Blocking access to property while parked "legally"
Discussion
It is not an offence to park on a public highway. It is an offence to block a dropped kerb driveway. What if a car is parked "legally" on a public highway but, due to the width of the road, driveway access is made impossible as a result? Is it a case of suck it up, or is there some comeback?
James6112 said:
I believe it’s an offence to block exit from a driveway
But not to block entry
Strange..
Urban myth I believe.But not to block entry
Strange..
Certainly in a "special enforcement area" (most areas with council enforced parking, ie most of the country nowadays) it's explicitly against the law to park across any dropped kerb, with an exception for blocking your own driveway. No mention of whether anybody is parked on the driveway at the time.
https://www.legislation.gov.uk/ukpga/2004/18/secti...
How about a road which is so narrow that parking on one side makes it impossible to turn a car into/out of a narrow drive on the other side?
There could be grey areas here, it might be possible to make the turn in an Austin A30, but not in a Pontiac....
That isn't covered by the dropped kerb malarkey.
There could be grey areas here, it might be possible to make the turn in an Austin A30, but not in a Pontiac....
That isn't covered by the dropped kerb malarkey.
Aretnap said:
James6112 said:
I believe it’s an offence to block exit from a driveway
But not to block entry
Strange..
Urban myth I believe.But not to block entry
Strange..
Certainly in a "special enforcement area" (most areas with council enforced parking, ie most of the country nowadays) it's explicitly against the law to park across any dropped kerb, with an exception for blocking your own driveway. No mention of whether anybody is parked on the driveway at the time.
https://www.legislation.gov.uk/ukpga/2004/18/secti...
https://www.rbwm.gov.uk/home/business-and-economy/...
“ Obstruction of dropped access to the property is enforced by Police only if the property owner is unable to get off the premises onto the highway”
James6112 said:
A grey area!
https://www.rbwm.gov.uk/home/business-and-economy/...
“ Obstruction of dropped access to the property is enforced by Police only if the property owner is unable to get off the premises onto the highway”
Clearly based on the assumption that we all live in some utopia where leaving your P&J on the street instead of locking it in the garage is fine because there is no car crime.https://www.rbwm.gov.uk/home/business-and-economy/...
“ Obstruction of dropped access to the property is enforced by Police only if the property owner is unable to get off the premises onto the highway”
MitchT said:
It is not an offence to park on a public highway. It is an offence to block a dropped kerb driveway. What if a car is parked "legally" on a public highway but, due to the width of the road, driveway access is made impossible as a result? Is it a case of suck it up, or is there some comeback?
Highway code:Rule 242
You MUST NOT leave your vehicle or trailer in a dangerous position or where it causes any unnecessary obstruction of the road.
Nuff said?
(22 Leaving vehicles in dangerous positions.
If a person in charge of a vehicle causes or permits the vehicle or a trailer drawn by it to remain at rest on a road in such a position or in such condition or in such circumstances as to involve a danger of injury] to other persons using the road, he is guilty of an offence.)
Rule 243
DO NOT stop or park:
in front of an entrance to a property
Tricky one...
Also, can items such as this in the highway code actually be enforced or is it just treated as "advice"?
Racing Newt said:
Highway code:
Rule 242
You MUST NOT leave your vehicle or trailer in a dangerous position or where it causes any unnecessary obstruction of the road.
Nuff said?
It's not dangerous as such. It just prevents a resident's vehicle moving into or out of its legitimate parking space. But the road is classed as a public highway and as far as they're concerned they have a right to park there, which you can't really argue with. These are people whose attitude is "I can, so I will" without any consideration for others. Unless there's a legal way to stop them they'll just carry on.Rule 242
You MUST NOT leave your vehicle or trailer in a dangerous position or where it causes any unnecessary obstruction of the road.
Nuff said?
Racing Newt said:
(22 Leaving vehicles in dangerous positions.
If a person in charge of a vehicle causes or permits the vehicle or a trailer drawn by it to remain at rest on a road in such a position or in such condition or in such circumstances as to involve a danger of injury] to other persons using the road, he is guilty of an offence.)
Doesn't apply. No danger or danger of injury.If a person in charge of a vehicle causes or permits the vehicle or a trailer drawn by it to remain at rest on a road in such a position or in such condition or in such circumstances as to involve a danger of injury] to other persons using the road, he is guilty of an offence.)
Racing Newt said:
Rule 243
DO NOT stop or park:
in front of an entrance to a property
Not parked in front of an entrance. Parked opposite but on a road which isn't sufficiently wide as to afford residents access to/from parking when the offending vehicles are there.DO NOT stop or park:
in front of an entrance to a property
Also, can items such as this in the highway code actually be enforced or is it just treated as "advice"?
I have an ongoing issue with this; in short someone who is repeatedly parking their vehicle all day in front of my dropped kerb.
The Highway Code states that you should not park in front of a dropped kerb, not that you must not.
The Road and Traffic Management Act states that in a Special Enforcement Area it is an offence to park in front of a dropped kerb. It isn’t very clear what makes a Soecial Enforcement Area but it appears to be something that Councils apply for as these are widely used across London and other cities. If you look at many London Council websites on parking then they often declare they enforce parking across dropped kerbs with fines. Note that the owner of the property, emergency services, and people with permission of the owner to park there have an exemption from being fined.
Sometimes a solid white line is painted on the road to make the dropped kerb parking restrictions more obvious, but these are advisory and not enforceable.
I asked my Council what could be done to prevent someone repeatedly parking across the dropped kerb giving access to my property, they said they could do nothing to enforce it and referred me to the Police. I have an open question to the Police about what they can do about it.
In short, if you are in a Special Enforcement Area, the Council parking attendants can issue a fine to someone parked across a dropped kerb, but they usually don’t because it might be the owner or someone with permission.
If you are outside a Soecial Enforcement Area, it appears that your options are extremely limited and people can park in front of your access repeatedly and with apparent impunity.
I’ll update this thread if I get any positive directions out of this. I’m fed up with receiving abuse every time I ask the person to move their car (I know who it is).
The Highway Code states that you should not park in front of a dropped kerb, not that you must not.
The Road and Traffic Management Act states that in a Special Enforcement Area it is an offence to park in front of a dropped kerb. It isn’t very clear what makes a Soecial Enforcement Area but it appears to be something that Councils apply for as these are widely used across London and other cities. If you look at many London Council websites on parking then they often declare they enforce parking across dropped kerbs with fines. Note that the owner of the property, emergency services, and people with permission of the owner to park there have an exemption from being fined.
Sometimes a solid white line is painted on the road to make the dropped kerb parking restrictions more obvious, but these are advisory and not enforceable.
I asked my Council what could be done to prevent someone repeatedly parking across the dropped kerb giving access to my property, they said they could do nothing to enforce it and referred me to the Police. I have an open question to the Police about what they can do about it.
In short, if you are in a Special Enforcement Area, the Council parking attendants can issue a fine to someone parked across a dropped kerb, but they usually don’t because it might be the owner or someone with permission.
If you are outside a Soecial Enforcement Area, it appears that your options are extremely limited and people can park in front of your access repeatedly and with apparent impunity.
I’ll update this thread if I get any positive directions out of this. I’m fed up with receiving abuse every time I ask the person to move their car (I know who it is).
PhilboSE said:
I have an ongoing issue with this; in short someone who is repeatedly parking their vehicle all day in front of my dropped kerb.
The Highway Code states that you should not park in front of a dropped kerb, not that you must not.
The Road and Traffic Management Act states that in a Special Enforcement Area it is an offence to park in front of a dropped kerb. It isn’t very clear what makes a Soecial Enforcement Area but it appears to be something that Councils apply for as these are widely used across London and other cities. If you look at many London Council websites on parking then they often declare they enforce parking across dropped kerbs with fines. Note that the owner of the property, emergency services, and people with permission of the owner to park there have an exemption from being fined.
Sometimes a solid white line is painted on the road to make the dropped kerb parking restrictions more obvious, but these are advisory and not enforceable.
I asked my Council what could be done to prevent someone repeatedly parking across the dropped kerb giving access to my property, they said they could do nothing to enforce it and referred me to the Police. I have an open question to the Police about what they can do about it.
In short, if you are in a Special Enforcement Area, the Council parking attendants can issue a fine to someone parked across a dropped kerb, but they usually don’t because it might be the owner or someone with permission.
If you are outside a Soecial Enforcement Area, it appears that your options are extremely limited and people can park in front of your access repeatedly and with apparent impunity.
I’ll update this thread if I get any positive directions out of this. I’m fed up with receiving abuse every time I ask the person to move their car (I know who it is).
Contact the police and report it as being antisocial, causing distress and alarm, and there should be some action on it.The Highway Code states that you should not park in front of a dropped kerb, not that you must not.
The Road and Traffic Management Act states that in a Special Enforcement Area it is an offence to park in front of a dropped kerb. It isn’t very clear what makes a Soecial Enforcement Area but it appears to be something that Councils apply for as these are widely used across London and other cities. If you look at many London Council websites on parking then they often declare they enforce parking across dropped kerbs with fines. Note that the owner of the property, emergency services, and people with permission of the owner to park there have an exemption from being fined.
Sometimes a solid white line is painted on the road to make the dropped kerb parking restrictions more obvious, but these are advisory and not enforceable.
I asked my Council what could be done to prevent someone repeatedly parking across the dropped kerb giving access to my property, they said they could do nothing to enforce it and referred me to the Police. I have an open question to the Police about what they can do about it.
In short, if you are in a Special Enforcement Area, the Council parking attendants can issue a fine to someone parked across a dropped kerb, but they usually don’t because it might be the owner or someone with permission.
If you are outside a Soecial Enforcement Area, it appears that your options are extremely limited and people can park in front of your access repeatedly and with apparent impunity.
I’ll update this thread if I get any positive directions out of this. I’m fed up with receiving abuse every time I ask the person to move their car (I know who it is).
Racing Newt said:
Note that the situation is covered.
You MUST NOT leave your vehicle or trailer in a dangerous position or WHERE IT CAUSES ANY UNECESSARY OBSTRUCTION.
Yes, I've kind of acknowledged that it's covered, but the perpetrators don't care and what actual way is there to enforce it anyway?You MUST NOT leave your vehicle or trailer in a dangerous position or WHERE IT CAUSES ANY UNECESSARY OBSTRUCTION.
https://www.askthe.police.uk/faq/?id=b812e9dd-d3ce...
In Scotland the advice is different
https://www.askthe.scottish.police.uk/faq/?id=956d...
Cat
In Scotland the advice is different
https://www.askthe.scottish.police.uk/faq/?id=956d...
Cat
MitchT said:
James6112 said:
A grey area!
https://www.rbwm.gov.uk/home/business-and-economy/...
“ Obstruction of dropped access to the property is enforced by Police only if the property owner is unable to get off the premises onto the highway”
Clearly based on the assumption that we all live in some utopia where leaving your P&J on the street instead of locking it in the garage is fine because there is no car crime.https://www.rbwm.gov.uk/home/business-and-economy/...
“ Obstruction of dropped access to the property is enforced by Police only if the property owner is unable to get off the premises onto the highway”
James6112 said:
Aretnap said:
James6112 said:
I believe it’s an offence to block exit from a driveway
But not to block entry
Strange..
Urban myth I believe.But not to block entry
Strange..
Certainly in a "special enforcement area" (most areas with council enforced parking, ie most of the country nowadays) it's explicitly against the law to park across any dropped kerb, with an exception for blocking your own driveway. No mention of whether anybody is parked on the driveway at the time.
https://www.legislation.gov.uk/ukpga/2004/18/secti...
https://www.rbwm.gov.uk/home/business-and-economy/...
“ Obstruction of dropped access to the property is enforced by Police only if the property owner is unable to get off the premises onto the highway”
The offence of obstruction of the highway can be committed by parking on the highway and preventing access to the highway from private land but not by preventing access to the private land. That is a civil matter between the two parties.
The contravention for parking adjacent to a dropped kerb, referred to by Aretnap, is also civil, but enforced by a local authority.
MitchT said:
It is not an offence to park on a public highway. It is an offence to block a dropped kerb driveway. What if a car is parked "legally" on a public highway but, due to the width of the road, driveway access is made impossible as a result? Is it a case of suck it up, or is there some comeback?
Could still amount to obstruction of the highway if a vehicle cannot access the road. If the civil contravention of parking adjacent to the dropped kerb includes parking opposite the council may enforce it. Speed Matters | Speed, Plod & the Law | Top of Page | What's New | My Stuff