ticket for blocking my own driveway?!

sarahg1969

jdan9 wrote: »

...you may have a get-out via section 86(3) of the Traffic Management Act 2004.

That's not a get out. It's the law.

jdan9

It gets you out of criminal liability.

Neil_B

jdan9 wrote: »

It gets you out of criminal liability.

What?????!!!!! Where does "criminal liability" come into it??

As for not being his dropped kerb - debatable.
At inception they have to be applied for and many, i believe are paid for.

Anyone with permission is exempt from the contravention. The only question that remains is whether or not a CEO should actually issue a PCN in the first place. This has been discussed elsewhere several times, with mention of enforcement only in response to complaint from the occupier whose access is obstructed.
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melancholly

jdan9 wrote: »

Put simply, it's not 'your' dropped kerb. It may lead to your property (and as stated here the enforcement officers don't know that!), but the place you have parked on is public land, and is therefore subject to the relevant rules and regulations. However, as stated above, you may have a get-out via section 86(3) of the Traffic Management Act 2004.

*rolls eyes*

jdan9

You think that somebody owns the road outside their house? I'm afraid not. I wish I did though, I could start charging tolls for people to use it.

And yes, not criminal, civil liability. My mistake.

sarahg1969

Jdan9 - the TMA doesn't "get you out" of your civil liability - it exists to deal with civil liability. It tells you what you must and must not do, and explains any exemptions. They are not "get outs".

melancholly

jdan9 wrote: »

You think that somebody owns the road outside their house? I'm afraid not. I wish I did though, I could start charging tolls for people to use it.

And yes, not criminal, civil liability. My mistake.

no, clearly i don't... but i do have the right to access - and by me parking in front of the drive, i have not blocked access and therefore should not be fined...

i'm not really sure what your point is apart from just being difficult for the sake of it. there must be a lot of people who park in front of their 'own' dropped kerbs (i.e. kerbs that are dropped to enable them to access their own driveways) or who have visitors who park across there when there is no-where else. fining people in those situations is not sensible and indeed the rules state that these situations should not result in a fine being paid.

i'm not trying to 'get out' of paying a fine for blocking someone else in, or for taking a disabled space or anything like that so please drop the attitude as it is now getting boring.

Poppy9

OH is a police officer and when they have community meetings parking is the number one hot issue with residents.

He does remind them that if the TW are sent to the area to deal with the problem that they too as residents are not exempt from tickets. If they want TW to fine people for parking across driveways then it will include them as they don't know if the car belongs to the resident or one of their visitors and it makes no difference as it's a public highway and not the resident's personal piece of road/pavement.

White H lines have no legal backing, they are courtesy lines. OH maitains that he can only ticket someone for parking across a driveway if there is a vehicle in the drive or garage as you are preventing access to the highway. There is no offence of preventing someone vehicular access to their property (if you can still access on foot, access is not prevented). This is what he was taught in training college. Some of his colleagues though take the view that they can book for obstruction anyway if there is no car there as obstruction is down to the individual officers opinion.

melancholly

there's not even a white line across it... i'd always understood from a different council where i used to live that i could only get a ticket if someone was blocked in rather than blocked from entering (after one stupid person repeatedly blocking our driveway we contacted the council to see what to do and were told they could do nothing!). it's very frustrating that the same rules are interpreted differently by different councils and by different people within the same organisation!

Poppy9

melancholly wrote: »

there's not even a white line across it... i'd always understood from a different council where i used to live that i could only get a ticket if someone was blocked in rather than blocked from entering (after one stupid person repeatedly blocking our driveway we contacted the council to see what to do and were told they could do nothing!). it's very frustrating that the same rules are interpreted differently by different councils and by different people within the same organisation!

White lines mean nothing and if they are there or not the offence is the same. White line painting is money generating by the council as residents pay £80+ pounds to them to have them painted there as residents are under the misconception that they are legally enforceable.

As I said in previous post. OH would only book any car parked across a driveway if there is a vehicle in the driveway. Else he wouldn't.

You have no right of vehicular access to your property but you do have right of vehicular access to the highway.

Rights of access to your property are deemed to be by foot so if you can walk onto your property you have access.