Van is legally parked but a visual obstruction - options?
Van is legally parked but a visual obstruction - options?
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Whoozit

Original Poster:

3,888 posts

300 months

Saturday 19th January 2008
quotequote all
For several weeks an old L reg Transit has been parked on our road and have been moved only once. This is a high traffic road, single lane either way so it's pretty tight particularly with buses using it regularly. The curve of the road and width of the van make it impossible to see any traffic on that side of the road when you go to pull out irrespective of which direction you are parked in, for around 50 metres of road just outside the only houses. Consequently we and others have had near misses since we can't see oncoming traffic and they cannot see us until they are coming past the van. We are being very slow and careful pulling out but still have incidents.

When the van first appeared before Xmas it had a very expired tax disc, unfortunately within a week it was refreshed. What are the legal options to get BiB (or the council) to contact the owner and/or move it as an obstruction?

Thanks

vonhosen

40,597 posts

248 months

Saturday 19th January 2008
quotequote all
Whoozit said:
For several weeks an old L reg Transit has been parked on our road and have been moved only once. This is a high traffic road, single lane either way so it's pretty tight particularly with buses using it regularly. The curve of the road and width of the van make it impossible to see any traffic on that side of the road when you go to pull out irrespective of which direction you are parked in, for around 50 metres of road just outside the only houses. Consequently we and others have had near misses since we can't see oncoming traffic and they cannot see us until they are coming past the van. We are being very slow and careful pulling out but still have incidents.

When the van first appeared before Xmas it had a very expired tax disc, unfortunately within a week it was refreshed. What are the legal options to get BiB (or the council) to contact the owner and/or move it as an obstruction?

Thanks
If the Police consider it's left in a dangerous position then they can remove it & prosecute the owner.

Rich 36

13,739 posts

297 months

Saturday 19th January 2008
quotequote all
We had a courier leaving his van right on top of t junction ouside house.

Rang up company and they warned driver off, so a bit different,
just take superglue to his locks, or a tin of sardines down the air vent grill, that should do it

Soon get the message

Jasandjules

72,683 posts

260 months

Saturday 19th January 2008
quotequote all
vonhosen said:
If the Police consider it's left in a dangerous position then they can remove it & prosecute the owner.
They don't even bother to come out.

There was a car at the end of our street parked about 6 ft from the end of the road, so it blocked the exit and if anyone came into the road whilst someone was trying to move around the car (which didn't leave them enough to sit at the junction and wait it for it to be clear either). Plod didn't bother about it. Saw them two roads away with a speed camera though, so at least they had their priorities in order.

Rich 36

13,739 posts

297 months

Saturday 19th January 2008
quotequote all
Jasandjules said:
vonhosen said:
If the Police consider it's left in a dangerous position then they can remove it & prosecute the owner.
They don't even bother to come out.

There was a car at the end of our street parked about 6 ft from the end of the road, so it blocked the exit and if anyone came into the road whilst someone was trying to move around the car (which didn't leave them enough to sit at the junction and wait it for it to be clear either). Plod didn't bother about it. Saw them two roads away with a speed camera though, so at least they had their priorities in order.




puffpuff

23,217 posts

257 months

Saturday 19th January 2008
quotequote all
Jasandjules said:
vonhosen said:
If the Police consider it's left in a dangerous position then they can remove it & prosecute the owner.
They don't even bother to come out.
Oh yes they do. I had builders' vans parked on the road either side of my drive and couldn't see up or down the road when leaving in my car. I contacted my local Beat Manager who came round, warned the builders and when they persisted he issued tickets. Then they moved their vans.

vonhosen

40,597 posts

248 months

Saturday 19th January 2008
quotequote all
Jasandjules said:
vonhosen said:
If the Police consider it's left in a dangerous position then they can remove it & prosecute the owner.
They don't even bother to come out.

There was a car at the end of our street parked about 6 ft from the end of the road, so it blocked the exit and if anyone came into the road whilst someone was trying to move around the car (which didn't leave them enough to sit at the junction and wait it for it to be clear either). Plod didn't bother about it. Saw them two roads away with a speed camera though, so at least they had their priorities in order.
How do you know they didn't come out but just considered it didn't warrant action ?
Loads of times I got called to vehicles by people complaining about where it had been left but I disagreed with them as to regards the action I should take with it.

Whoozit

Original Poster:

3,888 posts

300 months

Saturday 19th January 2008
quotequote all
Rich 36 said:
We had a courier leaving his van right on top of t junction ouside house.

Rang up company and they warned driver off, so a bit different,
just take superglue to his locks, or a tin of sardines down the air vent grill, that should do it

Soon get the message
Unfortunately it's not moved ie the owner may not even notice! I want it moved, not punish the owner.


Jasandjules

72,683 posts

260 months

Saturday 19th January 2008
quotequote all
vonhosen said:
How do you know they didn't come out but just considered it didn't warrant action ?
Loads of times I got called to vehicles by people complaining about where it had been left but I disagreed with them as to regards the action I should take with it.
Well, they would have to be stupid to think it wasn't causing a problem. I guess you could be right then, judging by some of the plod round here.

Rich 36

13,739 posts

297 months

Saturday 19th January 2008
quotequote all
In my case, the van was driven by neighbou and used it to come home in. Overnight, obviously don't know where your van is causing a nuiscance, here though it was parked in a tiny lane, and it was the new generation massive transit type occupying three parking spaces, right up to and blocking view of, T junction.

Your not allowed to leave trucks parked in a residential area, so why a giant box van is somehow allowed is not good enough.

Fortunately company owner and operator of fleet of vehicles, possibly had his mind on his operators licence in the future, and sensibly told his driver to move it.


And yes we offerd the neighbour a quiet word 'over the fence' first, but he was unresponsive sadly.

I'd go with sardines, especially as it its a non-damaging message, plenty would have simply keyed a panel

Trueman sparks

88 posts

230 months

Sunday 20th January 2008
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Slight diversion,

Just to settle an argument; Is it ok to leave a big haulage trailer (artic type) parked up with no cab attached on a public rd?

mark69sheer

3,906 posts

233 months

Sunday 20th January 2008
quotequote all
Jasandjules said:
vonhosen said:
If the Police consider it's left in a dangerous position then they can remove it & prosecute the owner.
They don't even bother to come out.

There was a car at the end of our street parked about 6 ft from the end of the road, so it blocked the exit and if anyone came into the road whilst someone was trying to move around the car (which didn't leave them enough to sit at the junction and wait it for it to be clear either). Plod didn't bother about it. Saw them two roads away with a speed camera though, so at least they had their priorities in order.
The police in Harrogate actually annoy me.
They sit at one road on a side street.
They stop their car with the front of the vehicle level with the give way lines and then the officer behind the steering wheel then uses both hands to point his speed gun down the road.

Now either he is 'driving' or he is 'parked'

If he is driving then he is breaking the law by having both hands off his steering wheel and is therefore due 3 points and a fine
If he deems himself to be parked then he is breaking the law as he is literally in the same position that any other vehicle would be if it had come to the junction to pull out.
If you were to drive up behind it you would find it impossible to pull out as your only option would be to drive out of the junction on the wrong side of the road.
I may yet drive up behind him and sit waiting with my main beams on to see how long it would be before he moved. I would refuse to be waved past.
On a technical note if the police car is technically illegaly parked or if the officer is commiting a moving traffic offence by not being fully in charge then would any cars he registered and stopped be able to claim a false prosecution?

mark69sheer

3,906 posts

233 months

Sunday 20th January 2008
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any one with an answer to my last question in the post above?

Scraggles

7,619 posts

255 months

Sunday 20th January 2008
quotequote all
why not take a photo and take the question to the local police station, expect you will get waffle about how the law does not apply to them.. maybe u can park your car in the direction of where he aims the speed guns ?

Jasandjules

72,683 posts

260 months

Sunday 20th January 2008
quotequote all
mark69sheer said:
On a technical note if the police car is technically illegaly parked or if the officer is commiting a moving traffic offence by not being fully in charge then would any cars he registered and stopped be able to claim a false prosecution?
Nope, the conviction/prosecution would still stand. It's only really entrapment where the prosecution would fail.

I'd take a photo of them though if I were you, and give it to the papers.

mrmr96

13,736 posts

235 months

Sunday 20th January 2008
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Is it worth checking the insurance? I think it's illegal to park on the road without insurance.