculloch

kjmcculloch

    Settling In

  • Members
  • 349 posts

Posted 02 June 2005 - 06:06 PM

P.s. THEFT :whistle:  :lol:  :D  :)

View Post


I thought it was a valuable input.

#23 Time_Bandit

Time_Bandit

    Forum Regular

  • Members
  • 643 posts

Posted 02 June 2005 - 06:14 PM

I thought it was a valuable input.

View Post


It is mate... :lol:

It was more of a dig at myself not having thought of it like that. :whistle:

#24 Guest_vision_*

Guest_vision_*
  • Guests

Posted 29 December 2005 - 12:52 PM

Interesting read...... we have had a white van parked across our drive for the past 3 hours which means we have had to park our car SIX roads away... I have put a note on the car asking them not to park there again.

Hubby wants to sit in his car in the road and just honk his horn until the owner comes out of whatever house he/she is in... we have tried knocking on the doors near us..

#25 Guest_vision_*

Guest_vision_*
  • Guests

Posted 29 December 2005 - 01:11 PM

Interesting.... the guy just knocked on the door and said he didnt bother asking if he could park across the drive as the silver volvo that was there this morning had gone (our car, hubby was out with a few of the children) I said he should have knocked as someone was in and that its polite to ask permission. He said "no one was in, the car had gone" so i repeated that someone was in.

He said "Well I aint moving the car as there isnt anywhere else to park and I cant be carrying tools up and down the road, Im working on GAS you know!"

I said we had had to walk children through snow from 6 roads away as we had an obstruction on our drive.

His reply was.. well I aint moving it cause I cant carry tools up and down the road.

I asked him if maybe the police explaining it to him might help him understand and he said "You can call who you like, the police aint gonna do nuffink to me cause Im not breaking any law and there is no where else to park"

I firmly said "DONT park across our driveway again... thank you!"

and shut my door.

So... there you go.




0 user(s) are browsing this forum

0 members, 0 guests, 0 anonymous users