Driveway parking?

Mcginty_3

Actually, there isn't much space at all. Tiny little close, built in the '30s. That said, they could have at least driven all the way in and pulled up - off the drive - outside the empty house next door. Not stopped in between the gateposts. I know petrol's expensive, but it would only have been another 10 feet.

Irritatingly, the car vanished while I was having a shower. I wanted to shout at people, damnit.

Actually had a van driver do the same thing a few years back, but then the driver had only just started to walk away when I arrived round the front of the house with my daughter in her buggy. I got to shout that time.

cyclonebri1

shadej wrote: »

Thank you Tea3, they have parked fully in my drive three times, today being the last. They blocked my footway crossing once. All four times it has been different cars but to the same house. This is more than just a coincidence. I believe they are telling their guest to park here.

I think most of us had figured that 4 pages back:rotfl: :rotfl: :rotfl: As I said before you need a few big guys to have a word;) , abouit the same price as a bollard but more satisfying

mpython

shadej wrote: »

....... I was so angry and told her that if her or her friends do it again I will personally take a bat to one of her windows. .....

eek!

I'm really sorry you have such inconsiderate neighbours who have such appalling friends. Its unbelieveable its happened 3 times in such a short space of time.

It sounds like you are taking the right steps with getting a bollard fitted, and however annoying they get, please do not take a bat to their cars or damage their property as things will only escalate and who knows where that might lead. Much better to stay calm, resolve this problem and rise above any provocation. If cars continue to park across your drive take photos and speak to the anti -social dept at the council and ask the police to come out if your access is blocked.

I know its difficult but try not to let them get to you.

kaya

get some old glass bottles, smash them on your driveway and tell hubby to park up the road for a few days, problem solved

Idiophreak

tinkerbell84 wrote: »

But I agree on the irritation thing. I let my neighbours use my drive when I'm not there, but frequently notice people using it to turn around on (it's at the end of a cul de sac) which annoys the hell out of me.

Just out of curiosity, why does this annoy you?
Is there a need to use your driveway to turn, or could they do it just as easily on the road.

By the by (not directed at you, your post just reminded me of it), what really gets my goat is people who buy a house at the bottom of a dead end road then get annoyed when people turn outside their house...

Where my gf lives, I get glared at out the window every other time I turn (there are no driveways, just turning in the road) - they've even come out and yelled at one of my friends about turning there - and they do their best to park their car so as to block people from turning there...it just seems really stupid to me...Needless to say I now make sure I brake *a lot* whenever I turn there at night now...They obviously get off on being grumpy, so may as well give them something good to whinge about.

And on driveways, generally, have to say I'm completely shocked by the OPs case...it would honestly never have occurred to me to park on someone elses driveway and I've never had anyone else park on mine...it gets blocked occasionally, sure, but never parked on.

Would the car being parked there not be proof of trespass? I just can't believe there isn't *anything* to stop people doing this...And when you get the bollard sorted, I would leave it down the whole time and just hope someone parks in there. Then lock it, plainly refuse to open it and park outside your house from then on. I'd only unlock it once the police came and asked me to do so...and I'm struggling to see what the police could actually do about it, anyway...it's not, technically, theft, surely - you've not *taken* the thing in the first place...

Wig

A lot has been written since I was last here, and I'm going to write my 2p on most of it. IANAL. I am going to actually disagree with just about everyone

AFAICS the OP phoned the council when a car was parked on the highway. The OP said they did this because Hubby was going to be late for work and had to catch the train -implying that the OP's car WAS on the driveway. This supports the idea that a ticket can be issued when a car is on the property and that car is obstructed from leaving by another car which is parked on the highway.

The link to Reditch council provided by OP just says, "If your footway crossing is obstructed" The footway crossing is the dropped curb part of the pavement. It does not go into detail as to whether they will only ticket if a car is on the property prevented from leaving - perhaps OP could phone them up and ask?

I am well aware that a lot of police subscribe to the opinion that a car parked across a driveway/garage will only be booked if a car is on the property prevented from leaving. And will not book if the owner is in a car outside the property prevented from entering. However there is legal arguement that any car parked on the highway outside of a marked parkiing bay may be booked for obstruction, further, everyone has a right to "pass and repass" on the highway, and if a car is parked across someones driveway, that car is occupying a piece of the highway and stopping someone else from passing and re-passing over that piece of highway thus not only has obstruction taken place but also someone has been obstructed from reasonably wanting to use that part of the highway. Therefore I think that it is perfectly possible to book a car parked across a driveway under any circumstances.

Just because it may be legally possible to book does not mean they will and does not mean that the council would do either.

I don't agree with poppy9's OH (remember IANAL) when he said the neighbour would have to move the paving slabs from his neighbours driveway, I would have thought that as the obstruction was wholly on private property it would be a civil matter, however I can see that it might be considered aggravated tresspass if he refused to remove the slabs, "aggravated" because he was stopping the householder from going about his business - namely taking the car out of the garage - If it was not obstructing him in this way it would not be aggravated and would remain civil. Perhaps Poppy can ask OH to confirm?

Regards the dummy cameras, it might help to stop crime, but the parking on the empty driveway is not a crime.

Regards people who asked "Is the parking on the driveway not a tresspass when they walk to and from their car?" Yes it is tresspass walking to and from the car, and the car itself is also a tresspass, but tresspass is not a crime. There is also the issue of "implied access". But if the paving slabs (above) can be considered aggravated tresspass, then as the OP has stated she had to squeeze past the car she could also argue that it is aggravated tresspass, what I'm not sure on if this is the case, does the vehicle owner have to be notified that the vehicle is causing an aggravated tresspass or could action be taken aginst them and the vehicle without warning?

/2p

Poppy9

Wig wrote: »

I am well aware that a lot of police subscribe to the opinion that a car parked across a driveway/garage will only be booked if a car is on the property prevented from leaving. And will not book if the owner is in a car outside the property prevented from entering. However there is legal arguement that any car parked on the highway outside of a marked parkiing bay may be booked for obstruction, further, everyone has a right to "pass and repass" on the highway, and if a car is parked across someones driveway, that car is occupying a piece of the highway and stopping someone else from passing and re-passing over that piece of highway thus not only has obstruction taken place but also someone has been obstructed from reasonably wanting to use that part of the highway. Therefore I think that it is perfectly possible to book a car parked across a driveway under any circumstances.

and a police officer can book any car that they think is causing an obstruction even if parking is not prohibitted there. If they think the highway is obstructed i.e. double parking making the road impossible to pass though there are no parking restrictions inforce. Also being a householder doesn't give you rights to the road outside your house so if the police (probably PCSOs)are regularly patrolling because of parking issues you could find yourself booked for blocking your own drive.

Wig wrote:

I don't agree with poppy9's OH (remember IANAL) when he said the neighbour would have to move the paving slabs from his neighbours driveway, I would have thought that as the obstruction was wholly on private property it would be a civil matter, however I can see that it might be considered aggravated tresspass if he refused to remove the slabs, "aggravated" because he was stopping the householder from going about his business - namely taking the car out of the garage - If it was not obstructing him in this way it would not be aggravated and would remain civil. Perhaps Poppy can ask OH to confirm?

4 palates of slabs. 3 wholly on drive way and 1 50/50 with pavement. They then became 100% on pavement (which is obstruction of the highway) as suppliers said that is where they always dump them! but OH was off duty after only returning home a few hours earlier so he just rang the highways dept. as they would sort out quicker.

He said trepass can come under S61 1994 public order act but it requires a senior police officer to deal with. Else it's a civil matter.

He did say to try to get community police officer (if you have one) to speak to the neighbours & yourself together as he said parking issues generally escalate but often sitting in the same room with a 3rd party helps. If they damamge your bollard - then it's criminal damage and an arrestable offence but his opinion is unless you are planning on moving it's better to try to live in harmony, even if this sometimes means backing down.

That said, when I told him last night "the gasman parked on the drive", he said "cheeky beggar, did he ask?":D

gner_ex

I would get some locked gates personally.

Wig

Something else I don't understand, is that the neighbours keep saying it is one of our mates, but we never get to see them, it's always the husband or wife that moves the car


Maybe he's a car trader.

d123

Poppy9 wrote: »

(probably PCSOs)are regularly patrolling because of parking issues you could find yourself booked for blocking your own drive.

Don't where you got that from, but it is incorrect.

PCSO's do not have the power to issue tickets for parking offences.