Blocked Drive - Enforcement Matters
Discussion
Being in the motor trade has its perks. A, shall we say, business associate with a low loader came and created the space I needed to get out. All totally accidental.
Meanwhile, I've returned home and the thing is still there but it has since acquired a PCN.
My summary of it all is, you pay 1800-quid to lower your crossover so that the council can cash in on the contravention should anyone block you in.
Meanwhile, I've returned home and the thing is still there but it has since acquired a PCN.
My summary of it all is, you pay 1800-quid to lower your crossover so that the council can cash in on the contravention should anyone block you in.
Edited by Glassman on Thursday 30th June 19:37
La Liga said:
his scenario isn't what that legislation is designed for. It's extremely unlikely there'd be the intention required.
Regulation 103 of the Road Vehicles (Construction and Use) Regulations 1986 creates the offence of 'unnecessary obstruction'.
It's more appropriate for the LA to do the enforcement in these circumstances, however the police would need to do the recovery.
The C&U offence is backed up by S.42(a) RTA 1988 - http://www.legislation.gov.uk/ukpga/1988/52/sectio...Regulation 103 of the Road Vehicles (Construction and Use) Regulations 1986 creates the offence of 'unnecessary obstruction'.
It's more appropriate for the LA to do the enforcement in these circumstances, however the police would need to do the recovery.
All the LA will do, if you're lucky, is issue an FPN but that assumes there is a CEO in the vicinity.
The police are far too stretched nowadays to be able to deal with such a low priority issue.
Glassman said:
Being in the motor trade has its perks. A, shall we say, business associate with a low loaded came and created the space I needed to get out. All totally accidental.
Meanwhile, I've returned home and the thing is still there but it has since acquired a PCN.
My summary of it all is, you pay 1800-quid to lower your crossover so that the council can cash in on the contravention should anyone block you in.
Pictures are a mustMeanwhile, I've returned home and the thing is still there but it has since acquired a PCN.
My summary of it all is, you pay 1800-quid to lower your crossover so that the council can cash in on the contravention should anyone block you in.
Can I get a clarification on my understanding of the law?
- You are within your rights to move a vehicle causing an obstruction
- There is no protection in this from being responsible for any damage caused
Is the above correct?
Is it only true on private land? Or would it apply in the OP's example?
I've dragged a car out the way myself in this situation because, well, f
k you and your stty Fiesta, I want to get into my drive, but where do you actually stand with it?
- You are within your rights to move a vehicle causing an obstruction
- There is no protection in this from being responsible for any damage caused
Is the above correct?
Is it only true on private land? Or would it apply in the OP's example?
I've dragged a car out the way myself in this situation because, well, f
k you and your stty Fiesta, I want to get into my drive, but where do you actually stand with it?Years ago I was towed from 'blocking' a neighbours dropped kerb , even though they did not park on their drive (in fact they had never used the drive as a parking spot, they wanted to use the dropped kerb area as their own private parking space), I came home from a night out to find their car where mine was....asked a neighbour what had happened, they told me that the drive owner had friends on the force. The best bit was the official reason for towing me was stated as blocking a junction, I blocked it so badly a tow truck with dolly was able to manovre in and out with my car attached !!
I would never have parked there if the owner used the driveway though.
I would never have parked there if the owner used the driveway though.
wibble cb said:
Years ago I was towed from 'blocking' a neighbours dropped kerb , even though they did not park on their drive (in fact they had never used the drive as a parking spot, they wanted to use the dropped kerb area as their own private parking space), I came home from a night out to find their car where mine was....asked a neighbour what had happened, they told me that the drive owner had friends on the force. The best bit was the official reason for towing me was stated as blocking a junction, I blocked it so badly a tow truck with dolly was able to manovre in and out with my car attached !!
I would never have parked there if the owner used the driveway though.
Neighbours over the road have a drive which they don't use, they park across it but also use it as a type of holding area for one of their three cars to save a space for the other.I would never have parked there if the owner used the driveway though.
What they do is park on the road in a left to right formation outside their house: 1)road space, 2)drive entrance, 3)road space, if one of them goes out they will move the car that is parked across the drive, into the vacated space so when the person that has gone out, returns, they can then park across the drive, thus making sure that the majority of the time, all three can park directly outside their house.
It really pisses me off as parking is a nightmare at the best of times, to actively save a space by using their drive entrance tactically is
ish in the extreme. If in the rare moment that they can't park in one of "their spots" they will just dump their car wherever, slap bang in the middle of where you could easily park two cars.Occasionally, if two of them are out I will park; on purpose in one of "their spots", it really annoys them, you can see it when they return as they wander past the car, giving it evils and gesticulating wildly, they have even parked mm's away from my bumper, as if to make a point.
Strange thing is they are all late 20's/early 30's, you would imagine they were miserable old farts.
HTP99 said:
Neighbours over the road have a drive which they don't use, they park across it but also use it as a type of holding area for one of their three cars to save a space for the other.
It was mentioned in another parking thread that it is an offence to park next to a dropped curb (obvious) however it is also the same offence even if the dropped curb is for access to your own property.Actual said:
HTP99 said:
Neighbours over the road have a drive which they don't use, they park across it but also use it as a type of holding area for one of their three cars to save a space for the other.
It was mentioned in another parking thread that it is an offence to park next to a dropped curb (obvious) however it is also the same offence even if the dropped curb is for access to your own property.Actual said:
HTP99 said:
Neighbours over the road have a drive which they don't use, they park across it but also use it as a type of holding area for one of their three cars to save a space for the other.
It was mentioned in another parking thread that it is an offence to park next to a dropped curb (obvious) however it is also the same offence even if the dropped curb is for access to your own property.MKnight702 said:
In the weird neighbour instance, what would happen if you parked on their drive to demonstrate its purpose?
Presumably, you would be committing the civil offense of trespass but if they blocked you in they would be committing a criminal offense?
Whether they park in their drive or across their drive is of little consequence, where there are exemptions for owners/occupiers etc within the written order for the dropped kerb matter.Presumably, you would be committing the civil offense of trespass but if they blocked you in they would be committing a criminal offense?
The problem for others is in them taking up two other spaces. There is nothing to stop them, or equally any others, using those spaces on a first come first served basis.
rxe said:
Actually - removing his valve cores is not a bad idea. Remove them and stick a note on his windscreen telling him to knock the door if he wants them back. No damage done, but lesson learnt.
Criminal Damage.We had this before someone had a milkshake tipped on their car and even thou there was no damage as it can be washed off the person was still done for criminal damage. Something about not being able to use the car because of what you did.
wibble cb said:
Years ago I was towed from 'blocking' a neighbours dropped kerb , even though they did not park on their drive (in fact they had never used the drive as a parking spot, they wanted to use the dropped kerb area as their own private parking space), I came home from a night out to find their car where mine was....asked a neighbour what had happened, they told me that the drive owner had friends on the force. The best bit was the official reason for towing me was stated as blocking a junction, I blocked it so badly a tow truck with dolly was able to manovre in and out with my car attached !!
I would never have parked there if the owner used the driveway though.
We have a grumpy neighbour that has a single garage & driveway yet has never driven, he did purchase a car to park outside his house to prevent anybody else from parking there for over 12mths but that's another story.I would never have parked there if the owner used the driveway though.
In 13.5yrs nobody has ever parked across his drive & I certainly wouldn't consider doing so.
vonhosen said:
MKnight702 said:
In the weird neighbour instance, what would happen if you parked on their drive to demonstrate its purpose?
Presumably, you would be committing the civil offense of trespass but if they blocked you in they would be committing a criminal offense?
Whether they park in their drive or across their drive is of little consequence, where there are exemptions for owners/occupiers etc within the written order for the dropped kerb matter.Presumably, you would be committing the civil offense of trespass but if they blocked you in they would be committing a criminal offense?
This is a statutory provision, so I don't see how any local authority can override it.
vonhosen said:
The problem for others is in them taking up two other spaces. There is nothing to stop them, or equally any others, using those spaces on a first come first served basis.
Indeed. AIUI, a basic tenet of English Law is that anything can be done which is not specifically prohibited. If there is no obstruction of the highway then any space is fair game.
catman said:
It's really hard to park in my area now and a lot of wheelie bins are being put in the roads to "reserve" a parking space.
That would f'ing infuriate me. I'd move the lot and park where I liked.After many, many parking issues in what was a non-commuter/school area cul-de-sac, in the top 3 priorities for our current house was a 2 car drive.
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