Driveway parking?

Poppy9

shadej wrote: »

I live in this borough and these are their rules.
My drive holds two cars and my hubby's car was on our drive.
Even if it wasn't I would still have asked for a ticket and would have been well within my rights to do so. Its my drive not and I should be able to access it at all times.
Your OH is mistaken on this one.
Redbridge

That refers to obstructing your footway crossing not your vehicle access.

OH isn't wrong, he's a police officer and the Road Traffic Act is law in England and Wales.

Also a member of the public cannot order a police officer to issue a ticket any more than they can order an officer to arrest someone.

It's explained better here


[/quote]

Kelvin Reynolds - British Parking Association

The question of obstruction or 'unauthorised' parking across or within private driveways is common enough - but what can be done about it? In short obstruction of access to the Public Highway is an offence and Police have Powers to enforce this - Everyone has a legal right to obtain access to their premises at all times.

However, very often the process is so complex and obtaining the proof and evidence so tedious that it rarely is enforced, with many Forces taking the view that Police resources can often be better used. This is particularly true given that local authorities are now better placed than ever to introduce specific parking control measures if they see fit and appropriate and to use civilian enforcement means if necessary. More and more local authorities are now doing this.

The Traffic Signs Regulations and General Directions 2002, is the Statutory Instrument which gives authority to all road markings and traffic signs. Those Regulations do include a provision for the placing of a ?white line? across driveways and other entrances where it is preferred that vehicles do not park; this marking may be used by local authorities, at their discretion, but has no mandatory significance. It merely indicates an area which should be kept clear and can assist in areas of high demand for parking spaces and where full parking controls are not considered appropriate.

It is common practice for private landowners to place notices or road markings on their land to indicate that they will not tolerate or condone parking of unauthorised vehicles and often these are accompanied by a statement to the effect that 'offenders will be wheel clamped'. These kinds of situations are subject to the laws of Contract or Trespass; persons undertaking to clamp vehicles and demand a fee for its release are required by law to hold a relevant licence issued by the Security Industry Authority (SIA). (http://www.the-sia.org.uk). I should also draw attention to the BPA Code of Practice for Parking Enforcement on Private Land and Unregulated Car Parks; this can be downloaded from our website at http://www.britishparking.co.uk. It is a voluntary Code to which all BPA Member companies subscribe and sets out best practice in the use of clamping etc.

I have provided a comprehensive summary of the rules as they stand, but I?m not sure if this is the answer you were looking for, in that you cannot force the local authority to do what you desire; albeit that it might be a reasonable course of action which they could take if they were mindful to do so and they do have the Statutory powers to do so if they wish. I can only recommend that, if it is important to you to maintain access to your driveway and that it is regularly obstructed, you continue to lobby for assistance from Police and /or the local authority, but I believe they are not legally obliged to provide it. Remember also that your own vehicles would be subject to any controls or road markings introduced by the authorities and this may not be to your advantage.

I'd forgotten about the white lines the LA charge you £100 to paint but they do not prohibit parking in law, it's just a polite reminder that there is a driveway here.

kitchpoo

You may have a case with informing the police as this is obstruction. Could a fire engine easily get access in an emergency?

Wig

goldspanners wrote: »

this car isnt in your drive, its across it.

The full story is in the thread.

shadej

Poppy9, you seem to have taken offense when I intended none.
In order to access any drive on a street you need to drive across a foot path.
A foot way crossing is a dip in a public street that gives a person access to their drive by driving over a pavement. This car blocked my foot way crossing which is my drive, it just starts at the pavement. They got a ticket from a ticket warden not a police officer. Your OH is wrong on this one sorry, it is ok to be wrong you know we all make mistakes. The ticket was very legal

Poppy9

I haven't taken offence at all. I've just sat and listened to the arguments so many times at social gathering as parking is the number one annoyance for people. Forget burglarlies and voilent crime, if people can't park outside their house they are up in arms:D

You are mistaking access to your property though with vehicle access. You could walk into your property. If a car had completely blocked your foot access then there is an offence. If a car had blocked you leaving your driveway in your vehicle, then there is an offence but just parking and preventing you from driving your car onto your drive is not an offence.

You have decriminalised parking in your borough, hence you have LA parking wardens but it doesn't mean they can make their own laws with regard to the road traffic act.

If you were issued with a ticket for parking across your drive way you could challenge it if no car was parked in the drive as you haven't obstructed anyone from entering the highway, so have committed no offence. However if your neighbour or one of his annoying friends parked in your drive and you parked across the drive (but on the public highway) you could be ticketed for obstruction even though you were obstructing your own drive.

An issue that is raised a local community police meetings is the white lines. Residents, who've paid for the LA to paint white lines, want to be able to park on them but want the police to ticket everyone else. The police response is that they will only ticket if the offence of obstruction is being committed (i.e. car on driveway) and in that case they will ticket any car parked guilty of obstruction even if it's a 2 car household and they are obstructing the second car of the house.

One of our neighbours knocked us up at 8am on a Saturday. Another neighbour had a delivery of new driveway slabs but instead of having them delivered onto his own driveway he had them put on neighbours. As you can imagine the neighbour was furious and wanted to know what they could do. No car was visible in the drive as the neighbour garages his cars over night but they were being obstructed from entering the highway so OH went out and told the other neighbour that he would have to get the suppliers back to move blocks. Supplier wasn't happy and moved them onto the pavement, but outside right person's house. OH then rang the council as they were now obstructing the highway without proper lighting to warn pedestrians. All he really wanted to do was sleep!!

shadej

If a car is blocking my footway crossing they would be parked on the road. To block my foot access they would need to park fully on the pavement. Again a foot way crossing is a crossing that allows a car to go over a pavement to access a driveway. He blocked my footway crossing which is illegal and he received a ticket after I called them and asked them to issue it. Its not automatic, I had to sign a form to say they I give them permission to do it. I can block my own crossing or allow someone to do it but they need the owners permission to park blocking it. I had not given that driver permission so they went ahead and issued the ticket. Why are you hell bent on proving me wrong? I followed the law as stated by the council were I live. I will have to wait up to a week for the bollard to arrive, does anyone have any tips for them parking on my drive?. The old wheelie bin trick hasn't worked and my husband is away until next Monday so I cant even put up posts to attach a chain to. At no point have I ever called the police, their job is far too important to be worrying about this.

Bogof_Babe

Doesn't the law of trespass apply, when they leave and return to their car?

shadej

By time I call the police they would be long gone. I would set up a cctv but whats the point if i am gonna get a bollard next wee. Also there is additional charges there.

Tea3

I am not sure if I am reading this right or not, but if they are parking ON your drive i.e. the front of their car is facing your house and not on the public road or pavement (dropped) section of kerb then I would assume this was trespass and surely could be classed as an 'abandoned car' - I would call the police in this case - each time they park there. If they are parking part on road, part on 'your' driveway i.e at right angles to your house (same direction as road) then I dont see you could do too much and cant see how a bollard would help unless erected on the public pavement (which I would assume is illegal to do).

If they are fully on your drive (and not just across the bottom of it) I can understand your frustration and I would be very p'd off if it happened to me. You may not be allowed to 'block' or obstruct them with your car but if you decide to place holly leave cuttings ready to bag up for rubbish or nails for impending diy across the front of your drive then thats surely up to you.....

anewman

shadej wrote: »

By time I call the police they would be long gone. I would set up a cctv but whats the point if i am gonna get a bollard next wee. Also there is additional charges there.

You could just spend a tenner on something like this. Point it into your own property and no-one has any reason to complain and they hopefully won't be able to tell it's fake. http://www.toolstation.com/messages.html?code=32398&mainWin=1

or maybe http://www.toolstation.com/messages.html?code=31275&mainWin=1 would be more convincing.