Inconsiderate parking opposite my drive...

[jon247]

I live in what I would consider to be a very poorly designed town centre housing development. My driveway/garage are at the mouth of our cul-de-sac which is quite narrow, irrespective of cars being parked by the roadside.

Anyway... I'll cut to the chase. One of our neighbours from accross the road has started parking a large van directly opposite our driveway. Due to the shape/angle of our driveway and the close proximity of walls and additional car parking spaces, it is tricky to reverse in or out of anyway, however the large van only serves to make matters worse.

I initially thought that he was only parking it there as a temporary measure, however it has now become a regular fixture.

I've taken some photos of the said van in front of our driveway, and wondered if I could have some feedback on where I stand from a legal perspective. I intend speaking to him (diplomatically) tomorrow, however the fact that he parked there in the first place suggests that he doesn't really care about putting us out.

Photos below

http://hax.fotopic.net/p55668356.html - This is supposed to illustrate how narrow the road is. The van is parked directly opposite our drive, and the car parking space which is adjacent to the left of our drive (this is normally occupied, however a lot of our neighbours are on their) hols

http://hax.fotopic.net/p55668358.html - This is a view from our driveway which I have to reverse in/out of to get my car into the garage.

Thanks in advance for any advice,

Cheers

HaX

Edited by jon247 on Thursday 1st January 23:40

[BigLepton]

Perhaps the pictures don't do your plight justice, but from them it looks like you have loads of room in both directions, certainly a lot more than I had at my previous house which was on a narrow single track road and I had to pull up at a right angle to my drive and do a three point turn backwards into it! Are there any parking restrictions opposite your house where the van parks?

[jon247]

There are no parking restrictions, other than the fact that the van is parked very close to the junction of our cul de sac.

It wouldn't be too difficult to get out if we didn't have such a tight entrance to our drive (wall on one side, neighbours car parking space on the other side). I am able to get in and out of our driveway without too much hastle, but once our neighbours car is back in its space, this narrows our driveway further due to it overhanging....

[thinfourth2]

Of course if it was a car it would be not as long and not as tall and almost exactly the same width. You notice it as it is a van which is probably at most a foot wider then a typical car.

I had the same problem when i moved here as i got various complaints from neighbours about my HUGE landrover which turned out to be shorter and narrower then their people carrier.

Frm the pics it looks like you have loads of room to get in and out

[jon247]

I don't think the pics do it justice.

Normally there is a car parked in the car parking space in front of the wall to the left of our drive, and in order to get out of the culdesac, I have to reverse where the van/truck is to get out (exit is to the right) of our drive.

Naturally I can get out of our drive (even with the van parked opposite), it just makes it more difficult. It also doesn't look particularly nice either, which is of a concern to us, as we would like to sell the house at some point soon.....

Thanks for the input though...... maybe I am being unreasonable.

Edited by jon247 on Friday 2nd January 00:13

[Emeye]

Personally I'd hate to have that thing parked opposite my house. Looks a mess, but I doubt there is much you can do about it. Problem is that most people seem to want their car/van as close to their front door as possible, even if there would be somewhere better to park it - is there anywhere else he could leave it?

[Glassman]

I can see your point, but I feel you're unlucky... and that's it. Try and catch the bloke at some stage and have a polite chat with him and ask if he wouldn't mind helping you out.

No need for legal fraffing on this.

[flemke]

It's an offence to block someone from taking a vehicle out of his drive or road. Depending on wheelbase, perhaps it would be impossible for you to take a vehicle of your own out of your road?

[jon247]

Emeye said:

Personally I'd hate to have that thing parked opposite my house. Looks a mess, but I doubt there is much you can do about it. Problem is that most people seem to want their car/van as close to their front door as possible, even if there would be somewhere better to park it - is there anywhere else he could leave it?

I'm glad I'm not alone then, I was beginning to wonder if I was being unreasonable....

[peterguk V6 KWK]

jon247 said:

other than the fact that the van is parked very close to the junction of our cul de sac.

IIRC, there are regulations as to how close to a junction a vehicle can be legally parked??

[streaky]

Highway Code 217 said:

DO NOT park your vehicle or trailer on the road where it would endanger, inconvenience or obstruct pedestrians or other road users. For example, do not stop

• near a school entrance
• anywhere you would prevent access for Emergency Services
• at or near a bus stop or taxi rank
• on the approach to a level crossing
• opposite or within 10 metres (32 feet) of a junction, except in an authorised parking space
• near the brow of a hill or hump bridge
• opposite a traffic island or (if this would cause an obstruction) another parked vehicle
• where you would force other traffic to enter a tram lane
• where the kerb has been lowered to help wheelchair users
• in front of an entrance to a property
• on a bend.

Streaky

[fuctifino]

Slash the tyres, he won't do it again.

[Jasandjules]

I wouldn't be too happy with that parking, it does look like he very much restricts your exit (though you can get out by the looks of it, I do also think those brick walls don't help you much, if you don't need them, I'd lose them) If it was only one day a week or something then fair enough, but every day? Have you asked him if he could move it a fraction over so you can get out easily? It does look like he's kerbed it to keep it off the road where possible. If he moved it 10ft in either direction would he then be blocking someone else's driveway?

Oh, and I read the Highway Code as not parking across your driveway, i.e. actually on your side of the road, he is on the opposite side.. Only because otherwise in some streets you wouldn't be able to park at all. And junctions I take to mean actually side roads, which I don't see in those pics.

Edited by Jasandjules on Friday 2nd January 08:33

[LeoSayer]

Sod the legal stuff and pics, just knock on his door, tell him who you are, tell about your problem and ask him politely if he could park the van somewhere else in future.

[thinfourth2]

jon247 said:

Naturally I can get out of our drive (even with the van parked opposite), it just makes it more difficult. It also doesn't look particularly nice either,

Ah ha thought that was the real problem it doesn't look very pretty

[dirkgently]

LeoSayer said:

Sod the legal stuff and pics, just knock on his door, tell him who you are, tell about your problem and ask him politely if he could park the van somewhere else in future.

The poor sod that owns the van probably parks it there because another neighbor who cant drive and thinks that thay own the street outside of their house has asked him to park elsewhere.

[tvrgit]

There is a lot of confusion about this issue.

Streaky's post is correct - the Highway Code advises what you should not do. However, the OP asked about the LEGAL position, and none of those point in HC Rule 217 are backed up in law - those are essentially "good practice" not a legal requirement.

LEGALLY, in the absence of yellow lines or other regulations (such as a clearway etc) you can park more or less where you like in the daytime, as long as you do not cause an obstruction to vehicles using the highway (and vehicles wishing to enter the highway as is your problem here). In other words, you have a legal right to be able to get your vehicle from your property onto the highway. You don't have the same right to be able to get off the highway into your drive. In this case, however, I would say that the van does not PREVENT you getting out, it just makes it more awkward, but I think that might not be enough to constitute obstruction.

At night, however, the situation is very different. The Road Vehicle Licensing Regulations, and the Construction and Use Regs, require that only vehicle under 1.5 tonnes can park without displaying lights. That van is over that weight, I think, so should be displaying lights. These regulations are summarised in Highway Code rule
250:

Highways Code Rule 250 said:

Cars, goods vehicles not exceeding 1525 kg unladen weight, invalid carriages, motorcycles and pedal cycles may be parked without lights on a road (or lay-by) with a speed limit of 30 mph (48 km/h) or less if they are

* at least 10 metres (32 feet) away from any junction, close to the kerb and facing in the direction of the traffic flow
* in a recognised parking place or lay-by

Other vehicles and trailers, and all vehicles with projecting loads, MUST NOT be left on a road at night without lights.

That is also the only specific legal requirement to be parked more than 10 metres from a junction - ie at night without lights.

The only issue then, is can you get the police interested in a technical offence that is committed on a daily (or rather, nightly) basis by thousands of people?

[tvrgit opens can of worms, lights fuse, runs away]

[markmullen]

I can't see the pics at the moment so can't see the van but a lot of modern houses deeds have restrictive covenants covering the parking of lettered trade vehicles, worth a look if your quiet chat doesn't go well.

[TallPaul]

Who enforces these covenants? I think usually, they are put in place by the builders/developers to make the area look more attractive to new purchasers. Once all the properties are sold, the developer will no longer be intersted in the covenants.

Edited by TallPaul on Friday 2nd January 23:09

[14-7]

The pics you've posted haven't been availble all day so a bit hard to help.