Parking in front of neighbour's 'drive'

kuepper

I live in a street of old semis separated from the pavement only by about 1.5 m of garden behind a low wall with a path to the front door, and there's a narrow shared path between the semis. Someone has just moved in the house next door to me which is on a corner site. They have knocked down part of the front garden wall and using the front door and side paths and a bit of the bonus land of the cornersite have made a drive to park their car on. The kerb is not dropped outside this new drive so theyve put wooden blocks between the kerb and the road to access the drive. I parked in front of it for about 5 mins and all hell broke loose and it doesn't look like we're ever going to be friends. Just so I know where I and visitors stand anyone know the legal position about rights to park on highway and who enforces whatever the relevant law is?Obviously if the drive had been part of the original house it would be out of order to park in front of it, I accept that but has someone got a right to create a drive from nothing accessed across the pavement and then expect noone to park in front of it?

scheming_gypsy

It's not a dropped kerb so you can still park there as it's the public highway.
They can also get charged by the council for any damage caused by driving over the pavement.


buy the cheapest car you can find, with tax and MOT and leave it parked there.

andygb

Well, I certainly would not park in front of a dropped curb, but in this instance it sounds as though your new neighbour is a bit of a leary monkey, because he has absolutely no right to tell you to park elsewhere, unless there are clearly marked traffic restrictions - it is the public highway.
He obviously is a nasty piece of work who thinks that he can intimidate people into giving way.

peter_the_piper

There are planning concerns as well. Council will want about a grand to lower the kerb as well. A nonymous letter to council if feeling vindictive.

Gloomendoom

OP, most councils like to be informed when somebody creates a parking area without installing a dropped kerb.

Example...

Residents driving over pavements without a dropped kerb

If someone on your street has not installed a dropped kerb please report this to us. We will send out an inspector to investigate. We will contact the resident where they will have one of two choices:
apply to us for a properly constructed dropped kerb or
return written confirmation that they will no longer cross the pavement.
If neither of these options is taken we will take action.

Source

Do a search on your local council website for "dropped kerbs".

Reporting your neighbour isn't likely to improve his mood though.
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kuepper

didnt expect so amny prompt responses, thanks all, but does anyone know whatthe letter of the law is and if its a council or police matter? This is only part of the issues he's created - deep excavations for foundations appeared the whole length of the back garden and ive just been onto the council about them so I've decided to fight back It's one thing after another, he put cctv cameras on his house that cover his 'drive' and the street and he's just caused havoc and making me think about moving but with what he's doing to the house my house will be unsellable. God knows what else hes got in store

Aretnap

Without a dropped kerb parking in front of it is not in itself illegal, but you could still potentially be done for causing an obstruction. Which raises the slightly interesting question of whether you can be causing an obstruction by preventing someone from doing something that he's not really supposed to do in the first place. I don't know the answer to that one - you could argue it either way.

Gloomendoom

kuepper wrote: »

didnt expect so amny prompt responses, thanks all, but does anyone know whatthe letter of the law is and if its a council or police matter?

I think the offence is trespass so unlikely that the police would be interested unless the landowner (probably the council) made a complaint.

kuepper

Gloomendoom wrote: »

OP, most councils like to be informed when somebody creates a parking area without installing a dropped kerb.

Example...



Do a search on your local council website for "dropped kerbs".

Reporting your neighbour isn't likely to improve his mood though.
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Thanks, manchester website doesnt have quite the same helpful advice though http://www.manchester.gov.uk/info/474/parking_at_your_home/5402/parking_outside_my_home its geared to ppl who want to comply with the law

kuepper

peter_the_piper wrote: »

There are planning concerns as well. Council will want about a grand to lower the kerb as well. A nonymous letter to council if feeling vindictive.

I think my council ignore anonymous complaints but give anonymity to complainants but anyway I haven't got a problem about revealing myself , i'm a bona fide council taxpayer with a problem neighbour, its nothing about vindictiveness, its just about wanting ppl to comply with the law/rules and standing up for myself

Aretnap

The offence of driving over a non-dropped kerb would come under the Highways Act s184

http://www.legislation.gov.uk/ukpga/1980/66/section/184

But it doesn't apply automatically. Basically the legislation gives the council the power to tell him to stop driving over the pavement or to pay for a dropped kerb. He only commits an offence if he keeps doing it after they've told him to stop.