Hi Guys
I have moved into a new build house with a carport and the road is only two cars width. The houses that have been built have carports, driveways very close to the road and therefore you need the whole road to enter and exit your property. People do not park on the drop kerb but are parking on the opposite side of the road. Unfortunately my car cannot perform turns at right angles, I cannot enter my property, a dependency is to use the road. The builders have stated they build houses in a such a way in accordance with "government guidelines" and have instructed me to call the police to get cars moved under "obstruction" - not a very permanent solution. The road has yet to be adopted by the highways department and their policy is not to paint double yellows on residential properties as it will not be enforceable.
Do I have a case to sue the builders as I have paid for a driveway which I am unable to use and no one wants to enforce the clear passage of the highway? The planning, highways and builders are all washing their hands of the problem. It's driving me nuts especially on weekends? This is not unique to my area but many new build estates where they want residents to use their driveways but not enforce the good practice. Does anyone know of a sucessful case against builders?
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Wouldn't it be simpler to try and discuss your problem with the owner(s) of the offending cars?
Hawkeye
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Stranger in a strange land
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Whether a road is adopted or not makes no difference to the workings of the Road Traffic Act and so road traffic offences can be committed on any road to which the public have access to. I would imagine the next question is whether the builders have complied with planning regs is the design of the roads, they'd be mugs not to but may be worth having a look at that aspect. Otherwise have a look at a recent thread here on whether an obstruction or not is committed along with an abiding (sub?) urban myth on having to have a car on the drive to prove the offence or not. Sad to report that because of a housing crises houses are being squeezed together onto the most improbable triangles of land. This is the future I'm afraid. Builder wo lives next door says that for roughly every 4 houses built the 5th is pure profit so more of an incentive to huddle houses together.
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I have tried the planning department who advise they can only "recommend" but cannot enforce anything retrospectively. I am sure a civil case against the builders might open their eyes to do something out of court? Setting a precedent in court might be very costly if they have not done so already, in which case I need to find out the sucessful case.
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I have an arrangement with my opposite neighbours, it is the public I cannot enforce. It is a worry knowing everytime I return to my estate that someone might be blocking my right of way. It is not practical to keep asking people to move their cars and some, who take offence, can get verbally abusive and do not move their car. The problem is there are no clear guidelines, you must admit, if there was space with no doubel yellows, would you not park there?
Parking is becoming more of an issue wherever you are in the country.
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I have a simmilar situation where if cars are parked opposite and one side of our drive it makes it impossible to get in /out of. we had a lorry trailor parked one night with a long drawbar which in my oppinion was dangerous as it protruded from the trailor,it was unlite which I believe is an offense and polish origin. The police did not want to know,it was suggested I tie a white sheet to the tow bar.
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rustbucket (the original)
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I once had a related problem with a very tight shared drive (six feet dead at its narrowest between the houses!) where the people next door, years prior to our moving in, had buit a garden wall on "their" part of the drive where it widened out in front of our semi-detached garages. I needed that space to swing my front end round as I backed in. I was an experienced driver and not a bad parker. No way would my car go in, I thought. I had a word with the neighbour- who had been there 30 years and taken many cars down. I was amazed when she showed me how to time the turn spot on and swing in. Obviously I have no way of commenting on the situation that prompted this thread but its worth standing back and seeing if by the right combination of (say) backing in and marking points you might be surprised what may be possible. For example if you can get out when someone has parked opposite then it should be possible (albeit trickier) to get in? I hope you do get a solution as its a real pain to come home and not be able to get in
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you could always consider a Triumph Herald.....they had an unbelievable turning circle
and.....if i can think on anything sensible i'll post that as well........ HNY
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I have an arrangement with my opposite neighbours, it is the public I cannot enforce. It is a worry knowing everytime I return to my estate that someone might be blocking my right of way... if there was space with no doubel yellows, would you not park there?
Set alarm for 3AM, take broom to clean area, masking tape, tin of aerosol yellow paint.
Problem solved.
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Have you tried backing into the driveway? Just a suggestion as I see so many people struggling to drive forwards into spaces in tight carparks of which there are several around my way.
My mums car has a terrible turning circle compared to my little van but going backwards alters the characteristics of how the car takes the turn alot - seems simple and if you have tried it apologies, but so many people dont!
I would gather evidence on video camera over a period of time so you have clear demonstration of the issue and also keep at it with the police.
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Triumph Herald! Memories. trunion bushes every year but worth it to see the faces on people when it turned in impossible places
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....another advantage of RWD better turning circles.
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I pursued a utility company for some 8 days obstruction a couple of years ago.
During roadworks the numpties put an uncovered hole right next to the drive on our side of the road, and another right opposite my drive but slightly offset to the other side. I could come out of the drive in a straight line but couldn't turn to use the road in either direction.
The case involved the local office of that utility's regulator. I received £400 in compensation by negotiation. I was not involved in any litigation or discussion of case law. The company in question made a "good will" gesture of £150, which both the regulator and I felt was pathetic.
If this involves individual households then your best option would be a polite word with offending neighbours. Most people won't want to ruin their nice new investment in property by falling out with the guy opposite.
If it's companies, then a chat with the driver should resolve it. Having said that I have known some drivers working for a living to be completely unpleasent.
The police will act to get a genuine obstruction removed. They have to for ambulances etc.
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This is something we always take into account when buying a house.
We looked at one new estate near Stafford and walked away - four/five bedroom houses with single garages (which won't be used for cars) and single car length drives. Sure enough it is parked solid with residents cars now. We would have been the neighbour from hell there with four cars!
We live on an estate (5 years old) where the drives are two cars wide and many are two cars long! Takes the pressure off the road. Did have some concerns but the custom is to park part on the footpath (!) leaving better access for others - will be more difficult if they start ticketing cars for this.
Only when we vote with our money and stop buying unsuitably planned properties will the builders start leaving more room for car parking!
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In the short term, you need to get a Smart car - then entering/exiting your drive will be no problem.
In the long term, does the road as built comply with the plans passed by the Local Authority? If not pressure them to take action.
Or get the Local Authority to place restrictions (e.g yellow lines) opposite drives to enable them to be used - not sure how practical this will be in your case.
But I am afraid this is symptomatical of modern buildings/developments who are forced by government guidelines to squeeze as many houses into as little a space as possible (and of course it means more profit for the builders). Just try and park a modern car in a modern housing estate garage and you will see what I mean!
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Parking problems can be a real headache.
Just because its legal to park somewhere, it doesn't mean its sensible to park there.
How many times have you seen the following...
1) Cars parked on opposite sides of a road, making a chicane that is only just large enough to get through in a small car.
2) Cars parked opposite dropped kerbs (as with this thread) obstructing access to a driveway. - If you think it's tough to get a car in, try getting a Landrover towing a horsebox into your drive with cars parked opposite!
3) Utility vans parked on corners with junctions (usually double yellows), with no sign of any work being performed.
4) A car double parked next to an empty space.
5) A car parked in the middle of a space large enough for two cars (more annoying if you just witnessed the driver park!)
Feel free to add to the list!!!
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Colin-E
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Surely the planning rules should be changed so every new house has off street parking (excluding garage) for one car per bedroom (or even number of bedrooms plus one to cater for visitors).
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You will only have a case against the builder if they did not adhere to the plans they submitted to the planners. So go check with your local planning dept. If they built according to their plans they you don't have a claim against them. In fact they will just say that you should have examined the plans before you bought.
Up here in York there have been a number of builders who have been building houses with garages only wide enough for a super mini class. Their arguement was that the sizes were clearly stated on the plans--so tough...
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