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Driveway obstruction-rules please.  
Driveway obstruction-rules please. - Rita
This probably the daftest question yet but here goes –

Was driving with my motor-mouth older sister (how she hates it when I say that) last week when I had to find an on-road parking space near to a shop where I had to collect a heavy pre- purchased item. No spaces where immediately available outside the shopping parade. All other options were closed/full etc. even after having driven twice round the block.

So the problem then is to risk parking on a double yellow and scoot back to the shop before Young William catches up with me; or to park just beyond the yellow lines but by doing so block the driveway of a private abode.

Older sister – she with the perfect driving licence, well one would have wouldn’t one when one has never turn a key in an ignition since passing a test 36 years ago – insists that I could park across the driveway as I would be on the Public Highway. I have never parked across someone’s driveway simply because I would be obstructing access/exit.

I do know of a long, long road, where virtually every house has ‘dropped kerbs’. What this effectively means is that a two-car family can and does park one vehicle on the drive and the on-road thereby severely limiting parking opportunities for other residents and visitors.

What actually is the legal position re parking across ‘dropped kerbs’?

Have just realised that all text above the last question is redundant. Still, what’s a little verbiage between friends.

Rita

Tags: legal parking insurance

Driveway obstruction-rules please. - Pugugly {P}
Causing an unnecessary obstruction. The irony in your situation is that if the DYL had no vertical stripes on the kerb you would be allowed to park to load in certain circumstances.
Driveway obstruction-rules please. - SteveH42
Related and similar questions, and I hope I don't hijack the thread here: (Both from situations where my parents live)

If you know that someone doesn't use a drive anymore (no car etc) then is it acceptable to park across it? (Presumably you will only get done if someone complains and if they don't have a car they are unlikely to complain)

On a dead-end street, one householder has bought the land at the end of the street to make a drive and garden extension. The gates he has put on this aren't central to the road and this means that if you park on one side you either have to be right on the kerb or you are partially blocking his gate. The thing is, the side they are offset to is the other side of the street to his house. My sisters boyfriend parked there once and the chap claimed he couldn't get his car in to his yard so tried to lift his van out of the way, then called the police to have it towed away and threatened to sue for injuries he claimed he suffered when attempting to lift the van.

What is the legality here? Can you put a gate so that it prevents someone parking otherwise legally on the street? (Especially outside their own property, although this does not affect my parents directly) Did this chap have the right to call the police to get the van towed away? (He actually claimed that as he didn't recognise it as belonging to anyone on the street it must have been dumped)
Driveway obstruction-rules please. - bazza
You cannot prevent anyone parking outside your house on the public highway. You only have a case if they are obstructing your access. Many people automatically assume that they have a right to park outside their house on the public road - they are incorrect.
Baz
Driveway obstruction-rules please. - volvoman
I'd have thought that if you have a run-in it's not just for your personal use but for that of your visitors too. Blocking driveways is a real pain in the behind and most of the time it's only laziness which is responsible. My driveway was blocked several times by a British Gas employee who was working - guess where ??? - yes, NEXT DOOR! The moron concerned could have parked outside either house but no, he had to park across my driveway. In the end I had to ring BG and they ordered him to move the van. In my earlier, more fiery, days the outcome may well have turned into a hospital visit for him and a chat with the Police (if not more) for me but I'm proud to say I remained calm.


One morning a few years ago, I was warming the car up whilst I waited for my wife who I was taking to the station for her commute to the City. The dustcart 'serving' our road was stopped right across my drive - no problem I thought, we've got a few minutes yet. Anyway the idiots who pass for refuse collectors here then decided to have a chat whilst my wife (now at risk of missing the train) and I looked on in total amazement. I tooted my horn and the cart inched begrudgingly forward but the IWPFRC's left 2 big wheely bins blocking the drive. In the end I got so cross that I got out of the car and kicked them out of the way nearly breaking my right foot in the process as they're extremely solid! I really can't understand why some people are so stupid and so selfish - it gets right up my nose!
Driveway obstruction-rules please. - Hugo {P}
"In the end I got so cross that I got out of the car and kicked them out of the way nearly breaking my right foot in the process as they're extremely solid! I really can't understand why some people are so stupid and so selfish - it gets right up my nose!"

V - glad to see you remained calm when you recalled those memories! ;)

H



Driveway obstruction-rules please. - Phil I
VM Cannot see you getting any surplus rubbish picked up in the immediate future. Tooting horns get up rubbish mens noses quicker than any illegal substances.

Happy Parking Phil I
Driveway obstruction-rules please. - Welliesorter
Many people automatically assume that they have a right to
park outside their house on the public road - they are
incorrect.


Well yes... I live on a road where very few of the houses have driveways and it's a rare treat to be able to park outside my own house. I've only been here a few years but in that time we've gone from having quite a few households (including mine) without a vehicle to many with two, or even three, vehicles. I feel that households with more vehicle length than frontage are being a bit anti-social.
You cannot prevent anyone parking outside your house on the public
highway. You only have a case if they are obstructing your
access.


So aren't you effecively saying that if someone has a driveway with an entrance on the public highway, they *can* prevent others parking there?
Driveway obstruction-rules please. - LHM
If I remember correctly, no-one has a 'right' to park on any part of the highway - even in the absence of yellow linery, even in a 30mph area..........

Any vehicle thus parked can be deemed to be causing an obstruction preventing the 'passing and re-passing' by other road users. Parking is only allowed by the good grace of the police - but if, for any reason, they deem your vehicle to be causing an obstruction they can arrange for its removal.
Driveway obstruction-rules please. - paul2007
FACT

the only grey area is the 'obstruction' bit. As some drivers are more adept than others, an obstriction to one may not be to another, eg, i could possibly drive out off and in a narrow/obstricted drive than my other half.

it is anti-social to block peoples drives unless you have their consent.

In my judgement people that obstruct other peoples drives are a bit on the shameless side.

I've parked outside peoples homes one 2/3 occasions and been by the fools living there, 'you can't park here, my son/etc parks here.'! I have to remind them that it's a public highway, not dropped curb, i'm not obstructing anyone and therefore my right to park. however, I do normally move my car as i do not want it trashed.

A few years ago we went to a wedding. parking was very diff. We managed to park and as walking up to the church noted an argument between an acquaintance of ours and a couple of people that lived/rented the house he'd legally parked outside. What i recall as follows;

people ' you can't park here.. fed up with weddings/erc/etc, my daughter parks here..' Our acquaintance told them (we stopped to support him and his family) ''when i come back to my car, if I find out that it has has been damaged in anyway whatsoever, or blocked in, I will pull you out of your home and beat the XXXXX out of you.'' We walked back together from the chruch - he and his family checked the car - all good and they and we left.

At times it is time to take stand!!
Driveway obstruction-rules please. - Westpig
''when i come back to my car if I find out that it has has been damaged in anyway
whatsoever or blocked in I will pull you out of your home and beat the
XXXXX out of you.''


Quality acquaintance....does he beat his missus if she looks at other people?
Driveway obstruction-rules please. - paul2007
Hello westpig

that question i cannot answer as no one knows what goes on behind closed doors and that indeed is a fact.

what I will say is that the guy appears to be a pretty decent guy, hard working and i've never seen him say a bad word to anyone or be drunk/etc the few times we've met at parties/etc.

the couple were agressive, tattoed, out of order and bullies - not other word for it. Their language was threating indirectly. If I'd parked there, i would have been lost for words and too scared, hence driven away feeling small.

all i can say is that the gentleman was spot on and I wish i had the guts to say that.

the odd couple could have easily come out and asked and explained that they had an emergency or frail person coming that could not walk distances/etc and i'm certain that our acquaintance would have moved his car as that is what he did say to me (politness costs nothing)
Driveway obstruction-rules please. - Flat in Fifth
Rita,

I'm probably being a bit thick here, no in fact I am being thick but having difficulty understanding this bit.

"I do know of a long, long road, where virtually every house has 'dropped kerbs'. What this effectively means is that a two-car family can and does park one vehicle on the drive and the on-road thereby severely limiting parking opportunities for other residents and visitors."

Every drive has to have a dropped kerb in order to have legal access to the highway and avoid damage to the kerb. In older areas one sometimes can see where a driveway has been constructed and small pieces of timber placed in the gutter to reduce the height the owner's car has to climb over the kerb. In this case they have been too tight to apply and pay for installation of a dropped kerb.

Anyway to my question. Are you saying the two car families have a dropped kerb and park a second car on the road but not blocking their driveway. Or are you saying the second car blocks their own driveway. If the latter what is so selfish about that?

As I say bit thick today, paint fumes getting to me.

Yes DVD I did remember the trick about drinking milk first. Thanks for the tip.
Driveway obstruction-rules please. - Cliff Pope
You cannot prevent anyone parking outside your house on the public highway. You only have a case if they are obstructing your access. Many people automatically assume that they have a right to park outside their house on the public road - they are incorrect.
Baz

I don't think this is necessarilly true. It is in towns where the land for constructing roads has been purchased outright by the highway authority, but on an old-established road the normal rule is that the frontager owns the freehold of the road up to the centre line.
The public has a right of way along the highway, and the highway authority (if it is an adopted road) has a duty to maintain the highway. But the right of way is just that - a right to use the road as a highway.
Similarly a public right of way along a footpath does not include a right to camp or set up a barbecue, because those are not a necessary part of using a footpath. The landowner however retains the right to do anything he likes, as long as it does not obstruct the public right of way.
Driveway obstruction-rules please. - scruffythedog118
If like me you have 1 car, then I believe this statement to be correct!

If you return home and find a car blocking your way ONTO your driveway, then there is nothing you can do about it.

But.... If you are wanting to get OUT of your drive way then this other vehicle is an obstruction and the plod will / can get involved.

I was advised of this a couple of years back now, by plod, doesnt seem right - but it makes sense, I surpose............
Driveway obstruction-rules please. - peterb
If you are wanting to get OUT of your drive
way then this other vehicle is an obstruction and the plod
will / can get involved.



I had this confirmed by plod yesterday - suddenly my garage "sliproad" has become everyone's favourite parking space!
Driveway obstruction-rules please. - pdc {P}
If you return home and find a car blocking your way
ONTO your driveway, then there is nothing you can do about
it.
But.... If you are wanting to get OUT of your drive
way then this other vehicle is an obstruction and the plod
will / can get involved.


OK, but what if you get home to find a car on your driveway, and you park behind it, blocking it in?

It's not their driveway, but you have obstructed them, so will plod get involved. Or will they only do that when the angry son of a b who you've blocked in takes a hammer to you and your car?
Driveway obstruction-rules please. - HisHonour {P}
A friend of mine living near Chelsea football ground about 20 years ago had built, at great expense, a place for his car on the front of his house - just large enough for one vehicle. Returning one match day, he found someone parked in it. He bricked it in and refused to release it for a week. and not even then until the owner had coughed up £50.
Driveway obstruction-rules please. - pdc {P}
And he didn't get into trouble with the law for bricking it in?

I have heard that you can contact the DVLA for owner details so that you can bill them for parking on your private land, but to brick them in is a different matter, surely?
Driveway obstruction-rules please. - Cliff Pope
What about private carparks or places of business that lock their gates at 5pm? I've always assumed that if you were unlawfully parked and got stuck inside that was tough luck.
Driveway obstruction-rules please. - HisHonour {P}
And he didn't get into trouble with the law for bricking
it in?
I have heard that you can contact the DVLA for owner
details so that you can bill them for parking on your
private land, but to brick them in is a different matter,
surely?

>>

He could, conceivably, have been prosecuted for demanding money with menaces but he also had a good case for trespass against the other guy as by leaving the car in a private spot he caused the house owner the expense of parking on the street (though of course he could have mitigated the costs by releasing the car!). Bricking in the car was no offence in itself and if the idiot parker had attempted to pull down the brick wall he risked a charge pf criminal damage.
Driveway obstruction-rules please. - Rob C
Is there not some way of impounding a vehcle (or any object) that has trespassed onto your land?

My Law tutor once described this, but I have of course forgotten the details
Driveway obstruction-rules please. - HisHonour {P}
Is there not some way of impounding a vehcle (or any
object) that has trespassed onto your land?
My Law tutor once described this, but I have of course
forgotten the details


If an object is trespassing on your land it is, in effect, already imounded as the owner may not legally enter your property to repossess it without your permission. Should he do so he is comitting a further trespass. However, the law also recognises the fact that you may not unreasonably prevent him from regaining his property. If you have suffered a loss due to his trespass (or that of his property) you may ask for reasonable compensation before the property may be removed. For instance - if someone kicks a ball into your garden and no damage is done you may not really refuse to give it back. If the ball has broken a window you may request that the damage be paid for before returning the ball. You may not demand a sum in excess of a reasonable estimate of the repair costs
Driveway obstruction-rules please. - StuW
>> If you return home and find a car blocking your way
ONTO your driveway, then there is nothing you can do about
it.

>>

Surely this can't be right. You wait till someone goes out their drive and then park across it and your doing nothing wrong???? That surely is illegal still because your blocking the owner's access??
Driveway obstruction-rules please. - Redragon
An imbecile has parked his car in front of my gate while the kerb is dropped, clearly indicated as drive, obstructing access in and out of my house.

I rang Greater Manchester Police on 999 and apologised for ringing them on the Emergency number but they gladly took the case on and gave me a log number 3 hrs ago promising to get somebody to deal with it ASAP. I have been informed that there is no patrol officer free for 3 hrs and they cannot find out the owner of the car. They asked my make enquiries with neighbours which I have done with no use.

I am amazed that there is no law to punish the offender while any child with learning disability would know, not to park their vehicle causing obstruction to access.

I wonder what would have been the fate of my patients if I was on-call for the hospital and had to get in for an emergency.

I am sorry the GMP is too soft, slow, and unhelpful and work on the motto' the computer says NO' for every phone call. The chap at the end of snip phone number.... is trained at giving no help. All that he can say is ' I cant give you a time , we are busy...... Ha Ha Ha.

This country needs to do more in educating such imbeciles. The car should be simple seized for week and if no response crushed.

SQ

Edited by Dynamic Dave on 09/01/2010 at 15:10

Driveway obstruction-rules please. - madf
possible troll alert
Driveway obstruction-rules please. - AndyTheGreat
possible troll alert


Agree, this has to be a wind up?

"I wonder what would have been the fate of my patients if I was on-call for the hospital and had to get in for an emergency."

What about the poor soul who couldn't get through to 999 becuase some idiot was calling about a car blocking the drive?
Driveway obstruction-rules please. - Redragon

It appears some idiots do not understand that people delivering service at the end of 999 could be blocked by imbeciles, thereby further delaying the poor soul's outcome who is trying to reach 999.
Driveway obstruction-rules please. - AndyTheGreat
It appears some idiots do not understand that people delivering service at the end of
999 could be blocked by imbeciles thereby further delaying the poor soul's outcome who >>is trying to reach 999.


Wow, apologies redragon, didnt realise you were the only doctor in the world and so important that peoples lives will be at risk without you. Sorry to sound so harsh but you seem to be 'bigging' this up a bit. If I phone up 999 about something trivial, does it make it all ok provided I apologise about it? Or is it only ok when you do it? What if everyone started to do this?

How about this as a sensible course of action:

1 - Knock at neighbours houses to try and find owner of car
2 - If owner not found, call local police station (not 999) to see if they will assist.
3 - If access still blocked, get taxi to work or ask friendly neighbour for a lift.

Quite simple really. I get the impression you are annoyed (understandably so) and are only here to let off some steam.
Driveway obstruction-rules please. - Redragon


Thanks for the suggestions ' The Great'
Did all that and then rang 999 as last resort. I will send you my taxi bill to work 26 miles one-way.

As a matter of fact, I am the only doctor for my hospital when it come to certain specialist emergencies, in my abscence they would have to take the patient a further 30 miles down the road in an ambulance. Thats hypothetical but the point is irrelevant to the discussion. We should be discussing how individuals who disrupt others' lives should be held accountable. I was looking for clarity of legal lines on here about driveway obstruction.

The fact that you appear to attack the victim suggests you may have some experience as an offender yourself, that you are making excuses to your conscience.

Responding to your reaction has helped me let off more steam. Thanks.
Driveway obstruction-rules please. - AndyTheGreat
to work 26 miles one-way.


I think its very selfish of you to live for far from your work. You should move a bit nearer so you can walk into work.
should be held accountable. I was looking for clarity of legal lines on here about
driveway obstruction.


Its been discussed many times before, try using the search function. Stop being so lazy.
The fact that you appear to attack the victim suggests you may have some experience
as an offender yourself that you are making excuses to your conscience.


I always park across peoples drives. Why not? Works well for me as there is always a space. There's nothing the home owner can do about it. I'm also the guy who always parks in the disbaled spaces in the supermarket, again nothing can be done about it - I like the way the spaces are bigger, makes it easier to park the X5.
Driveway obstruction-rules please. - Dynamic Dave
I always park across peoples drives. Why not? Works well for me as there is
always a space. There's nothing the home owner can do about it.


There is, but not legally unfortunately. Nothing to stop you however getting a couple of mates to box the offending car in with there cars.
I'm also the guy who always parks in the disbaled spaces in the supermarket again nothing can be done about it


An ex work colleague parked right behind someone in a disabled bay one evening at his local sports centre. They couldn't move forward as there was brick wall blocking their path, and couldn't move backwards as ex colleagues car was mm's away from his rear bumper. A call came over the tanoy while he was having a swim "could the owner of car reg abc 123w come to reception please". My ex colleague wraps himself in a towel and heads off to reception to find an irate off duty copper wanting to get his car out of the carpark as he was shortly due to go on duty. His answer to the copper was something along the lines of he should have known better than to park in a disabled bay, now if you excuse me I'm off to continue my swim for another hour or so.

I realise your post is only joking, but at times I wish I had an old banger I couldn't give a stuff about and box a few cars in that don't display the blue badge. Or even better, a tank and park on top of their car.

Edited by Dynamic Dave on 09/01/2010 at 21:44

Driveway obstruction-rules please. - L'escargot
It appears some idiots do not understand that people delivering service at the end of
999 could be blocked by imbeciles .........


What about cretins, morons and simpletons? How do they rate in this?
Driveway obstruction-rules please. - old crocks
possible troll alert


With a name like Red rag on it must be a load of bull.

Edited by old crocks on 09/01/2010 at 15:40

Driveway obstruction-rules please. - Manatee
I can quite understand you calling the police but why use the emergency number?

Make reasonable efforts to find the owner (i.e. knock on a few doors), if no luck summon a bit of help and bump or drag it out of the way.
Driveway obstruction-rules please. - Redragon

Thanks for your reply. I did ring the local police first and could not reach an officer. I then rang 999 and apologised, and they were fine to receive this message and forward me to another number in control room.

I did also knock on my neighbours and down the road with no luck. The law does not permit you to drag or move another persons vehicle.
Driveway obstruction-rules please. - CGNorwich
Suggest you park down the road wait until he moves and then re-locate your car onto drive. There - simple isn't it?
Driveway obstruction-rules please. - Redragon

I would have done that if I was coming into my house. I am trying to get out.
Driveway obstruction-rules please. - AndyTheGreat
Get a taxi and worry about it later?
Driveway obstruction-rules please. - L'escargot
An imbecile has parked his car in front of my gate while the kerb
is dropped ...........


Instead of just moaning about it, why don't you do things sensibly and apply to your local council to have access protection "H" lines painted on the road in front of your drive? tinyurl.com/y9c6xrf
Driveway obstruction-rules please. - SteveLee
>> If you return home and find a car blocking your way
>> ONTO your driveway then there is nothing you can do about
>> it.
>>
Surely this can't be right. You wait till someone goes out their drive and then
park across it and your doing nothing wrong???? That surely is illegal still because your
blocking the owner's access??



Correct you can legally park across an empty drive, sounds bizarre and unfair but it's true. Also many many people in my area turn their gardens into driveways but don't cough up to the council to have a drop-kerb installed. Legally these are NOT drives as there's no dropped kerb. you can park across these irrespective if there's a car there or not, indeed the owners are breaking the law as they are technically driving on the pavement to get to their parking space.
Driveway obstruction-rules please. - Armitage Shanks {p}
Yes but they are driving across the pavement, crossing the kerb on the dropped section. If driving on the pavament is against the law why does it matter how you access/cross it?

Edited by Armitage Shanks {p} on 09/01/2010 at 15:29

Driveway obstruction-rules please. - SteveLee
Yes but they are driving across the pavement crossing the kerb on the dropped section.
If driving on the pavament is against the law why does it matter how you
access/cross it?


Because adding a dropped kerb legally makes that piece of pavement access way. No dropped kerb then it's pedestrian only pavement!
Driveway obstruction-rules please. - bathtub tom
Trolley jack and wheel it out of the way?
Driveway obstruction-rules please. - Armitage Shanks {p}
SL - thanks for that clarification!
Driveway obstruction-rules please. - fredthefifth
>>Because adding a dropped kerb legally makes that piece of pavement access way. No >>dropped kerb then it's pedestrian only pavement!

Just what I was about to add Steve, but I wasn't sure. I was going to say to that I am *fairly* sure that a dropped kerb can only be installed with the permission of the local authority and it does have legal significance. Also that any any action can only be instigated at the request of the person whose drive is obstructed. ie Mr Plod cannot just book somebody for parking across a dropped kerb like they could a yellow line. This probably explains why it is ok to park across your own drive!

FTF
Driveway obstruction-rules please. - L'escargot
Yes but they are driving across the pavement crossing the kerb on the dropped section.
If driving on the pavament is against the law why does it matter how you
access/cross it?


Where there is a dropped kerb, the foundations of the pavement have to be stronger than elsewhere to prevent damage to underground services by cars driving over the pavement. tinyurl.com/ybwh3pd
Driveway obstruction-rules please. - Westpig
Correct you can legally park across an empty drive sounds bizarre and unfair but it's
true.


Not correct and a common myth.

The obstruction is caused either way i.e. a driver wanting to enter a driveway or leave it can be obstructed.
Driveway obstruction-rules please. - SteveLee
>> Correct you can legally park across an empty drive sounds bizarre and unfair but
it's
>> true.
Not correct and a common myth.
The obstruction is caused either way i.e. a driver wanting to enter a driveway or
leave it can be obstructed.


My parents had someone park across their drive when they were out, after a day they called the police, the police said there's nothing they can do, there are no laws being broken. They said my parents should leave a note on the windscreen asking them not to do it again! This is a grey area, can you prove obstruction when a car parked across your empty drive is not actually denying you use of your vehicle? That's the problem with some of our laws they are open to interpretation!

I believe some of the laws in this area are being amended at the moment and they may go the other way - i.e. you could get nicked for parking across your own driveway! That's even madder! Still it'll raise a fortune in fines for the local authorities to squander on outreach workers.
Driveway obstruction-rules please. - Westpig
the police said there's nothing they can do there are no
laws being broken. This is a grey area can you prove obstruction
when a car parked across your empty drive is not actually denying you use of
your vehicle? That's the problem with some of our laws they are open to interpretation!



I've heard the same...and from people that work in police control rooms....but it definitely isn't accurate. For some reason it's become one of those things that have done the rounds.
Driveway obstruction-rules please. - paul2007
hi

i agree - several years ago the law changed and those in the answer phone section are a bit slow on the take - aka urban myth.

the law is as follows:

when you park, you must not obstruct an access. this is to and from and that is a FACT
EG, how the hell does anyone know if there is a car in the garage or not?

we had probs years ago and have moved since - I called the cops, and got them to get the fool to move the car even though mine was outside as the fool was hindering my access via dropped kerb. We also had a garage so the fool did not know if we ahd a car in there or not.

ostruction of the highway, your access is a serious offence - call the cops via local number and demand action. (only downside is that these fools that block drives are usually of low intelligence and may smah you, your home and car)
Driveway obstruction-rules please. - AndyTheGreat
(only downside is that these fools that block drives are
usually of low intelligence and may smah you your home and car)


Very true.

I had a row with a guy once over parking across driveways. I had in fact parked across a driveway - my Dads at his house. Car was parked fully on the pavement and there was enough room in the road for a bus to get through - thats a fact as buses did actually run down his street.

Guy across the road comes over and starts ranting and raving, saying his wife could not get out of their driveway and it was my fault.

Funny thing was that after a few minutes of arguing his wife had got the car out and driven off up the road, so I'm not sure what the problem was. Also, if there was any problem it was because he had parked his other car so close to his own drive that you could only get out by driving out in a straight line. So it was ok for him to park his car on the pavement opposite my Dads drive, but not for anyone to do the same back.

The point being is that the guy was a tatoo covered chav, very big, scary and with a short temper. At times like that with unreasonable people it just doesnt matter whos right or wrong when the chav starts to throw punches or damage property.
Driveway obstruction-rules please. - adsk
Correct you can legally park across an empty drive sounds bizarre and unfair but it's
true.


I'm amazed that that's true because my drive often appears empty because my car is in the garage - doesn't mean that a car parked across the entrance to the drive would not be causing an obstruction. Do I need to leave my garage door open so that that car can be seen to avoid being blocked in?
Driveway obstruction-rules please. - Westpig
I'm amazed that that's true because my drive often appears empty because my car >> is in the garage -


In my circs, my old car, on a Classic policy, isn't covered at home at night if it's not in the garage. If the myth were true and I went out in it, but couldn't access my drive/garage to put it back for the night, then i'd run the risk of not being able to claim on the insurance if it were nicked....which is clearly a nonsense.

I've had stuff towed before, when people block my drive, the last one having left it there all weekend.

My 'Meldrew' sign on the gates doesn't do the trick either...amazing how ignorant some people can be.
Driveway obstruction-rules please. - AdrianM
Highway code rule 243

DO NOT stop or park....
-in front of an entrance to a property
.......except when forced to do so by stationary traffic.

No specific law banning it (as far as I can tell) - but not allowed under Highway Code.
Driveway obstruction-rules please. - Mick Snutz
found this on a web site and it sums up what some of you have been writing:

The Big Issue ? Parking Directly In Front Of A Person?s Driveway
This is, by far, the single most frequent cause of annoyance and arguments between neighbours and, unfortunately, the law does not help in this regard. Basically, even if it?s not always possible to park directly outside your own house, it is common courtesy and respect not to park directly in front of the driveway of another person?s property. After all, they may need to get in or out of the driveway with their vehicle themselves and if you?ve blocked the access by parking directly in front of it, it will cause the vast majority, if not everybody, to become annoyed and to try to locate the owner of the vehicle as soon as possible to get them to move it. Therefore, most neighbourly people will never park directly in front of someone?s driveway. However, IMPORTANT NOTE ? it?s not illegal to do so!


The Highway Code, paragraph 207, asks that people DO NOT park their vehicle where it might cause an obstruction to other pedestrians or road users and cites the example of not parking in front of another person?s driveway. However, this is where the law gets ?cloudy?. It does not legally state that a person MUST NOT park in front of another driveway. Therefore, whilst mutual respect between road users tends to dictate a policy of not doing this so as to avoid unnecessary conflict, it?s not backed up by law so if you experience problems with this and your neighbour digs their heels in and refuses to co-operate, all you can then do, if you need guaranteed access and exit, is to park your car elsewhere and not on your driveway.


In essence, whilst there are certain rules and regulations under the Highway Code relating to parking on public highways, mostly it?s a matter of common decency and courtesy. Speaking calmly to neighbours and explaining reasons why you might need to park here or there, if practical, will usually result in you getting what you want. Just remember, however, that unless they are breaking the law, people are entitled to park anywhere they want to on a public highway providing they aren?t in breach of the Highway Code. If they are, then you can report that matter to the police if further action needs to be taken.


Driveway obstruction-rules please. - Westpig
When parking offences passed over to the local authorities from the police i.e. the ones you'd normally issue a ticket for...two were retained for police only:

1, dangerous position
2, unnecessary obstruction

if someone blocks a driveway or similar, they're up for grabs on no.2, get a fixed penalty notice and/or have the vehicle towed.

there's another offence (i.e. a non parking type offence) of wilful obstruction of a highway...that's more designed for your demonstrator etc e.g. sit downs outside parliament...you'd more likely get arrested for that one. In theory (although unlikely) you could get done for this one by blocking a driveway...e.g. deliberately parking there and refusing to move when asked by officialdom
Driveway obstruction-rules please. - Redragon


Hi All

Many thanks for your comments and suggestions, especially to keep safe distance from chavs.

To complete the tale, the guy who parked the car turned up neatly dressed up and appeared to have just woken up after a long nap at 5.30 pm. He had the slightest clue of what was going on around his car. I jumped out and approached him asking him ifit was his car. He said ' Yes'

I asked him if he failed to notice that he had obstructed a driveway where he had parked and he profusely apologised over and over again. He said he di not realise that it was a driveway. I asked him if he could not see the 7 feet tall gates and the path created in the drive having dug up the snow ? He admitted his mistake and was genuinely sorry when I told him that I had been waiting for over 4 hrs to get on with our weekend family chores. He said he was ashamed of what had happened also because he works for a young offenders institution. Believe me, the driveway and the gates are as obvious that even a bat wouldnt fly in that path anticipating traffic.

Anyway, I accepted his apology and asked him to pay more attention in future to his actions that could incovenience others. Just short of shaking hands we parted peacefully. The Police rang to inform me that the problem was graded as lowest priority and they had a 4 hr target time to attend to it; just as we have a 4 hr target in A&E at hospitals.

What a wasteful day !
Driveway obstruction-rules please. - jbif
... The Highway Code, paragraph 207, asks that people DO NOT park their vehicle where it might cause an obstruction to other pedestrians or road users and cites the example of not parking in front of another person’s driveway. However, this is where the law gets ‘cloudy’. It does not legally state that a person MUST NOT park in front ... >>


Micksnuts:
I think you may have got that off an outdated website
www.problemneighbours.co.uk/parking-disputes.html

Para 207 of the current Highway code deals with "Particularly vulnerable pedestrians", not with parking. You need to look at para 243, the Parking section of the current code:
www.direct.gov.uk/en/TravelAndTransport/Highwaycod...0
243 DO NOT stop or park .. in front of an entrance to a property

Also, read
www.opsi.gov.uk/ACTS/acts2004/ukpga_20040018_en_9
"Prohibition of parking at dropped footways etc."

Edited by jbif on 09/01/2010 at 23:21

Driveway obstruction-rules please. - Redragon
Also, read
www.opsi.gov.uk/ACTS/acts2004/ukpga_20040018_en_9
"Prohibition of parking at dropped footways etc."


Many thanks for the above link. The rules are pretty clear in here. I will send it to the police officer at our local police control room who did not quite know the rules when I asked her my legal position. She was waffling and seemed well trained at ducking.

Sadly we rely too much on them. I wonder what % returns we get out of the council tax we pay towards the Police service during our life time.

RD.

Driveway obstruction-rules please. - ifithelps
...www.opsi.gov.uk/ACTS/acts2004/ukpga_20040018_en_9
"Prohibition of parking at dropped footways etc"...

This applies to Special Enforcement Areas (SEAs) which themselves have to created by local authority order - effectively a bye-law.

I suspect many suburban streets are not designated SEAs which leads to the confused picture we have seen on this thread.


Driveway obstruction-rules please. - Harmire
We live in an area where Decriminalised Parking Enforcement applies and our District Council web-site says:

The Council is responsible for enforcing on street loading and waiting restrictions within the District. Previously this was the responsibility of the Police. The change of responsibility has taken place to achieve

?A greater emphasis on enforcement
?The council will be more able to respond to residents concerns
?Offences will no longer be a criminal but a civil offence and dealt with by a streamlined County court system
?The Council can issue Penalty Charge Notices for parking adjacent to a dropped footway

Clear enough in our area!
Driveway obstruction-rules please. - Westpig
The local authority do not have the authority to deal with the two offences that have been left to police i.e. dangerous position or unnecessary obstruction..if you ring them they cannot deal i.e. no yellow line or specific offence within their jurisdiction.

Don't mix up the Highway Code with specific bits of legislation e.g. Road Traffic Act etc. Just because the HC suggests something should/should not happen, it doesn't mean it's an offence.
Driveway obstruction drop kerb law police council - parkingofficial
www.echo-news.co.uk/news/local_news/southend/47460.../
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.
www.echo-news.co.uk/news/local_news/southend/47460...e 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.
www.echo-news.co.uk/search/?page=0&searchpattern=d...g

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.
drop kerb parking uk laws - parkingofficial
There are two types of dropped kerbs, those outside driveways allowing easy access to the residents of individual houses and those used for pedestrian crossovers.

The law basically says that you should not obstruct dropped kerbs Of course, obstructing any dropped kerb will cause inconvenience either to the owner of the property who cannot obtain access or egress from their property, or in respect of pedestrian dropped kerbs you can even cause danger to pedestrians, particularly the elderly, disabled and mothers with prams. The legislation which allows local authorities to issue Penalty Charge Notices to vehicles parked across kerbs is the Traffic Management Act 2004 and the London Local Authorities and Transport Act 2003. Parking across certain dropped kerbs is also contrary to Highway Code rule 243 which states:

DO NOT stop or park:
? where the kerb has been lowered to help wheelchair users and powered mobility vehicles;
? in front of an entrance to a property.

City Council in London will be one of those enforcing dropped kerbs. However, many of their dropped kerbs have double yellow lines across, so it is very clear to a motorist that they must not obstruct at any time. However, there are many kerbs within Westminster and also other boroughs, which have a single yellow line across them. Of course, dropped kerbs required for pedestrian access should always have double yellow lines across where they are located in a controlled parking zone. By enforcing dropped kerbs with single yellow lines, Westminster Council are enticing motorists to park on a Sunday and after 6.30pm in the evening because a single yellow line indicates that a motorist may park. However, they have confirmed that they will be enforcing dropped kerbs with single yellow lines at any time. So a motorist driving to central London on a Sunday and parking on a single yellow line (as he is entitled to do) albeit across a dropped kerb will receive a £120 ticket from Westminster.
South avenue southend has also been targeted as migrants are causing issues.

We have carried out a relentless campaign and have told Westminster that it is tantamount to entrapment and that they should install double yellow lines across the dropped kerbs which they wish to enforce. We have pointed out that it will not help the disabled, the elderly and mothers with prams to enforce dropped kerbs with single yellow lines because in busy areas they will always be blocked. If they really wanted to help these types of people cross the road safety then they would install double yellow lines. However, Westminster say it will cost them almost £2,000 per dropped kerb to install a second yellow line! We have complained to the Department of Transport and we set out below text from two emails received, which is self-explanatory.

"The Traffic Management Act gives powers to enforce against parking beside dropped kerbs to local authorities. Such parking is contrary to Highway Code rule 243. There will be no new special signing for this situation.?

However I would agree that in areas of ?surface treatment? where kerbs have disappeared or become minimal driver would have grounds to challenge on the ground that the no dropped kerb can be identified. That the area where parking has taken place should be dropped kerb in contrast to (un-dropped) nearby kerb side. These matters will have to be sorted in court or traffic adjudicators."

"I agree a double yellow line is unambiguous. I personally agree single yellow line could be misleading and will try to have that included in any guidance."

"Dropped kerbs in shopping street situation where there may be tactile paving guiding the partial sighted are definitely not a place that should be obstructed. This is contrary to Highway Code. Double yellow line would be best as the most unambiguous approach. I will continue to investigate what guidance we can give to London Local Authorities to avoid single yellow lines."

We have sent this information to Westminster City Council by email, but they will not respond to us. They say they have done an information campaign, but there is nothing on their parking home page and there is nothing in their latest edition of The Westminster Reporter.

What the Highway Code says is clear, however, unlike most sections of the Highway Code, there are no details of the law written underneath. We will wait to say what the adjudicators say when motorists who feel they have been trapped by Westminster take their case to appeal who are more keen to make money than keep the kerbs clear go to the adjudicator.

The highway code says that "you must not wait on single yellow lines during the hours of operation" so where you have a single yellow line across a dropped kerb there is a conflict.

Also under the 2004 act a dropped kerb must be dropped to the level of the road. Many dropped kerbs are lowered to just above the road and there is still a small step. We do not believe that these are dropped kerbs and they may be unenforceable.
Driveway obstruction-rules please. - L'escargot
Here's some information (which I assume is authoratitive) about dropped kerbs. tinyurl.com/ye4k7ae
blocking driveway waiting is not allowed uk - parkingofficial
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 cannot park , wait in or out of a car across a driveway (engine running or not - that car must not be stationary or moving slightly) , 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 retaliation 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.
blocking driveway waiting is not allowed uk - dieseldogg
Blinking eck
I were just going to suggest to Rita, that the driver stay with the vehicle while the 2nd person makes the collection, seemed a sensible idea. The vehicle can be moved iffen entry or egress is required by another vehicle
But the post as above says that this is also a "fine getter"
perplexed I am.
blocking driveway waiting is not allowed uk - pda
Pheonix Paul anyone:)

Pat
blocking driveway waiting is not allowed uk - AdrianM
So you could potentially get a ticket for parking across your own drive?

I used to park in front of my own garage (no driveway but a dropped kerb to access). This prevented someone else from doing so (just in case I actually wanted to get the weekender out) and freed up a space in the street. Not such a good idea now.
blocking driveway waiting is not allowed uk - Harmire
Clearly, the situation varies betweens councils. The New Forest District Council has a published policy:

3 When can a Penalty Charge Notice be issued
A Penalty Charge Notice at the higher rate (£70) can be issued if a vehicle is parked at a dropped footway unless the following circumstances occur:

The vehicle was parked wholly within a designated parking space

The vehicle is parked outside a residential premises by or with the consent of the occupiers of the premises (this does not include shared driveways)

Vehicles being used by the emergency services

Vehicle is being used for the collection/delivery of goods and there is no viable alternative location

Vehicle is being used in connection with building, demolition or utility works and is not parked for longer than necessary

The driver is prevented from proceeding by circumstances beyond their control

For purposes of allowing people to board or alight from it, provided the vehicle does not wait longer than necessary for this activity to take place.
blocking driveway waiting is not allowed uk - Barrington
I was searching for other peoples comments since I have an imbecile parked across my driveway at this very moment. The pavement is lowered and my car is on the driveway totally obstructed, I cannot move my car from my drive. I'm a disabled driver and my car is my only means of getting around. I spoke to my neighbours, but no-one knows who the car belongs to.

Well the situation is this: The police attended within an hour of my call and are currently trying to trace the whereabouts of the owner. It IS an offence to obstruct an exit if the kerb has been lowered with local authority permission. However, as said previously, if the obstruction occurs whilst the drive is empty this is something of a grey area. It is still an obstruction, but you cannot claim against the offending party for loss of use of your vehicle. If the vehicle exit is the only exit from the property it may also be deemed an emergency exit.

One can apply for an injunction against nuisance (it the same person/vehicle obstructs an access repeatedly) and can also claim costs against the offending driver for necessary taxi expenses etc. if the obstruction denies the property owner use of their vehicle. This info as stated by the attending police officers.

Unfortunatly they also pointed out that breaking into the vehicle myself would be regarded as criminal damage, and attempting to move it could be regarded as theft.

All things considered I hope it's still there until the morning, in which case the police will send a recovery vehicle to tow/lift it away and it will cost the owner at least £120 to get it back.

So in summary, yes you can block a vehicle exit, but don't expect your car to be there when you return!
blocking driveway waiting is not allowed uk - Honestjohn
Sorry, I caught this thread late.

You can be prosecuted for parking across your own dropped kerb for obstructing an entrance. One reader's car was towed away for this 'offence'.

HJ

Edited by Honestjohn on 05/02/2010 at 09:22

blocking driveway waiting is not allowed uk - tony46

after reading some answers to the blocking of a driveway, i think i need to but some straight on the legal matter.Firstly, if a resident has a driveway, but does not have a dropped kerb/ vehicle crossing, then the resident is breaking the law if they bump the kerp with their vehicle to gain entry to their driveway(Sec 184 highways act 1980).With this in mind, other road users can park infront of the drive.

on the other hand, if there is a droped kerb/vehicle crossing constructed and this is blocked by another road user, then legaly they have broken the law(Sec 137 highways act 1980 & the Road traffic act)

blocking driveway waiting is not allowed uk - Westpig

All things considered I hope it's still there until the morning, in which case the police will send a recovery vehicle to tow/lift it away and it will cost the owner at least £120 to get it back.

The only reason you have to wait until the morning, is the logistics difficulties of your local police dealing with it now. If they had the time and inclination it could be ticketed now for unnecessary obstruction and removed under police powers. The problem is the police officer would have to wait for the tow truck and that might take an hour... and they won't want the officer sat o/s your house for an hour (or maybe more), when he/she could be more productive elsewhere. By waiting for the morning, the chances are the vehicle will have gone or before 0800 they'll be able to spare someone to sit and wait for the tow truck.

blocking driveway waiting is not allowed uk - JanScotland

I live on a narrow street which is also a bus route so we can only park on the left. On Saturday night I parked partially across a neighbour's drive (he could still have gotten in and out). This neighbour does not have a car and any visitors he does have always park on the street. Rather than asking me to move my car or just leaving it where it was he called the police to who told me I had to move it - very good use of local police resources!!!

Anyway, tonight his next door neighbour is parked in exactly the same spot I was in on Saturday night and there has been no police visit and no requests for the car to be moved. I know both of these neighbours have an issue with me that has nothing to do with parking but has he shot himself in the foot by allowing her to park there when he called the police on me? I now have pics to back me up with this too.

blocking driveway waiting is not allowed uk - Westpig

I know both of these neighbours have an issue with me that has nothing to do with parking but has he shot himself in the foot by allowing her to park there when he called the police on me? I now have pics to back me up with this too.

What on earth are you going to do with your 'evidence' ...and who is going to take any notice of it?

If someone has a dropped kerb, you shouldn't be blocking it, you commit an offence. If the owner of the house with the blocked kerb gives someone permission to block it, that's their prerogative (i.e. they paid for the house with the blocked kerb access)..although as HJ states higher up the page, some local authorities are prosecuting people for blocking their own drives.

blocking driveway waiting is not allowed uk - Clk Sec

I would not be too happy with a neighbour blocking my drive, particularly if it was one that I did not have a good relationship with.

Clk Sec

blocking driveway waiting is not allowed uk - Sofa Spud

I was wondering day if you could still be done for obstruction if you park across someone's driveway with their permission, while you're visiting them, like I did the other day..

Or even if I park across my own driveway, blocking my other car in - would that be an offence?

Edited by Sofa Spud on 06/04/2010 at 14:57

blocking driveway waiting is not allowed uk - Avant

Apparently so (HJ's post above, 5 Feb 2010). I would hope that most police forces would drop a case once they'd found out that the car belonged to the house-owner.

Edited by Avant on 06/04/2010 at 19:07

blocking driveway waiting is not allowed uk - Lefty

Here is a question.

I park in a close that is big and that loops round and has various little cut through paths to get the other parts of the close.

Now There is one path that is about 20metres long and starts and finishes at the roadside. Can I park where the path finishes on the road? Fully on the road not half on the kerb or anything like that? I am there for all of about an hour a day and someone left me a rather nasty note saying I was blocking a public right of way. I don't see how that is possible as I am on the road.

Anyway they can easily get around my car onto the road if they so please as there is grass running along the side of it.

what does everyone think?

blocking driveway waiting is not allowed uk - Sofa Spud

I was once in Nottingham visiting someone and I parked along the road from their house.

An old bloke on a moped pushed deliberately past the car, brushing against it in an obvious way as he waddled his moped to his gateway, although he had about 50 feet of clear space on his other side.

I thought this was funny and so very 'Nottingham'!

blocking driveway waiting is not allowed uk - b308

Without actually seeing it its impossible to say, L. If the "path" ends with a dropped kerb and you park across it, then I suppose you are blocking the path... remember not everyone is able to just step of a kerb and round your vehicle... some need those dropped kerbs!

blocking driveway waiting is not allowed uk - Andrew-T

I don't see how that is possible as I am on the road.

But leaving a vehicle in any (narrowish) road can block it. Blocking a footpath is a bit different I suppose.

I get the feeling (round here at any rate) that in the last few years many drivers can't be bothered to spend time looking for a legal parking place - they just use any space big enough which is not threatened by traffic wardens. This can be any pavement (which is theoretically reserved for pedestrians, remember) more than 5 feet wide; and there are common examples of a pavement being so obstructed by cars that the inconvenienced walkers or buggy-pushers are forced into the road, where the parked cars ought to be.

As both a driver and a pedestrian, I think a parked car should have the same rights as any other stationary object 2x2x3 metres left in an inconvenient place. Move it.

blocking driveway waiting is not allowed uk - Westpig

Apparently so (HJ's post above, 5 Feb 2010). I would hope that most police forces would drop a case once they'd found out that the car belonged to the house-owner.

It wouldn't be the Old Bill...it would be the local authority....and a lot of what they do has to do with tickets and revenues.

blocking driveway waiting is not allowed uk - Avant

Apologies, Westpig - I picked up the word 'prosecuted' without thinking that in this case it would be the LA.

Point of information - If such a case led to a dispute where the police were called in, would they then prosecute someone for obstruction or pass it over to the LA?

blocking driveway waiting is not allowed uk - Westpig

Point of information - If such a case led to a dispute where the police were called in, would they then prosecute someone for obstruction or pass it over to the LA?

Could do, depends. There are police power to deal with Obstruction i.e. the only two tickets left that police can issue to do with parking viz: Dangerous Position or Unnecessary Obstruction. The problem is with these, is that the Police have to wait for the tow truck to turn up..and most call outs are at least an hour...so they are often reluctant to do so. Plus the fact it will not be any kind of modern policing measurable priority, which unfortunately is what it is all about nowadays.

There is another more substantial offence of Highway Obstruction, the sort of thing used for demonstrations etc e.g. people.. i'm not talking about that one, that would be unusual to use in those circs.

Driveway obstruction-rules please. - Ditso

Please don't park across my drive it sends me nuts. I fear that one day I will take an axe to somebody.

The cul de sac I live in is about 400 yards long with a lot of dropped kerbs but there are some places you can park. Yet for some reason every plumbers/electricians/delivery van that comes in to the close seems to think that it' s a good idea to block my drive?

Driveway obstruction-rules please. - Kittypercy

I have a similar problem, my road has a lot of dropped kerbs but also some spaces at the top and bottom. It cost me a fair bit to have my front garden paved and for the council to drop the kerb but was necessary or I wouldn't have bothered as I don't mind walking.

This was nine years ago and since then, even when the council had increased powers to enforce the no parking or obstructing resident's driveways (in or out) I've had an endless stream of inconsiderate , thoughtless people parking there.

On one occasion I asked them to move and they refused so I rang the council to have them removed, they left before the tow truck arrived sadly. Yesterday I went out shopping and when I came back half my dropped kerb was blocked and I tried to get in the gap. I stalled the first time because my little car had trouble getting up the kerb and I was worried about wrecking the wheels. Others cars were waiting to get by and yes I should have asked the offending driver to move but that's hindsight for you. So I put my foot down and literally sc***ed in. I imagined smashed lights and major dents but it was just superficial damage.

Of course I was livid with myself as well as the other people involved. The stupid part was they were some of my neighbour's family, who were picking up their child and they should have known better.

Anyway they came over and informed me that I'd damaged their car. I'm a middle-aged, soft type of woman who hates confrontation but I did lose the plot a bit, years of obstruction/aggro and then this. I told them they shouldn't have parked there and their excuses were, we have children, we weren't long (they were and admitted it), you should have a white H line painted and we can park there.

Then because I was infuriated and showed it (no swearing though) they wanted my insurance details, I said no, some car polish would get rid of the scratches and the husband said he was going to get the police. So I asked them to wait and fetched my daughter (she's on crutches at the moment), my camera and my insurance details.

My daughter spoke rationally and reasonably to them and refuted all their arguments, basically told them they didn't have a leg to stand on and they backed down.

They apologised and I did, at least I think I did a bit and they said lessons were learned on both sides.

Well they've learned not to park outside my house again and I've learnt my daughter should have been a lawyer. :)

Driveway obstruction-rules please. - LucyBC
They should not have parked there but being illegally parked does not affect the issue of liability.

If they were parked and you ran into them you are liable. It does not matter whether they were illegally parked or not.

In liability terms you should not have attempted the manoeuvre and they have a legitimate claim against you for recovering the costs of their damage.
Driveway obstruction-rules please. - Kittypercy

Yes you are correct I shouldn't have tried to access my parking space, I made an error of judgement and I realise it was my fault for damaging their car.
That wasn't the point I was making.

The funny thing was I bumped into the husband's mother yesterday. She's a very good neighbour and was embarrassed about it and she couldn't stop apologising enough for her son's actions.

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