Nuisance parking: regulation 103
Discussion
Hi everyone,
I wanted to ask for advice about a tricky situation my family have. We bought our house in 2020, it turns out a neighbour has kept a van on the road outside since 2005 only to block parking spaces for himself.
It’s taxed and insured. However, it is idled for hours every day so that it continues to start (it otherwise hasn’t moved since 2005).
Police have issued a Section 59, and have told him he can’t idle it for hours a day outside our house.
The impact on my family is: we can never secure parking outside our house (ie for work to be done on our house) as he is unwilling to talk or help. Several workmen have simply said they won’t come out as it’s such a known issue locally. It’s a very difficult area to park but getting access to our house is impossible because of this.
He has told police that the van is ‘a memorial to his late father’. While they have acknowledged the deliberate nuisance they say it doesn’t break highways law.
Does it break Regulation 103 of Road Vehicles Regulations 1986, which is ‘offence of unnecessary obstruction of the road?’ This might seem over the top but doesn’t a van stationary since 2005 constitute unnecessary obstruction..?
Or is it a breach of the Section 59 which becomes valid when a vehicle is causing ‘alarm, distress or annoyance to members of the public’?
Thanks for reading. We will hope to sell sometime soon and this issue will have to be declared if not resolved. Grateful for any suggestions as to how authorities (who recognise the issue and want to help) can finally resolve.
I wanted to ask for advice about a tricky situation my family have. We bought our house in 2020, it turns out a neighbour has kept a van on the road outside since 2005 only to block parking spaces for himself.
It’s taxed and insured. However, it is idled for hours every day so that it continues to start (it otherwise hasn’t moved since 2005).
Police have issued a Section 59, and have told him he can’t idle it for hours a day outside our house.
The impact on my family is: we can never secure parking outside our house (ie for work to be done on our house) as he is unwilling to talk or help. Several workmen have simply said they won’t come out as it’s such a known issue locally. It’s a very difficult area to park but getting access to our house is impossible because of this.
He has told police that the van is ‘a memorial to his late father’. While they have acknowledged the deliberate nuisance they say it doesn’t break highways law.
Does it break Regulation 103 of Road Vehicles Regulations 1986, which is ‘offence of unnecessary obstruction of the road?’ This might seem over the top but doesn’t a van stationary since 2005 constitute unnecessary obstruction..?
Or is it a breach of the Section 59 which becomes valid when a vehicle is causing ‘alarm, distress or annoyance to members of the public’?
Thanks for reading. We will hope to sell sometime soon and this issue will have to be declared if not resolved. Grateful for any suggestions as to how authorities (who recognise the issue and want to help) can finally resolve.
markjmd said:
How does idling a stationary van constitute moving it? And if it's never moved, how does it ever get MOTed, so that it can be taxed?
Once a year he gets relatives to come and do a ridiculous procedure swapping vehicles around so as not to lose his space during MOT. Not sure I understand your first sentence - I’ve not said that idling constitutes moving it.
Komland said:
markjmd said:
How does idling a stationary van constitute moving it? And if it's never moved, how does it ever get MOTed, so that it can be taxed?
Once a year he gets relatives to come and do a ridiculous procedure swapping vehicles around so as not to lose his space during MOT. Not sure I understand your first sentence - I’ve not said that idling constitutes moving it.
" it is idled for hours every day so that it continues to start (it otherwise hasn’t moved since 2005). "
which amounts to exactly that.
Anyway, max sympathy and all that, the guy sounds like a total bellend. What part of the country is this, so that I can take a wide detour?
I don't have any great suggestions, but perhaps keep an eye on the MOT due date using the on line checker.
As it approaches, keep watch for when it moves for its test, or the moment it expires and sits on the road report it again.
Sounds very selfish of your neighbor, unfortunately many of them around.
As it approaches, keep watch for when it moves for its test, or the moment it expires and sits on the road report it again.
Sounds very selfish of your neighbor, unfortunately many of them around.
markjmd said:
Komland said:
markjmd said:
How does idling a stationary van constitute moving it? And if it's never moved, how does it ever get MOTed, so that it can be taxed?
Once a year he gets relatives to come and do a ridiculous procedure swapping vehicles around so as not to lose his space during MOT. Not sure I understand your first sentence - I’ve not said that idling constitutes moving it.
" it is idled for hours every day so that it continues to start (it otherwise hasn’t moved since 2005). "
which amounts to exactly that.
Anyway, max sympathy and all that, the guy sounds like a total bellend. What part of the country is this, so that I can take a wide detour?
Apologies, I should have been clearer. He moves it a foot back and forwards every day to make space for his other van.
He’s spray painted a line in the road, and then reverses a foot every morning. The line is the exact place to block two spaces during the day. In the afternoon he drives van forwards a foot.
Apart from that it never goes anywhere.
Komland said:
TheBALDpuma said:
Any chance of a link to a street view of the street so we can see what the situation is??
Funny you ask as it’s extremely obvious from current and old Google street views… Not sure about legal position of sharing location?
Teddy Lop said:
While incredibly selfish I'm struggling to see how his one space is causing such an issue? Is there nowhere else to park?
Is there space on your front for hard standing that you could install a drop kerb?
Impossible to get access to our house and I’m not thrilled at the idea of someone spending another 20 years idling an old diesel right outside my son’s bedroom window. Is there space on your front for hard standing that you could install a drop kerb?
Starting them both up, idling them and then swapping them round every morning at 5:30/6:00am, whilst slamming all the doors, has woken my family most mornings for 2 years.
My wife is pregnant and, near the due date, I think it would be reasonable to ask neighbours to help us get our car near our front door at night in case she goes into labour.
I completely see your point but you only feel how annoying these situations are when you’re unfortunate enough to be in them.
markjmd said:
Buy the cheapest micro car you can find that will just fit in front of (or behind) the van, so that it can no longer be shuffled backwards and forwards every day.
Thread closed.
Have been very tempted to do this but, knowing him, it’s unwise to provoke. It might come to it though…Thread closed.
Should add that our front garden is 25cm too short for local planning driveway regs.
Local sergeant wrote a letter to council asking them to overlook it but they refused…
Komland said:
Teddy Lop said:
While incredibly selfish I'm struggling to see how his one space is causing such an issue? Is there nowhere else to park?
Is there space on your front for hard standing that you could install a drop kerb?
Impossible to get access to our house and I’m not thrilled at the idea of someone spending another 20 years idling an old diesel right outside my son’s bedroom window. Is there space on your front for hard standing that you could install a drop kerb?
Starting them both up, idling them and then swapping them round every morning at 5:30/6:00am, whilst slamming all the doors, has woken my family most mornings for 2 years.
My wife is pregnant and, near the due date, I think it would be reasonable to ask neighbours to help us get our car near our front door at night in case she goes into labour.
I completely see your point but you only feel how annoying these situations are when you’re unfortunate enough to be in them.
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