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.
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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............
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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!
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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?
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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.
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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?
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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.
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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.
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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
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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
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>> If you return home and find a car blocking your wayONTO 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??
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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
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possible troll alert
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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?
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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.
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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.
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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.
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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.
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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
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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?
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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
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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.
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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.
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Suggest you park down the road wait until he moves and then re-locate your car onto drive. There - simple isn't it?
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I would have done that if I was coming into my house. I am trying to get out.
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Get a taxi and worry about it later?
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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
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>> 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.
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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
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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!
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Trolley jack and wheel it out of the way?
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SL - thanks for that clarification!
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>>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
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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
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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.
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>> 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.
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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.
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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)
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(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.
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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?
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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.
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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.
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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.
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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
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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 !
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... 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
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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.
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...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.
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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!
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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.
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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.
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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.
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