Advice on what to do about a neighbour blocking my garden gate

Nutellover

Hello,

I have done a search but can't find anything specific to my issue.

I live in a very old house on the corner of 2 roads and as such there's no footpath to the front or side of the building. Down the side of the house is where me and others from the street park our cars. My garden gate is also down here and opens directly on the road. Usually I park in front of it so I can always get access, if I need to use the gate I move my car. Problem is a neighbour has recently started blocking my gate off, I now have to go knocking on his door every time I want access.

I've checked online and there are no parking restrictions here and it's a public street so no problem with parking, but what about the blocking of the gate? It's against the highway code to block access but is this only for front doors, driveways etc or would it also include garden gates?

Really I just want to know what my rights are before speaking to him, he can be very difficult to talk to, constantly talllking over you and getting right in your face(even during Covid), I'm certain he has some form of learning disability so may not even understand how annoying his parking is.

Thanks

Teapot55

People are remarkably lacking in imagining the needs of others. So there have to be rules made:

Rule 243
DO NOT stop or park:
in front of an entrance to a property (except when forced to do so by stationary traffic). 
https://www.gov.uk/guidance/the-highway-code/waiting-and-parking-238-to-252

It may be that you can ask the local council if they will paint entrance markings outside your gate if this continues to be a problem. 

Undervalued

Is there a dropped kerb for vehicle access?

If there is then the police can take action if you can't your vehicle out, although it is a low priority. Round here the police won't generally take action if you are prevented from getting in. The offence they use is something like "obstructing access to the highway" and they argue that it cannot be used if your only vehicle is already on the highway and can't get back in. That however may be a local policy for enforcement priorities rather than the letter of the law.

Again, round here, the council will, for a fee, paint an "access protection marker" ("H" mark) which usually extend a little beyond the dropped kerb. Again here (it may vary elsewhere) a vehicle intruding into the dropped kerb area where there is also an APM can be ticketed by a Civil Enforcement Officer. In my experience, on a weekday, a phone call to the council will get a civil enforcement officer round within about 15 mins!

If however there is no dropped kerb then you are breaking the law by driving on the footway to get in!

Half_way

The local Police "safer neighbourhood team" whe i am at the moment would be all over this like a rash, as obstructing driveways/pakring on corners/parking accross junctions seem to be the number one police priority judging by teir faccebook page, as well as taing selfies in remote locations down footpaths/bridlepaths to report no crime here, and outside th odd cafe/takeaway with a "nice bit of cake for a tasty treat"

[Deleted User]

 I would be knocking daily or more to ask him to move it. He'll soon park elsewhere 

Greatgimp

_shel said:

 I would be knocking daily or more to ask him to move it. He'll soon park elsewhere 

Or he'll tell you to naff off.

nosferatu1001

Coincidentally not having any air in their tyres may suggest to them that parking there is a bad idea. 

Undervalued

nosferatu1001 said:

Coincidentally not having any air in their tyres may suggest to them that parking there is a bad idea. 

Two wrongs never make a right!

Plus, as I mentioned earlier, unless there is a dropped kerb the OP is in the wrong and not the neighbour.

Uptown_Boy

As this is a side gate then it is highly unlikely to be a vehicular access point ... more likely a gate into the garden. However as there is no footpath then any vehicle parked there will effectively block the gate.

Very little that the OP can do really unless the neighbour agrees to cooperate.

Half_way

Google streetview location/google maps loaion may be of use if you want advice

Nutellover

Yeah sorry people seem to be getting the wrong idea about this. There is no footpath at all let alone a drop kerb. He's blocking the garden pedestrian gate, not a driveway or garage entrance.
Brown gate below: