Parking outside and entrace without a dropped kerb
Parking outside and entrace without a dropped kerb
Author
Discussion

matt1e

Original Poster:

7 posts

260 months

Sunday 25th July 2004
quotequote all
If a neighbour a few houses down erects a new drive entrance and does not bother to drop the kerb would it be legal or illegal to park across it.

I know the answer I would expect..... !

I'll see what comments come back before elaberating on my silly situation.

Davel

8,982 posts

281 months

Sunday 25th July 2004
quotequote all
Don't block it - unless you really don't like them and want an arguement.

Think it's illigal too!

Wacky Racer

40,610 posts

270 months

Sunday 25th July 2004
quotequote all
Whether the kerb is dropped or not, it is simply bad manners to block someones driveway, this is common sense.

This was covered as a topic a few weeks ago btw.

Streetcop

5,907 posts

261 months

Sunday 25th July 2004
quotequote all
If you come out in a morning to find your tyres slashed...there would be no proof who did it, but you could guess...

Sometimes trouble and hassle is unavoidable....in this case it IS avoidable.

Street

matt1e

Original Poster:

7 posts

260 months

Sunday 25th July 2004
quotequote all
OK, the story...

Neighbour 2 houses away and on a corner property.
Only him driving in the household of 2 he has 3 cars.
He has a drive and enough room for all of them in the drive.

He has decided that no-one else should be allowed to park outside his home at any time ! You do and he threatens to tow you.
Which funnily he did last week while we were on Holiday. Our car was parked between his 2 drives (1 legal and 1 not legal) perfectly fine without any obstruction to him. For 3 days he parked nose to tail with two of his cars so my wife would not be able to move. It just made us laugh cos the wife only works school hours so the car is not needed at present.
We went on Holiday for a week and did not bother to move the car as there were no spaces near to the house and for the nice neighbours to watch.

On return our car had been moved, not by much as he had given up after being spotted by a neighbour and warned he may be breaking the law. It was a foot and a half on the pavement when we left it it was on the road !!

The police will not do anything even though there are witnesses to him having attached the tow rope.

I feel like giving a bit of payback....like parking over the illegal entrance for a while....Why should he make everyones life hell and get away with it.

any suggestions for legal payback ??


>> Edited by matt1e on Sunday 25th July 16:08

Muncher

12,235 posts

272 months

Sunday 25th July 2004
quotequote all
Are all his cars taxed, insured, valid MOT?
Does he drive home after a couple?

If yes to any of them, let your local BiB know.

It's almost certainly an offence to move someone else's car. Depending on how much you want to get back at him, buy a couple of bangers, tax them and park them outside his

BliarOut

72,863 posts

262 months

Sunday 25th July 2004
quotequote all
He actually did you a favour. Having your wheels on the path could have got you a ticket. All wheels on the road and you are ok

Boosted Ls1

21,200 posts

283 months

Sunday 25th July 2004
quotequote all
It's an offence to drive over the kerb as far as I know. So if he has cars on the illegal driveway, how did they get there?

Streetcop

5,907 posts

261 months

Sunday 25th July 2004
quotequote all
Boosted Ls1 said:
It's an offence to drive over the kerb as far as I know. So if he has cars on the illegal driveway, how did they get there?


Section 34 of the Road Traffic act says:

(2) It is not an offence under this section to drive a motor vehicle on any land within fifteen yards of a road, being a road on which a motor vehicle may lawfully be driven, for the purpose only of parking the vehicle on that land.

Street

Balmoral Green

42,554 posts

271 months

Sunday 25th July 2004
quotequote all
You have no legal entitlement to park on the road outside your house, it is the public highway, generally folks are able to park outside their own home, and naturally thats the way it works out for most people, so fine. But if someone parks outside your house...tough! If he hasnt dropped the kerb and notified the council of a 'carriage crossing' its still the highway, you are not blocking his drive because technically, he doesnt have one.

Btw, if folks 'mark off' the road outside their house, to 'reserve' what they consider their bit of road, they are commiting an offence, I remember a story a few years back on central news about someone who used to put cones out with a plank balanced across them. He was charged with obstructing the highway.

highwayman

38 posts

270 months

Sunday 25th July 2004
quotequote all
Streetcop said:

Boosted Ls1 said:
It's an offence to drive over the kerb as far as I know. So if he has cars on the illegal driveway, how did they get there?



Section 34 of the Road Traffic act says:

(2) It is not an offence under this section to drive a motor vehicle on any land within fifteen yards of a road, being a road on which a motor vehicle may lawfully be driven, for the purpose only of parking the vehicle on that land.

Street


It is an offence under Section 184 of the Highways Act 1980 to drive a vehicle across the footway and/or verge to gain access to a property if a properly constructed vehicular access is not in place. Planning permission would also be required if on a classified road

matt1e

Original Poster:

7 posts

260 months

Sunday 25th July 2004
quotequote all
BliarOut said:
He actually did you a favour. Having your wheels on the path could have got you a ticket. All wheels on the road and you are ok





Sorry m8 my punctuation was a miss in the story bit.
I left the car legally parked off the kerb.

The guy moved it from that legal position and left it 1.5ft onto the kerb !

Balmoral - That was my understanding of the position...I am reluctant to park over the illegal drive until I know the police cannot class the area (entrance without dropped kerb and no planning permission) as an entrance.

>> Edited by matt1e on Sunday 25th July 19:41

>> Edited by matt1e on Sunday 25th July 19:42

Dwight VanDriver

6,583 posts

267 months

Sunday 25th July 2004
quotequote all
Mattle as said earlier is it worth the hassle in bringing the finer points of law to bear on the problem and really getting your back up and his?. Try the friendly approach. Invite him round for a couple of tinnies and discuss yours and his problems to reach a compromise. You never know you may make a friend for life.

DVD

Boosted Ls1

21,200 posts

283 months

Sunday 25th July 2004
quotequote all
highwayman said:

Streetcop said:


Boosted Ls1 said:
It's an offence to drive over the kerb as far as I know. So if he has cars on the illegal driveway, how did they get there?




Section 34 of the Road Traffic act says:

(2) It is not an offence under this section to drive a motor vehicle on any land within fifteen yards of a road, being a road on which a motor vehicle may lawfully be driven, for the purpose only of parking the vehicle on that land.

Street



It is an offence under Section 184 of the Highways Act 1980 to drive a vehicle across the footway and/or verge to gain access to a property if a properly constructed vehicular access is not in place. Planning permission would also be required if on a classified road


These 2 posts are interesting. So the key seems to be if there is a foot path or not?

Dwight VanDriver

6,583 posts

267 months

Sunday 25th July 2004
quotequote all
Its Section 72 Highways Act 1835 that creates the offence of wilfully driving on a footpath. &500 fine possible disqualification if vehicle used.

Section 184 Highways Act 1980 doesn't create an offnce only the power for LA to serve Notice to erect a crossing point where habitual crossing of a raised kerb is taking place.

DVD

Boosted Ls1

21,200 posts

283 months

Sunday 25th July 2004
quotequote all
This explains why the local plod all drive over the kerb to park at the side of the nick

I always wondered how they were getting away with it.

chrisgr31

14,208 posts

278 months

Monday 26th July 2004
quotequote all
Isn't the simpler solution to report him to the council for an illegal driveway? They will want him to apply for planninmg permission, install a dropped kerb etc, none of which is cheap!

Wacky Racer

40,610 posts

270 months

Monday 26th July 2004
quotequote all
Dwight VanDriver said:
Its Section 72 Highways Act 1835 that creates the offence of wilfully driving on a footpath. &500 fine possible disqualification if vehicle used.





Strange

I didn't think cars were invented till around 1898.....

Perhaps they meant the horse and cart....

rsvmilly

11,288 posts

264 months

Monday 26th July 2004
quotequote all
Streetcop said:

Boosted Ls1 said:
It's an offence to drive over the kerb as far as I know. So if he has cars on the illegal driveway, how did they get there?



Section 34 of the Road Traffic act says:

(2) It is not an offence under this section to drive a motor vehicle on any land within fifteen yards of a road, being a road on which a motor vehicle may lawfully be driven, for the purpose only of parking the vehicle on that land.

Street
It's interesting that you've posted that. I remember seeing a circular sent around by the council. At that time, this particular road had few dropped kerbs - the council were basically selling crossovers to homeowners. They made it very clear that anybody crossing the pavement without using one of their crossovers would be breaking the law.

Were they fibbing?

matt1e

Original Poster:

7 posts

260 months

Tuesday 27th July 2004
quotequote all
They guy certainly does not want the friendly approach as tried, for the 3rd time, today....He is more than just abusive/arrogant and ignorant.

His additional home made drive and wall and house extension joining the house to the garage(about 25ft long) are all to be inspected by the council soon !

Gonna watch it all come down like the Berlin Wall and party accordingly !! He said he spent 15K doing it all DIY and it is a sad day when, my neighbours and I, have to resort to these measures.

Some poeple take the Proverbial though.....

>> Edited by matt1e on Tuesday 27th July 22:58