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marksmedley

Parking Opposite A Driveway

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Time to pick a few brains and experience on a personal matter but one that crops up around the web on various non Police forums. I have a garage with drop down drive at the rear of my house. Despite ample unallocated parking for the blocks of apartments opposite, one of the tenants insists on parking directly opposite my garage on the narrow street. This makes exiting the garage extremely difficult and despite being a very competent driver :whistle: its hard to miss his car or any car that parks there as the turning circle is minimal. I had a sign put up a month or so ago on my fence that says Polite Notice please do not park opposite the garage. Yet despite an empty car park he still continues to park opposite. My local authority were extremely helpful but their powers were restricted to yellow line offenders etc however they did say that as a Police officer we have powers to deal with obstructions cause by inconsiderate parking. Obviously not just someone getting upset because someone has parked outside their house in their favourite spot. I am not one to want to use Police powers for my advantage but would like to be armed with actual facts or correct interpretation of the law that perhaps could be used in a polite persuade and advice scenario. I apologise to bring a personal question but would apprecaite any feedback or prior experience any fellow officers have had.

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iv'e heard something along the lines of: if they are in their driveway, you can park in front cos they have just as much right to use the road as you, but if your not there, they can't cos you have a right to enter your property.

Make sense at all? not sure myself. could be some truth!

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Thanks for a speedy reply. Yes thats my understanding too. In this case its slightly different as they are causing an obstruction by parking on the opposite side of a garage/driveway on a narrow road rather than across the entrance. Its years since I passed my driving test (too many) but I always thought there was a road law to that effect but think I must have been mistaken.

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Have you spoken to the person or at least written a note and left it on his car informing him the difficulties you have when he parks there?

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Yes I have left a very friendly polite note. I found that crumpled on the floor later. I would like to speak face to face but haven't had the oportunity as I'm unsure which flat he lives in and haven't sem him arrive or depart. It may be one of those things that we just have to put up with as there are people I know that just will not obey laws or even polite requests. I guess thats why we all became special constables to help stop those that refuse to obey the law parts :whistle:

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Have you tried parking your car where he parks his?? I know it's a bit petty but it would be worth a try!

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No I resisted that as if I found it it could be classed as causing an obstruction it would be harder to pursue having done the same thing myself. Unfortunately there are so many of these type of people around this area. I'm not being overly fussy but if you took a snapshot of the street now its absolutely empty with all of the allocated spaces free. But guess where "braindead" has left his car (the only one here at the moment) parked.

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I don't suppose you are a 2 car family are you?

If so park your second car opposite your drive where he normally does. When you want to leave in the other car, shunt the second one up, pull out in the first then return the second 'protecting' your entry/exit route.

Bit faffy but he might get the message and after having to park elsewhere for a time you might be able to go back to your original arrangement without him parking opposite again.

(Did that make sense?)

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Had another thought if the above is not workable/too petty.

You can do someone for obstructing an officer in the line of duty, how about obstructing an officer on his way to do his duty? In other words you can't get out to do your scheduled duty/can't get out in an emergency.

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It's an offence of plain old unnecessary obstruction if he has parked that way on a narrow road such that you, and other cars driving up the road, have to take unnecessary action to get past - it doesn't matter if you can still still just get past...it's obstruction nonetheless.

Edited by kevinl03

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If you can still get on and off of your drive then unfortunately I doubt that the police would be doing anything about it. There is a difference between an obstruction that prevents access on and off the drive and inconsiderate park that means you have to do a few more maneourves to get off.

I have the same problem. If my neighbour parked up slightly on the pavement then I would have a free flow to my driveway. However, I have to turn right (when I want to go left) and spin my car around up the end of the road. In a previous house my parents had a similar issue.

If this person does not respond to a sign or a note then I think that you have just got to live with it. But that is perhaps something that you do not want to hear.

Edited by DGP

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Thanks for all your replies...if only everyone were Police Officers the world would be a better place :whistle: It doesn't seem as black and white as other traffic regulations so I don't feel convinced to progress the matter other than the polite request. I'm sure if fate has its way it'll be my luck to cross his car path on duty one day just as he decides to take a call on his mobile without hands free :lol:

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It's an offence of plain old unnecessary obstruction if he has parked that way on a narrow road such that you, and other cars driving up the road, have to take unnecessary action to get past - it doesn't matter if you can still still just get past...it's obstruction nonetheless.

The problem is that to qualify as an obstruction as suggested, would be to resort to the old 'if its stopped its obstructing' routine. In fairness and proportinaltiy terms one wouldhave to ticket the whole residential area!!!!!!!!

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We had the same problem, and the guy became violent when we went to speak with him. Maybe when you speak to him/her they will give you another excuse to cart him off :whistle:

Edited by davies2201

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Will keep this in the same topic;

Up in Stoke at the weekend I parked on a road just down from my daughters house, correctly etc. The guy opposite, whose car was on his drive, just drove it out, double parked and blocked the road, as in just left his car, facing the wrong way alongside mine.

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Remember this is not a legal drop in service.

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No its not a legal drop in service!!! Its a forum where active serving specials can gather experience from fellow officers in all matters we may come across in our day to day duties. Whether they are personal legal questions or those we come across on duty the title of this particular forum is "its the law" thats what we are discussing.

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It depends upon the council and the particular road but it might be worth having a word with the local council highways department to see if they can 're assess' the parking restrictions. If as you appear to suggest the road is narrow they may be able to put lines down. The flip side of this may be they put doubble yellows down on your side of the road!

Worth looking in to.

Edited by Chris 1994

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iv'e heard something along the lines of: if they are in their driveway, you can park in front cos they have just as much right to use the road as you, but if your not there, they can't cos you have a right to enter your property.

Make sense at all? not sure myself. could be some truth!

I think you mean that if someone is blocking a driveway whereby the owner of that drive way wants to get onto it from the road, it is not an obstruction. However, if the owner IS parked in his driveway, and you park in front of it, thus stopping him from getting onto the road, it is then an obstruction.

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Nope. other way round like i said. I think a person has a right to enter their own property with out being obsturcted. Haven't looked up laws, so don't pounce on me for it.

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I don't suppose you are a 2 car family are you?

If so park your second car opposite your drive where he normally does. When you want to leave in the other car, shunt the second one up, pull out in the first then return the second 'protecting' your entry/exit route.

Bit faffy but he might get the message and after having to park elsewhere for a time you might be able to go back to your original arrangement without him parking opposite again.

(Did that make sense?)

I have the same problem where I live, and luckily we're a two car family, so this is the system we adopt...it can get a bit annoying, and the friendly neighbour hasn't got the message yet...if both cars are out, guess where he parks!!!

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Nope. other way round like i said. I think a person has a right to enter their own property with out being obsturcted. Haven't looked up laws, so don't pounce on me for it.

The vehicle driver who cannot get onto the drive is NOT obstructed as they can park their vehicle anywhere else on the road.....

Edited by mcddrums

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Other than having a word if you get the chance regarding it and seeing if you can offer advice.

The closest I can think of is Dangerous Positioning s22 of RTA but that wouldn't cover it as the legislation states that

It is an offence for a person in charge of a vehicle to cause or permit the vehicle to remain at rest in a position or such a condition or in such circumstances as to involve a danger or injury to other persons using the road.

It could be a danger in that you may damage your car or others but I tihnk you'd be hard pushed to prove it.

Regards

Edited by MrGuf

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On a similar vein, would it be an offence if there are clearly designated laybys available and with spaces next to where someone parks?

My neighbour's boyfriend often comes and just parks at the end of our driveway on the curb, which is less then 1 metre from a proper layby, and he has a large vehicle too which juts out over the end of the driveway making it difficult to see if anything is coming down the road. He's also parked over the bus stop a few times too in the past!

Image example... The blue rectangular thingy is where he parks his car.

badparkingaa0.jpg

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I think you mean that if someone is blocking a driveway whereby the owner of that drive way wants to get onto it from the road, it is not an obstruction. However, if the owner IS parked in his driveway, and you park in front of it, thus stopping him from getting onto the road, it is then an obstruction.

Yes, but you would have to prove that their obstruction was willful, e.g. pruposely/deliberately parked in front of drive. Im assuming you are going along the lines of "willful obstruction of the highway". Highways Act 1980, section something?!?! From what you say this is what my sarge told me the other day when i had a similar job. The home owner needs to go on to the road with vehicle, being a highway but a car blocking their drive to go into their private dwelling is not obstruction. I normally PNC the car to see if its local, talk to the owner and talk about having the car towed if they dont abide. Worked so far. Not having no parking road markings makes it more difficult.

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