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Neighbour Blocks my drive


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hey guys,

 

Ive only just passed my test and bought a car, my neighbour who we have had a few problems with now decides to park her car halfway across my driveway leaving me a tiny gap to reverse out ov.

 

Is it illegal to park covering someones driveway?

 

 

We have told her to move and she does, but then parks in the same place in the night so when i wake up in the morning for work i have to squeeze past, and having only just past my test, my reversing needs sum work LOL.

 

 

Thanks Guys

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As far as I know your neighbour is blocking your access. This needs to be kept clear for yourself and emergency services (Hopefully you will never need them) I would say it is an offence due to obstruction. Parking opposite someones driveway is also an offence.

The traffic wardens round my way do give tickets for these offences.

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Are you in London?

 

If so S14 of the London Local Authorities and Transport for London Act 2003 applies. This says:

 

14 Parking at dropped footways

(1) This section shall apply to any part of the carriageway of—

(a) any GLA road or GLA side road in a special parking area; and

(b) any other road in a special parking area in the area of a borough council,

which is adjacent to a dropped footway.

(2) But this section shall not apply in respect of any part of the carriageway during any period in which—

(a) an order under section 6 or section 9 of the Act of 1984 (which make provision about road traffic regulation orders) prohibits or permits the waiting of vehicles on it; or

(b) an order under section 45 of the Act of 1984 (Designation of parking places on highways) provides for its use as a designated parking place.

(3) A driver of a vehicle shall not at any time cause it to wait on a part of a road to which this section applies and the prohibition under this subsection shall be enforceable as if it had been imposed by an order under the said section 6.

(4) In the case where—

(a) residential premises have a driveway which is not shared by other premises; and

(b) the purpose of the dropped footway is to assist vehicles to enter or leave the road from or to the driveway,

the relevant borough council or Transport for London, as the case may be, may not issue a penalty charge notice in respect of any breach of the prohibition under subsection (3) above unless requested to do so by the occupier of the premises.

(5) Nothing in subsection (3) above shall require the placing of any traffic signs in connection with the prohibition thereby imposed.

(6) Nothing in this section shall prohibit the driver of a vehicle from causing it to wait in the circumstances mentioned in subsection (3) above—

(a) if the vehicle is being used for fire brigade, ambulance or police purposes;

(b) if the driver is prevented from proceeding by circumstances beyond his control or it is necessary for him to wait in order to avoid an accident;

© for so long as may be necessary for the purpose of enabling persons to board or alight from the vehicle;

(d) for so long as may be necessary (up to a maximum of 20 minutes) for the delivery or collection of goods or merchandise or the loading or unloading of the vehicle at any premises if that cannot reasonably be carried out as respects those premises without waiting as mentioned in subsection (3) above; or

(e) if the vehicle is being used for a purpose to which subsection (7) below applies and cannot be used for that purpose without so waiting.

 

Basically, if you park across a dropped footway in London you can get a ticket unless it is not a shared crossover and is for a private residence and the occupier has not requested it.

 

So in your case, if you are in London you can contact the local enforcement people and ask them to issue your neighbour with a PCN. Outside London, you need to find out from your local authority.

 

In any event, I would persist with talking to the neighbour first!

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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I had this done to me overnight once, while I was due to start duty at six in the morning. A quick call to the police, and they phoned the registered keeper up at 05.15 in the morning to advise him that it should be moved because it was causing an obstruction.

 

Father was not to pleased with son who had borrowed his car that night:D .

Blocking your drive while it is not occupied is more of a grey area. However, I have used the arguement before that if I am forced to park on the road outside my house, I am potentially invidating my insurance if something hits it, because I declare my car parked off road outside my home. If this did happen and the insurance company declined a claim, I would sue the owner of the car that blocked my drive.

MBNA - Agreed to refund £970 in full without conditions. Cheque received Sat 5th Aug.:D

Lloyds - Settled for an undisclosed sum.:D

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I was completely blocked in once and didn't know whos car it was so got my mate to drag the thing away. Mate left it in the middle of the road and within half an hour it was lifted. Not seen it since.

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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dw190, surely your not advocating that the OP or anyone else for that matter should do what you did.........;)

 

Friend of mine is Staffordshire found his drive blocked so he couldn't get in.

 

Called plod.

Plod response "We won't do anything unless it is actually blocking traffic"

Friend's response "I've got a Range Rover and a chain - I can make sure it is by the time you get here"

Plod "We'll send somebody over now"

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Sometimes that is the only way to get things resolved. Would just be nice if people were a little more considerate, then we wouldn't have to resort to that action, which could possibly open the gates for legal charges for criminal damage.

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Would just be nice if people were a little more considerate.

 

You are lucky around here it is not uncommon for drivers to actually park in strangers FRONT GARDENS and go shopping because they know that the Police and Council will be unable to ticket them. :eek:

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You are lucky around here it is not uncommon for drivers to actually park in strangers FRONT GARDENS and go shopping because they know that the Police and Council will be unable to ticket them. :eek:

Fit gates!

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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Its not my garden so not up to me, but you are missing the point why should people have to take preventative measures surely common decency would stop someone being so rude.

Surely for the same reason that you lock your front door when you leave home. I agree about common decency though but as in so many situations these days it's in the past (if it was ever there).

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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