You do NOT own the parking space outside your residence.

You do NOT own the parking space outside your residence.

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Discussion

M-SportMatt

1,923 posts

139 months

Thursday 16th February 2017
quotequote all
Aside from the OP being on crack he is correct.

You don't own the road outside your house or exercise any rights over it and if someone else parks there in a taxed and insured car then its just tough luck, providing its a suitable space for parking in the first place and doesn't cause an obstruction.

And for SAABY, if its "Technically an obstruction" then you wouldn't be crying about it anyway as you wouldn't be able to park your car there either you plank.


M-SportMatt

1,923 posts

139 months

Thursday 16th February 2017
quotequote all
saaby93 said:
Nope missed the point

Anything parked is technically an obstruction. The question is how much of an obstruction and is it there for any purposes with the adjoining householder.
No it isnt.

saaby93 said:
In the extreme it can be towed, as you might find out if you leave some scrappy 4 wheeled pile of junk outside your neighbours house for a month or so
Provided its taxed and insured and not causing an obstruction to the highway or the entrance to a property/dropped kerb then no it cant.

Not in the UK anyway

Vocal Minority

8,582 posts

153 months

Thursday 16th February 2017
quotequote all
Sir Lord Poopie said:
Several reasons:


4) I do not wish to be put on a database so the authorities know where I reside
You are 5ohmustang AICMFP

saaby93

32,038 posts

179 months

Thursday 16th February 2017
quotequote all
M-SportMatt said:
Aside from the OP being on crack he is correct.

You don't own the road outside your house or exercise any rights over it and if someone else parks there in a taxed and insured car then its just tough luck, providing its a suitable space for parking in the first place and doesn't cause an obstruction.
You've said how it is there - now all you have to do is decide what obstruction means

M-SportMatt said:
And for SAABY, if its "Technically an obstruction" then you wouldn't be crying about it anyway as you wouldn't be able to park your car there either you plank.
Well you would, but if you want to be kind to your neighbours and anyone else you may not wink


Sir Lord Poopie

Original Poster:

212 posts

91 months

Thursday 16th February 2017
quotequote all
OK so I've relented and dumped my shed in a different location for a time. It means a slightly longer walk of an evening but I couldn't live with myself if she got vandalized or tampered with again.

saaby93

32,038 posts

179 months

Thursday 16th February 2017
quotequote all
M-SportMatt said:
Provided its taxed and insured and not causing an obstruction to the highway or the entrance to a property/dropped kerb then no it cant.
the point is - if its on the highway, it will be causing an obstruction, that's taken as read - the question for the mags if it gets that far is how much of one, for how long and whether to do with the householder, i.e. is it necessary
Meanwhile a polite request to move it, gets the ball rolling

ETA here's section 103 if you havent seen it before - guess the penalties wink
http://www.legislation.gov.uk/uksi/1986/1078/made

sect103 said:
Obstruction

103. No person in charge of a motor vehicle or trailer shall cause or permit the vehicle to stand on a road so as to cause any unnecessary obstruction of the road.
Edited by saaby93 on Thursday 16th February 10:36

Dakkon

7,826 posts

254 months

Thursday 16th February 2017
quotequote all
Sir Lord Poopie said:
OK so I've relented and dumped my shed in a different location for a time. It means a slightly longer walk of an evening but I couldn't live with myself if she got vandalized or tampered with again.
But if you earn obscene amounts of money, why don't you own / rent a house with a driveway / garage and then you would not have to park in the road?

Never you mind

1,507 posts

113 months

Thursday 16th February 2017
quotequote all
Dakkon said:
But if you earn obscene amounts of money, why don't you own / rent a house with a driveway / garage and then you would not have to park in the road?
Cos if he rents then he would have to give his details to the authorities stupid.

Europa1

10,923 posts

189 months

Thursday 16th February 2017
quotequote all
Never you mind said:
Dakkon said:
But if you earn obscene amounts of money, why don't you own / rent a house with a driveway / garage and then you would not have to park in the road?
Cos if he rents then he would have to give his details to the authorities stupid.
As he would if he buys...how does the guy manage to be in a house, be employed and drive a car without giving his details to the authorities?

SystemParanoia

14,343 posts

199 months

Thursday 16th February 2017
quotequote all
Europa1 said:
Never you mind said:
Dakkon said:
But if you earn obscene amounts of money, why don't you own / rent a house with a driveway / garage and then you would not have to park in the road?
Cos if he rents then he would have to give his details to the authorities stupid.
As he would if he buys...how does the guy manage to be in a house, be employed and drive a car without giving his details to the authorities?
I'd like to know laugh

Nersha

143 posts

132 months

Thursday 16th February 2017
quotequote all
SystemParanoia said:
Europa1 said:
Never you mind said:
Dakkon said:
But if you earn obscene amounts of money, why don't you own / rent a house with a driveway / garage and then you would not have to park in the road?
Cos if he rents then he would have to give his details to the authorities stupid.
As he would if he buys...how does the guy manage to be in a house, be employed and drive a car without giving his details to the authorities?
I'd like to know laugh
Simple. Squatting, busking and grand theft auto.

M-SportMatt

1,923 posts

139 months

Thursday 16th February 2017
quotequote all
saaby93 said:
M-SportMatt said:
Provided its taxed and insured and not causing an obstruction to the highway or the entrance to a property/dropped kerb then no it cant.
the point is - if its on the highway, it will be causing an obstruction, that's taken as read - the question for the mags if it gets that far is how much of one, for how long and whether to do with the householder, i.e. is it necessary
Meanwhile a polite request to move it, gets the ball rolling

ETA here's section 103 if you havent seen it before - guess the penalties wink
http://www.legislation.gov.uk/uksi/1986/1078/made

sect103 said:
Obstruction

103. No person in charge of a motor vehicle or trailer shall cause or permit the vehicle to stand on a road so as to cause any unnecessary obstruction of the road.
Edited by saaby93 on Thursday 16th February 10:36
What i can tell you for a fact, and i'm not sure if you are genuinely dim or trolling, is that preventing the owner of the house adjacent to the piece of road in question parking there by parking there yourself is definitely not the legal definition of 'Obstruction'

Im sure you are familiar with the highways act 1980 http://www.legislation.gov.uk/ukpga/1980/66/part/I...

Here is the salient point

137 Penalty for wilful obstruction.
(1)If a person, without lawful authority or excuse, in any way wilfully obstructs the free passage along a highway he is guilty of an offence and liable to a fine not exceeding [F1level 3 on the standard scale].

Providing you arent preventing the traffic from passing or causing a danger then parking in a normal parking area where other residents park is in no way shape or form an obstruction. There is no argument


Further reading here http://researchbriefings.files.parliament.uk/docum...

Where again you will see Obstruction is not just parking where somebody else wants to.

I also am unsure why you think you'd have to explain anything to a magistrate. Parking offences are decriminalised and are civil cases, only family civil matters tend to be heard by magistrates.

You really have no clue what you are talking about at all.


Just to box it off completely, see some procedural Police definitions of Obstruction here.....
http://www.cabinet.leicester.gov.uk/documents/s631...

Your statement of "Technically Obstruction" is pure codswallop

Edited by M-SportMatt on Thursday 16th February 12:03


Edited by M-SportMatt on Thursday 16th February 12:06


Edited by M-SportMatt on Thursday 16th February 12:08


Edited by M-SportMatt on Thursday 16th February 12:09

LocoCoco

1,428 posts

177 months

Thursday 16th February 2017
quotequote all
SystemParanoia said:
Europa1 said:
Never you mind said:
Dakkon said:
But if you earn obscene amounts of money, why don't you own / rent a house with a driveway / garage and then you would not have to park in the road?
Cos if he rents then he would have to give his details to the authorities stupid.
As he would if he buys...how does the guy manage to be in a house, be employed and drive a car without giving his details to the authorities?
I'd like to know laugh
You just give the authorities useless information.
Have anything that has to be in your name directed to somebody that you trust who will say that you live with them if asked, this person is usually the partner or an older member of the family who's retired from crime and doesn't care too much if they get raided one morning.

Rent a house using a fake name paid in cash or pay using standing order from somebody else's account. This will limit you to living somewhere rubbish or knowing a dodgy landlord. Don't leave your car outside where you actually live wink

This way, you can make obscene amounts of money and if the walls start closing in you normally have a few days to get your affairs in order before you go to face the heat at your registered address or you can just disappear completely if you can't face your punishment.

I don't and couldn't live like that, just letting you know how the people I've known in the past did it.

saaby93

32,038 posts

179 months

Thursday 16th February 2017
quotequote all
M-SportMatt said:
I also am unsure why you think you'd have to explain anything to a magistrate. Parking offences are decriminalised and are civil cases, only family civil matters tend to be heard by magistrates.

You really have no clue what you are talking about at all.
It's not a parking offence wink so youd have to take a view on who knows what theyre talking about wink

Try parking a scrappy old shed you dont need ( make sure its taxed and insured) and see how many months you can leave it parked outside your local PCCs house before it gets towed


M-SportMatt

1,923 posts

139 months

Thursday 16th February 2017
quotequote all
saaby93 said:
It's not a parking offence wink so youd have to take a view on who knows waht theyre talking about wink

Try parking a scrappy old shed you dont need ( make sure its taxed and insured) and see how many months you can leave it parked outside your local PCCs house before it gets towed
You are right it isn't a parking offence, it isn't any offence as we've discussed, so my view is clear as to who knows what they are talking about. I see you've gone very quiet about obstruction now for instance.

Using your example, until the tax and insurance runs out legally, and that isn't what we're talking about anyway. We are talking about parking outside someone else's house.



As for parking offence, it isn't an obstruction as discussed, at some tedious length so were there to be any infringement of parking regulations then the following applies.

Some on-street and pavement parking will be seen as causing an
obstruction and can be dealt with by the police or traffic wardens.
However, most enforcement will be by local authorities who have
assumed control for decriminalised/civil parking enforcement under Part
6 of the Traffic Management Act 2004


Edited by M-SportMatt on Thursday 16th February 12:55

saaby93

32,038 posts

179 months

Thursday 16th February 2017
quotequote all
M-SportMatt said:
saaby93 said:
It's not a parking offence wink so youd have to take a view on who knows waht theyre talking about wink

Try parking a scrappy old shed you dont need ( make sure its taxed and insured) and see how many months you can leave it parked outside your local PCCs house before it gets towed
You are right it isn't a parking offence, it isn't any offence as we've discussed, so my view is clear as to who knows what they are talking about. I see you've gone very quiet about obstruction now for instance.

Using your example, until the tax and insurance runs out legally, and that isn't what we're talking about anyway. We are talking about parking outside someone else's house.



As for parking offence, it isn't an obstruction as discussed, at some tedious length so were there to be any infringement of parking regulations then the following applies.

Some on-street and pavement parking will be seen as causing an
obstruction and can be dealt with by the police or traffic wardens.
However, most enforcement will be by local authorities who have
assumed control for decriminalised/civil parking enforcement under Part
6 of the Traffic Management Act 2004


Edited by M-SportMatt on Thursday 16th February 12:55
I cant find the relevant thread right now but this one might do for starters

http://www.pistonheads.com/gassing/topic.asp?h=0&a...

If its deemed to be an obstruction (unneccessary in s130) its gone



zed4

7,248 posts

223 months

Thursday 16th February 2017
quotequote all
I once parked on the side of the road on the opposite side of the road to someone's drive. Plenty of space for them to get out. They left a scribbled note: "don't park here you tossa" Apparently they thought they owned the road outside their house including the opposite side!

roflroflroflrofl

Monkeylegend

26,527 posts

232 months

Thursday 16th February 2017
quotequote all
zed4 said:
I once parked on the side of the road on the opposite side of the road to someone's drive. Plenty of space for them to get out. They left a scribbled note: "don't park here you tossa" Apparently they thought they owned the road outside their house including the opposite side!

roflroflroflrofl
I would do a drive past at 05.00 in the morning in the Griff.

saaby93

32,038 posts

179 months

Thursday 16th February 2017
quotequote all
zed4 said:
I once parked on the side of the road on the opposite side of the road to someone's drive. Plenty of space for them to get out. They left a scribbled note: "don't park here you tossa" Apparently they thought they owned the road outside their house including the opposite side!
Nah you may have guessed wrong smile

They may not have thought they owned the road but they may have been trying to make sure the road didnt have any unnecessary obstruction

If you had a reason for parking up there and youd soon gone they wont have much of a claim spin



anonymous-user

55 months

Thursday 16th February 2017
quotequote all
zed4 said:
I once parked on the side of the road on the opposite side of the road to someone's drive. Plenty of space for them to get out. They left a scribbled note: "don't park here you tossa" Apparently they thought they owned the road outside their house including the opposite side!

roflroflroflrofl
Haha, that note is a bit unnecessary but I cannot get my XJ-S off the driveway if there is a car parked opposite. That's entirely my fault for having such a stupid car though hehe