Council tree stopping me getting off driveway

Undervalued

emma_here said:

Hi 👋 😊 

I wondered if anyone can offer some advice on a recent problem! I park my large van on my driveway for the past six years and have been able
to get on and off fairly easily despite a streetlight to the left and cars parked opposite in a fairly narrow avenue.

However 😔… the council planted a tree last week to the right of my driveway and I can no longer get off the drop curb driveway if the cars are parked opposite 😣. I called the council and spoke to somebody fairly junior i guess but they were not helpful and said it was council property. What can i do? Is it likely they will move it? As i say, I literally cannot get off the drive 😡.

Joker to the left of me, joker to the right, stuck in the middle with yew 😆. Thanks in advance! Emma

Having looked again at your photo, it appears that your van is longer than your driveway so some of it is extending over the footpath?

If so, that is also illegal!

To be honest, I really don't think it is wise to make a fuss about the tree which the council have almost certainly planted lawfully. Even if they haven't, by some obscure technicality, when in a glasshouse it is best not to throw stones! 

Reginald74

Undervalued said:

emma_here said:

Hi 👋 😊 

I wondered if anyone can offer some advice on a recent problem! I park my large van on my driveway for the past six years and have been able
to get on and off fairly easily despite a streetlight to the left and cars parked opposite in a fairly narrow avenue.

However 😔… the council planted a tree last week to the right of my driveway and I can no longer get off the drop curb driveway if the cars are parked opposite 😣. I called the council and spoke to somebody fairly junior i guess but they were not helpful and said it was council property. What can i do? Is it likely they will move it? As i say, I literally cannot get off the drive 😡.

Joker to the left of me, joker to the right, stuck in the middle with yew 😆. Thanks in advance! Emma

Having looked again at your photo, it appears that your van is longer than your driveway so some of it is extending over the footpath?

If so, that is also illegal!

To be honest, I really don't think it is wise to make a fuss about the tree which the council have almost certainly planted lawfully. Even if they haven't, by some obscure technicality, when in a glasshouse it is best not to throw stones! 

The OP answered that point in an earlier post.

AnnieB2018

They also said they offload and onload frequently as they use the van every day so yes the overhang must be there frequently…

Section62

Reginald74 said:

Undervalued said:

Having looked again at your photo, it appears that your van is longer than your driveway so some of it is extending over the footpath?

If so, that is also illegal!

To be honest, I really don't think it is wise to make a fuss about the tree which the council have almost certainly planted lawfully. Even if they haven't, by some obscure technicality, when in a glasshouse it is best not to throw stones! 

The OP answered that point in an earlier post.

The OP's answer doesn't change the fact it is illegal to park as shown in the photo - it only changes whether a court would accept that the obstruction was reasonable in the circumstances (if prosecuted).

Reginald74

Section62 said:

Reginald74 said:

Undervalued said:

Having looked again at your photo, it appears that your van is longer than your driveway so some of it is extending over the footpath?

If so, that is also illegal!

To be honest, I really don't think it is wise to make a fuss about the tree which the council have almost certainly planted lawfully. Even if they haven't, by some obscure technicality, when in a glasshouse it is best not to throw stones! 

The OP answered that point in an earlier post.

The OP's answer doesn't change the fact it is illegal to park as shown in the photo - it only changes whether a court would accept that the obstruction was reasonable in the circumstances (if prosecuted).

And how many prosecutions are you aware of for cars obstructing the pavement? Me: none whatsoever despite people regularly parking completely on pavements.  It's a non-point.

canaldumidi

Reginald74 said:

Section62 said:

Reginald74 said:

Undervalued said:

Having looked again at your photo, it appears that your van is longer than your driveway so some of it is extending over the footpath?

If so, that is also illegal!

To be honest, I really don't think it is wise to make a fuss about the tree which the council have almost certainly planted lawfully. Even if they haven't, by some obscure technicality, when in a glasshouse it is best not to throw stones! 

The OP answered that point in an earlier post.

The OP's answer doesn't change the fact it is illegal to park as shown in the photo - it only changes whether a court would accept that the obstruction was reasonable in the circumstances (if prosecuted).

And how many prosecutions are you aware of for cars obstructing the pavement? Me: none whatsoever despite people regularly parking completely on pavements.  It's a non-point.

Certain London boroughs regularly enforce pavement parking violations.

Reginald74

canaldumidi said:

Reginald74 said:

Section62 said:

Reginald74 said:

Undervalued said:

Having looked again at your photo, it appears that your van is longer than your driveway so some of it is extending over the footpath?

If so, that is also illegal!

To be honest, I really don't think it is wise to make a fuss about the tree which the council have almost certainly planted lawfully. Even if they haven't, by some obscure technicality, when in a glasshouse it is best not to throw stones! 

The OP answered that point in an earlier post.

The OP's answer doesn't change the fact it is illegal to park as shown in the photo - it only changes whether a court would accept that the obstruction was reasonable in the circumstances (if prosecuted).

And how many prosecutions are you aware of for cars obstructing the pavement? Me: none whatsoever despite people regularly parking completely on pavements.  It's a non-point.

Certain London boroughs regularly enforce pavement parking violations.

Yes but outside London?

Section62

Reginald74 said:

Section62 said:

Reginald74 said:

Undervalued said:

Having looked again at your photo, it appears that your van is longer than your driveway so some of it is extending over the footpath?

If so, that is also illegal!

To be honest, I really don't think it is wise to make a fuss about the tree which the council have almost certainly planted lawfully. Even if they haven't, by some obscure technicality, when in a glasshouse it is best not to throw stones! 

The OP answered that point in an earlier post.

The OP's answer doesn't change the fact it is illegal to park as shown in the photo - it only changes whether a court would accept that the obstruction was reasonable in the circumstances (if prosecuted).

And how many prosecutions are you aware of for cars obstructing the pavement? Me: none whatsoever despite people regularly parking completely on pavements.  It's a non-point.

Me: Quite a lot, especially when people draw attention to what they are doing by complaining to the council about a related issue.  Enforcement visits are also often carried out shortly after a crossover has been installed to make sure it is being used in compliance with the law and conditions of use, although not currently relevant in the OP's case.

Your anecdote doesn't make it a "non-point".

babyblade41

I'm sorry but have to agree with most... your van is too long for driveway and you have been damaging the verge 
By placing the tree it will stop you  thus enhancing the area. 

A van like that is long..I know I had one 

Section62

Reginald74 said:

canaldumidi said:

Certain London boroughs regularly enforce pavement parking violations.

Yes but outside London?

Still an offence.

And in some cases local authorities outside London have adopted enforcement of footway parking orders (by PCN).