Parking over my driveway

sgtbush

sorry havent read all replys, no time

TO poster, is the kerb lowered ouside your house or drive or not

if yes it is then its illegal
The law regulating the enforcement in SEAs is s86 Traffic Management Act 2004: "(1) In a special enforcement area a vehicle must not be parked on the carriageway adjacent to a [dropped] footway... (9) The prohibition in this section is enforceable as if imposed... (a) in Greater London, by an order under section 6 of the Road Traffic Regulation Act 1984 (c. 27)". Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996, issued under the Road Traffic Regulation Act 1984, provides:"""

if its not lowered then he can park

Coupon-mad

sgtbush wrote: »

sorry havent read all replys, no time

TO poster, is the kerb lowered ouside your house or drive or not

if yes it is then its illegal
The law regulating the enforcement in SEAs is s86 Traffic Management Act 2004: "(1) In a special enforcement area a vehicle must not be parked on the carriageway adjacent to a [dropped] footway... (9) The prohibition in this section is enforceable as if imposed... (a) in Greater London, by an order under section 6 of the Road Traffic Regulation Act 1984 (c. 27)". Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996, issued under the Road Traffic Regulation Act 1984, provides:"""

if its not lowered then he can park

'Illegal'? In an area of DECRIMINALISED parking enforcement by Councils?

sgtbush

Coupon-mad wrote: »

'Illegal'? In an area of DECRIMINALISED parking enforcement by Councils?

sorry, should i said unlawful then?

its been a long week, im tired!:rotfl:

edgex

Lum wrote: »

It's not illegal to park on a pavement, outside of London, unless there is a local bylaw prohibiting it. Check with your local council.

As you have stated it's not illegal to block an empty driveway.

However it is a problem if you are causing an obstruction. If you can't get your bins past his car then that also means a wheelchair user could not get past, and a double pushchair would have no hope.

When I park on the pavement, that's what I use, the double pushchair test. If you could get one of those past without faffing then it's ok to park there. I might eventually fall foul of some bylaw or other but I wont be inconveniencing anyone.

As for what to do. If he wont listen to reason then the comedy option is to keep putting your bins by his drivers door. Make sure the bin handle "accidentally" got 2 week old sour cream spilt all over it when you were loading up the bin.

http://www.ukmotorists.com/highway%20code.asp?s=Waiting%20and%20parking

218. DO NOT park partially or wholly on the pavement unless signs permit it. Parking on the pavement can obstruct and seriously inconvenience pedestrians, people in wheelchairs, the visually impaired and people with prams or pushchairs.

Coupon-mad

It does all depend which Council enforces the parking in the OP's case. It's nowt to do with the Highway Code.

As has been said, it is 'unlawful' (well, a contravention of a Traffic Order) to park on the pavement in London Boroughs and in some other areas which have become Special Enforcement areas.

Same goes for Code 27 dropped footway contraventions - they apply in London and in some other areas which are Special Enforcement areas. But in some cases - like in Brighton & Hove - they only enforce private dropped kerb PCNs if there is a specific complaint received from the resident and where there's a white H bar and dropped kerb.

But everywhere else, neither parking with wheels on the pavement nor parking in front of a dropped kerb, is a contravention.

So which Council are we talking about?

Flyboy152

mummyroysof3 wrote: »

argh i hate when people do it..twice in 24 hours its happened to us(2 different people) going to the lady next door,think they are carers..feel guilty but tempted to write to company they work for about it

Why not just ask them to park somewhere else, instead of getting them into trouble with their employers.

Coupon-mad

Flyboy152 wrote: »

Why not just ask them to park somewhere else, instead of getting them into trouble with their employers.

That's what I thought too, when I read that.

And agreed with your 'so what?' comment to the person who had an extra wide dropped kerb and has a problem with people 'overhanging the side he doesn't use'. I have a sour-faced neighbour like that, moans if your bumper is anywhere near the edge of her whole property - and I now sometimes delight in deliberately doing a 3 point turn in the street, at night with headlights on, that involves slowly revving and driving towards her drive! :rotfl:

And this OP has a dropped kerb but no car - if I knew a neighbour like that and there were no other spaces, I would occasionally park there temporarily until another space became available.

Ooo, this makes me sound awful - I am really not but can't stand pettiness like with my neighbour - it's like a red rag to a bull if you wind me up!

atrixblue.-MFR-.

dazza-mac wrote: »

Sounds good in theory, but why would he rent a drive when he's currently parking for nothing over the entrance to my drive.

I asked a bus driver last night if he knew whether it was illegall and he said it wasn't - not even if there is a car in the drive.

I ust admit, I thought it was illegall if a car was blocked in the drive - but he reckons he used to live near a school and it happened to him all the time and when he asked a policeman why they wouldn't do anything, he was told it's neither illegal to park over an empty driveway or an occupied one!

approach him decently and respectfully and i'm sure you could come to an agreement to suit you both.

agree on times and day he can use the drive and how much he pays you a week.

i would approach with, hello, ive noticed now for a while youve parked accross my drive, and although this upsets me because of access etc, i'm willing to allow you to rent my drive if your upfor it, i see your protective over your car as not to get damaged and being on a droppped narrow curb anyone with a pram could put a nice huge long scratch down the side of your motor while squeezing past, if you rented my drive it would be safe, and i wouldnt have access problems so works for both of us.

if he declines then simply say thats OK but would you be able to not to block my drive in the future.

PollyOnAMission

I can sympathise with your situation as I have been experiencing similar myself for the past five years.

My house is in the corner at the end of a T shaped cul-de-sac. I have a driveway with a dropped kerb; our council rules specifically state it is an offence to park in front of such a dropped kerb (other than emergency vehicles and quick unloading I think) without the owner's permission. I have a car which is parked on my driveway all the time it is not in use. It's a small drive with only space for the one car.

My next door neighbour (at a right angle to me, also in the corner of the T) has no driveway, no car and does not drive. However she has a son who visits daily in an enormous flat bed truck who constantly blocks my driveway. He does this if my car is on the drive, when I am out, during the day and overnight. The one thing he doesn't do is park there and leave her house, but he is often asleep or in the shower. Often when he parks there, the adjacent space (blocking no drives) is free, or else there is space fewer than 20m down the street.

He is an extremely unpleasant character; often in trouble with police, has been in prison, has caused his mum's house to be raided for drugs, is being chased by debt collectors (all the neighbours have received letters from agencies and solicitors asking for information about his address etc due to debts and who knows what). You get the idea...he's not the sort of man I want to be confronting as a 20-something, polite single female.

In five years of him doing this I've been excruciatingly polite to him. If he is blocking my drive I knock on the door and nicely say "hi, would you mind moving your truck for me please?". He moves it, I get into my drive or start to drive away, depending on whether I am coming or going, and he immediately pulls back in to block my driveway again. I have asked him not to park there and he takes absolutely no notice.

Twice now he has become abusive to me about it. Once, after he pulled straight back in and blocked me into my drive, I said "just to warn you, I am actually going out again in a couple of hours". He went ballistic at me, shouting and swearing in my face:
"why the **** don't you park somewhere else then?"
"because this is my driveway"
"so? I've got every ******* right to park here if I want!"
"actually, you haven't; it's my driveway with a lowered kerb"
"**** off, it's outside my mum's house too, I can park here if I want, you can't stop me"
"i haven't done this yet, but actually I could phone the council who will come out, tow your truck and charge you £70 to get it back"
"******* do it then! I'm not going yo change my routine just for you!"
"I'd rather it didn't come to that. I just want free access to my own driveway"

Etc etc, to the point where the window cleaner on the street almost stepped in to get him to back off. The second time I apparently knocked too loudly on the door, which he said was "disrespecting" him and he had another yell at me, this time trying to make it personal by making fun of me asking him politely in what he classes as a posh accent (I'm not from round here originally, although far from posh!), and calling me stuck up. On both occasions he had me in tears, although I held them in until after he could see.

I am a very reasonable person and have remained very calm with him. Unfortunately he is just not the sort of person who listens to reason; as far as he's concerned he can do whatever he likes. I have always been very nice and considerate to his mum. I have had polite chats with her, made a fuss of her granddaughter (truckboy's niece), always smile and say hello and I've even stopped to give her a lift home when I've seen her walking a mile or so away. Unfortunately, she is the kind of mother who despairs of her son on a personal level (such as when her back door is being broken in by police) but when it comes to anyone outside, she is fiercely protective over him and will defend his right to park there even though she knows it's ridiculous.

I really don't know how to deal with it. It's got to the point where I've decided I want to move house, it is upsetting me so much. Of course I could ring the council as they suggest on their website. They will send someone out who has to observe the vehicle causing an obstruction for 20 minutes before they will tow it away and demand £70 for its return. I know what would happen though; he'd move the truck before the 20 minutes was up. Plus I'm genuinely frightened of what revenge he might seek on me if I did report it. He is such a nasty character that I would fear for my safety.

Wow, sorry, massive post. Perhaps I should have started my own thread! It did seem relevant to post here though. I certainly know how frustrating it is

muckybutt

Can posters stop stating highway code rules :wall:

The HIGHWAY CODE IS NOT A LEGAL ACT ! the highway code is merely a set of advisory rules.

If it were the Road Traffic Act that would be a different matter.

Personally if you dont have a car then I cant see why the big fuss ? you can still access your property by foot cant you ? you can still take wheeled bins up and down your drive cant you ? visitors can still access your property by foot cant they ?

If you answered yes to any of the above then get over it and move on