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Parking Opposite A Driveway


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#26 skyrocketbursts

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Posted 26 November 2008 - 08:30 PM

i have this problem of someone parking opposite my drive as well and she is causing an obstruction i have put a note on her car but she is still blantantly doing it, the road is narrow and i am worried about hitting her car with mine. can i complain to the council highways department for instance?


this is causing a real hazard and i am worried if there is a fire at my house and the fire engine can get down well anyones house that lives near me.

i dont know what else to do


#27 ChrisNewmanUK

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Posted 27 November 2008 - 03:20 PM

if someone prevent you getting your vehicle off the drive, it is obstruction. If someone prevents you getting on your drive (eg parking at the bottom of the drive on a public road) it is not obstruction.

Drop kerbs have no meaning in law.

#28 iPlod

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Posted 27 November 2008 - 03:50 PM

if someone prevent you getting your vehicle off the drive, it is obstruction. If someone prevents you getting on your drive (eg parking at the bottom of the drive on a public road) it is not obstruction.

Drop kerbs have no meaning in law.


Not true. I received a parking ticket last night when I came out of work. The contravention on the PCN states 'parked at a dropped kerb'.

However, I will be contesting this as the definition of a dropped kerb is any part of the footway or verge where it has been lowered to meet the level of the carriageway of a road for the purpose of (a) assisting pedestrians crossing the road; or (b) assisting vehicles to enter or leave the road across the footway or verge".

In my case the dropped kerb is in front of a 6 ft high fence. It is not leading into a property as Section 243 of The Highway Code States.

#29 TallGuy

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Posted 27 November 2008 - 09:29 PM

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.



if someone prevent you getting your vehicle off the drive, it is obstruction. If someone prevents you getting on your drive (eg parking at the bottom of the drive on a public road) it is not obstruction.

Drop kerbs have no meaning in law.


Unless you both have read a legal ruling that I haven't, then it is the other way around. The obstruction part in this instance is where the offending vehicle is preventing your vehicle from leaving the highway and entering your driveway which is not a highway. Both vehicles are on a highway. When you vehicle is on your driveway and the offending vehicle is parked such that you can not enter the highway then that vehicle is not comitting the offence of obstruction of the highway (because as stated before your drive is not a highway) unless at the same time they are obstructing the passage of vehicles on the highway.

#30 skyrocketbursts

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Posted 27 November 2008 - 10:03 PM

Unless you both have read a legal ruling that I haven't, then it is the other way around. The obstruction part in this instance is where the offending vehicle is preventing your vehicle from leaving the highway and entering your driveway which is not a highway. Both vehicles are on a highway. When you vehicle is on your driveway and the offending vehicle is parked such that you can not enter the highway then that vehicle is not comitting the offence of obstruction of the highway (because as stated before your drive is not a highway) unless at the same time they are obstructing the passage of vehicles on the highway.


this shows that this is one thing that needs clarifiying, as it seems that we cant find one thing to put things right for each other.

#31 TallGuy

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Posted 27 November 2008 - 10:09 PM

Hopefully td95 or another Black Rat will be along to put the official stamp on it. I'm more of a hamster than a rat. :prone:

#32 ChrisNewmanUK

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Posted 02 December 2008 - 09:14 AM

Not true. I received a parking ticket last night when I came out of work. The contravention on the PCN states 'parked at a dropped kerb'.

However, I will be contesting this as the definition of a dropped kerb is any part of the footway or verge where it has been lowered to meet the level of the carriageway of a road for the purpose of (a) assisting pedestrians crossing the road; or (b) assisting vehicles to enter or leave the road across the footway or verge".

In my case the dropped kerb is in front of a 6 ft high fence. It is not leading into a property as Section 243 of The Highway Code States.


Im confused by this as well now! Ive had 2 trainers give me opposite responses....!

With your dropped kerb, http://www.opsi.gov....a_20040018_en_9 this says it has to be in a special enforcement area - whatever one of those is!

#33 HOT FUZZ

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Posted 02 December 2008 - 09:15 AM

Not true. I received a parking ticket last night when I came out of work. The contravention on the PCN states 'parked at a dropped kerb'.

However, I will be contesting this as the definition of a dropped kerb is any part of the footway or verge where it has been lowered to meet the level of the carriageway of a road for the purpose of (a) assisting pedestrians crossing the road; or (b) assisting vehicles to enter or leave the road across the footway or verge".

In my case the dropped kerb is in front of a 6 ft high fence. It is not leading into a property as Section 243 of The Highway Code States.


Prehaps its for part (a)

#34 TallGuy

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Posted 02 December 2008 - 01:05 PM

Prehaps its for part (a)


I'd go along with that as the quoted section states 'or' not 'and'. Without pictures of the scene however it is difficult to judge. A point of not on dropped kerbs is that the differential in height between the mean road level in the area immediately adjacent to the kerb and the upper edge of the dropped kerb has according to my recolection to be no greated than 1 inch. I beleive it was a town in Hampshire that sparked off a big debate over dropped kerbs when somebody picked up on this point after the road was resurfaced and the kerbs were 5mm higher than the specified limit forcing the council to reset all the kerbs. I think they just went around and slapped a bit more tar on the edge of the road.

#35 jerry boam

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Posted 26 June 2009 - 08:12 PM

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.


It's interesting that as of 2009 the highway code was changed from"you must not restrict access TO the public highway" to "you must not park in front of a driveway"

The act is intended for private dwellings and not shared driveways.

It has enabled local officers to ask neighbours to move a vehicle. Although the highway code is not law it can be used to excercise powers under the law.

As the highway code was previously worded owners have been asked to remove a car from in front of a driveway but been unable to demand someone moves a vehicle if the driveway was obstructed when the owner returned.

I have never heard of it being used as suggested that you are powerless to act if someone needs to leave their home when it's blocked.

As to driveways being public highway, the local authority defines it as being under the highway act due to dropped kerbs being required which they,the council, are responsible for maintaining.

I was told the a driveway IS classed as the highway regardless of whether the owner has paid for it to be put in or the council.

It is this reason that allows you to use a driveway to turn around in if the road is narrow.

Before 2009 this ruling was only ENFORCIBLE in the greater London area but has now been extended to cover the rest of the uk.

The only time someone is allowed to park in front of a driveway now is with the owners permission,unless for reward.
Technically the Highway Code is being broken.

The Highway Code

"DO NOT PARK in front of an entrance to a property" - Highway Code point 217

Although failure to comply with the other rules of the Code will not, it itself, cause a person to be prosecuted, The Highway Code may be used in evidence in any court proceedings under Traffic Acts to establish liability.


And from the Traffic Management Act 2004 Part 6:

Quote: 86 Prohibition of parking at dropped footways etc.

(1) In a special enforcement area a vehicle must not be parked on the carriageway adjacent to a footway, cycle track or verge where—
(a) the footway, cycle track or verge has been lowered to meet the level of the carriageway for the purpose of—
(iii) assisting vehicles entering or leaving the carriageway across the footway, cycle track or verge;
This is subject to the following exceptions.
(3) The second exception is where the vehicle is parked outside residential premises by or with the consent (but not consent given for reward) of the occupier of the premises.
This exception does not apply in the case of a shared driveway.
(9) The prohibition in this section is enforceable as if imposed—
(a) in Greater London, by an order under section 6 of the Road Traffic Regulation Act 1984 (c. 27),
(b) elsewhere in England and Wales, by an order under section 1 of that Act.

Of course as I said while the highway code is not the law It is however based on the various statutes that comprise the law on driving, parking, etc.

By parking in front of the entrance to a property you are obstructing the entrance. Obstruction is an offence under the law for which you can be prosecuted.

And from the council in support of the act

"The dropped kerb area is still public highway, and as such the public have a right to pass and repass (basically you should not be parking on the crossover) but you have the right to cross from the carriageway to your property via the legally constructed access.

It is against the law to block a legally constructed dropped kerb access to a property.



#36 Nordoff

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Posted 19 July 2009 - 03:18 PM

Probably/certainly not legal but a quick solution would be lift the back of the car with an engine crane and push it back....

Just a thought, don't take it seriously.

#37 MerseyLLB

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Posted 19 July 2009 - 11:03 PM

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!


AFAIK there is no offence of blocking access to your driveway, however if you are on the drive then they are obstructing access onto a highway which there is an offence for?

#38 VerySpecialConstable

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Posted 21 July 2009 - 12:00 AM

Huh.
When I was learning to drive I was informed it was an offence to:
Park on the side of a juntion within 10 meters either side.
Park directly opposite a junction.

I would've though this instance pretty much falls into the latter catagory, despite the junction leading to a "private" drive way?

#39 Parkinginfomation

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Posted 26 January 2010 - 01:57 PM

Just had a email back from the Local council and followed it up with a call. To sum up no person including a neighbour cab , tax , friend can park , wait in or out of a car across a driveway , parking entrance with a drop kerb . This means no waiting at any time or the police , traffic department of the council or clampers can issues tickets , tow your car , warning you , give a PCN .

There are no excuses , parking across a driveway , blocking access is not petty and will be treated as a serious offence as it causes misery and often ends up in some form of retailiation or violence and so there is a zero tolerence policy.

The council representative said "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.

http://www.echo-news.co.uk/news/local_news/southend/4746051.Motorists_who_block_driveways_in_Southend_to_be_fined/


Southend council ( essex ) are to work with local essex police to stop people from waiting, running or parking their cars across driveways ( even in on a public road ). Whether people have been shopping / waiting for a taxi or waiting for a lieft to the gym private property must not be taken advantage off.

http://www.echo-news.co.uk/news/local_news/southend/4746051.Motorists_who_block_driveways_in_Southend_to_be_fined/

People are parking / waiting / collecting / loading / unloading on a single and or double yellow lines and people will have to learn the hard way.

This is not a petty issue and it has been said that neighbours are the worst offenders and people are a poorer background are more likely to offend. Ethic minorites are seen as not being able to abide by the law an are being penalised with people of non white origin being subject to 80% of the fines.

Local clamping companies are being inundated with requests to help enforce the nuisance. Do call your local police force . council for more infomation.


http://www.echo-news.co.uk/search/?page=0&searchpattern=driveways+blocking

A CRACKDOWN on obstructive parking has been launched in Thundersley. Residents have complained of dangerous parking outside the Tyrells health centre in Seamore Avenue, Thundersley.

Drivers have been parking on grass verges and across driveways making residents angry and parts of the road damaged, including a gas main which had been knocked down as vehicles try to pass each other on the congested street.

PC Clive Hanson of the local neighbourhood team has been out and about to catch disruptive drivers and warn staff working at the Tyrells not to use the road as a car park.

PC Hanson said: "It's not fair or safe to be blocking people in. We need to enforce safety issues for other road users. I don't want to be giving out tickets, but I will if I have to."

He issued his first £30 fixed penalty notice to a car in Seamore Avenue yesterday because it was preventing another driver from pulling away from the kerb and was blocking a driveway.




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