Legal advice on neighbour parking problem?

Legal advice on neighbour parking problem?

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Discussion

Jon1967x

7,211 posts

124 months

Sunday 20th April 2014
quotequote all
Revert to the law in this instance and I think your parents will suffer more in the long term.

Parking unless indicated otherwise should be parallel to the curb. Ring the BIB and report them... ?

We've also tried to give suggestions on how to solve the problem

Bill

52,694 posts

255 months

Sunday 20th April 2014
quotequote all
Hogweed said:
Funny how so few who replied read the first sentence.

Thanks to the one or two who did smile
A) You didn't mention exclusivity.

B) Good luck with that. smile


tvrgit

8,472 posts

252 months

Sunday 20th April 2014
quotequote all
On the assumption that this perpendicular parking also takes place at night, you might find the The Road Vehicles Lighting Regulations 1989, Section 24 useful.

Section 24(1) starts by saying that you can't park a vehicle on the road overnight unless it has lights on.

Subsections 2, 3 and 4 apply to motor bikes and trailers so aren't relevant here.

Subsection 5 then gives an exemption to the need to show lights, if the vehicle is in a designated parking place, or in a layby, or, for certain types of vehicles, including cars, very light goods vehicles and bikes, if subsection 8 is complied with.

Subsection 8 says that "The circumstances referred to in paragraph (5)(c) are that–

(a)the vehicle is parked on a road on which the driving of vehicles otherwise than in one direction is prohibited at all times and its left or near side is as close as may be and parallel to the left-hand edge of the carriageway or its right or off side is as close as may be and parallel to the right-hand edge of the carriageway; or
(b)the vehicle is parked on a road on which such a prohibition does not exist and its left or near side is as close as may be and parallel to the edge of the carriageway."

So if they park overnight without lights, they must be parallel to the kerb unless they are in a designated parking space or in a layby.

That's the legal position for overnight parking. Not exactly widely enforced though!

herewego

8,814 posts

213 months

Sunday 20th April 2014
quotequote all
tvrgit said:
On the assumption that this perpendicular parking also takes place at night, you might find the The Road Vehicles Lighting Regulations 1989, Section 24 useful.

Section 24(1) starts by saying that you can't park a vehicle on the road overnight unless it has lights on.

Subsections 2, 3 and 4 apply to motor bikes and trailers so aren't relevant here.

Subsection 5 then gives an exemption to the need to show lights, if the vehicle is in a designated parking place, or in a layby, or, for certain types of vehicles, including cars, very light goods vehicles and bikes, if subsection 8 is complied with.

Subsection 8 says that "The circumstances referred to in paragraph (5)(c) are that–

(a)the vehicle is parked on a road on which the driving of vehicles otherwise than in one direction is prohibited at all times and its left or near side is as close as may be and parallel to the left-hand edge of the carriageway or its right or off side is as close as may be and parallel to the right-hand edge of the carriageway; or
(b)the vehicle is parked on a road on which such a prohibition does not exist and its left or near side is as close as may be and parallel to the edge of the carriageway."

So if they park overnight without lights, they must be parallel to the kerb unless they are in a designated parking space or in a layby.

That's the legal position for overnight parking. Not exactly widely enforced though!
50% of cars parked on the street at night are parked illegally but as you say, not something the police bother with for some reason.
I think the car in question must be parked on the footpath, I don't see how it can be parked on the road like that. the question then is, is it obstructing the footpath. the police would deal with this if asked to.

Who me ?

7,455 posts

212 months

Sunday 20th April 2014
quotequote all
I can sympathise with OP relatives. For approx 17 years I've had a blonde bimbo opposite who's lived here longer than me, so Assumes that parking in this area is her right. I've taken (illegally, wrt Highway regs) to creating a parking area on the front of my house, so I can park and ensure that any emergency vehicle (fire/ambulance)can move past my place. But occasionally I park on the road outside my house on a narrow road, with no parking restrictions. Madam arrives and parks in an obstructive manner, and sends folks who can't get through the gap across to ask me to move. I usually refer them back to her. These days,I don't answer when someone knocks, and at the last attempt, she had to go out and move hers. Her parking on the street makes it difficult for me to get out of my drive and I'm thinking of asking County for a disabled marking outside mine. However, anytime she has not returned, I park on the street using my legal share of the road. I'm not being a GOS, just reminding her of public responsibility to keep access, free for public and emergency vehicles. As proof of my right, I always take a date stamped photo of the situation on a digital camera. After a couple of times she's asked to move, and Bimbo gets the message, for a short spell, then it's back to normal. I'd suspect that this is the way forward with this problem.

r44flyer

458 posts

216 months

Sunday 20th April 2014
quotequote all
Bump their car. Be terribly apologetic, admit fault and explain why it happened, being it a struggle to squeeze past every time they move off the drive, this time they misjudged it and got too close.

I doubt their insurance will increase by more than a pony.

gaz1234

5,233 posts

219 months

Sunday 20th April 2014
quotequote all
I was in a similar position. I put letter through letter box. I then spoke to them. They then made some changes to their drive which made it better for us both. I then made changes to my drive which upset them and we don't acknowledge each other. Result!

ging84

8,885 posts

146 months

Sunday 20th April 2014
quotequote all
Hogweed said:
Hogweed said:
I'd be very grateful if anyone with actual knowledge of the law can help with this one.
Funny how so few who replied read the first sentence.

Thanks to the one or two who did smile
No one can help you with the law until you give a better explanation of where the neighbour is parking
your description of between the 2 drive ways could mean on the road between where the 2 drive ways meet the road, or on the grass literally between the 2 drives

Centurion07

10,381 posts

247 months

Monday 21st April 2014
quotequote all
ging84 said:
Hogweed said:
Hogweed said:
I'd be very grateful if anyone with actual knowledge of the law can help with this one.
Funny how so few who replied read the first sentence.

Thanks to the one or two who did smile
No one can help you with the law until you give a better explanation of where the neighbour is parking
your description of between the 2 drive ways could mean on the road between where the 2 drive ways meet the road, or on the grass literally between the 2 drives
Yeah, I was promised diagrams and everything, where are they OP, WHERE ARE THEY?!


barker22

1,037 posts

167 months

Monday 21st April 2014
quotequote all
750turbo said:
Sorry, I disagree.

Why not show the elderly some consideration? Remember, hopefully, in the future, we will all be part of that community.

We, in this country are very quickly becoming a bunch of utterly selfish fkers, who do not give one st about anyone else!

I am doing my best NOT to join them - but getting old and grumpy I am struggling at times wink
Oh I totally agree, I and many would always try to help if we can. I just don't think they should 'expect' special treatment though, especially from everyone they come across. Even more so when it comes to driving a vehicle.

blondini

477 posts

178 months

Monday 21st April 2014
quotequote all
I'm picturing the neighbours car parked:-
Fully on the road.
Perpendicular to the kerb.
In the short gap between the entrances to the two converging drives.

He'll probably start parking on the grass if his hand is forced but I would suggest having a word with the BIB, or try reporting a highway obstruction to the local authority.

anonymous-user

54 months

Monday 21st April 2014
quotequote all
I'd be inclined to have a senior moment and do a substantial amount of damage to their car, your elderly parent will get the blame what ever happens so you might as well enjoy the moment.

Who me ?

7,455 posts

212 months

Monday 21st April 2014
quotequote all
750turbo said:
Sorry, I disagree.

Why not show the elderly some consideration? Remember, hopefully, in the future, we will all be part of that community.

We, in this country are very quickly becoming a bunch of utterly selfish fkers, who do not give one st about anyone else!

I am doing my best NOT to join them - but getting old and grumpy I am struggling at times wink

Mate ,so am I. I park off road so as not to block emergency service access as Bimbo across road parks without thought to others, then some visitor/ customer to her house blocks me in and best they have to offer is "Sorry". I had one Asda home shopping van hoot and flash me to get out of his way this morning as he wanted to park where I was picking up rubbish on the pavement outside mine. I was parked off road and had one rear door open waiting for the dog to come out to get in.When I told him I was going out, he sat and waited for me to move. When I suggested he park elsewhere, he was not amused. But then ,it's not just the old that are subject to lack of consideration. Find a part of the road where two kind folks park opposite and there's room for only one car to get through. You stop to let someone through the gap, and following car decides that it's got the right of way. Me, I blame the driver training system and the driving test system . One thing I note missing from driver training & testing is thoughtfulness and consideration for other drivers.

ging84

8,885 posts

146 months

Tuesday 22nd April 2014
quotequote all
gottans said:
I'd be inclined to have a senior moment and do a substantial amount of damage to their car, your elderly parent will get the blame what ever happens so you might as well enjoy the moment.
my parents insurance is so cheap, less than £200 a year even if an at fault claim were to double it, it would probably be totally worth it