Vehicle blocking private driveway

[p.s.]

As happens on the odd occasion, someone decides to park across my driveway (dropped kerb, double gates with "NO PARKING" sign and garage behind)... If I don't know the car I usually give it a few hours and they eventually go....

 

However, about 9pm one night, someone decided to park there all night. I called the police at about 11pm (giving it a couple of hours) and they said it was not registered locally so not an easy knock on the door. They would inform the local station.

 

About 2am, I get a call from the BiB, they drove past, saw the car there but they cannot do anything, at least not until I need my car, and then could be MANY hours before they can get it towed... LUCKILY, i was off work the following day, as I would normally need my car about 6am.

 

This happened before. and the police issued tickets and said they need to do this before it can be towed and that if I needed access to call back and they would proceed in getting it towed.

 

Now, my job can involve me being called into work (24hrs). So could cause me severe delay, if called in, in the early hours.

 

I've never yet needed one to be towed, as I am very reasonable. If I really don't need my car or can work around not using it I will.

 

I pointed out to the BiB the other night that "usually" a ticket is issued, as it's supposedly a prerequisite for then getting a vehicle towed (it is also an expensive reminder for the owner not to park there in future !)

 

I was declined the ticket as NO OFFENCE WAS BEING COMMITTED !

 

...........................

 

Q. Is there an offence or not ? What can be done, my rights, police action etc...

 

Thanks.

 

 

P.S. There is no yellow line across the dropped curb (just a white line, designating the drive-way). I dont want a yellow line as previously suggested by the BiB, as then NO ONE could park there, i.e. my wife's or son's car (which I can obviously get moved if I need garage access)

[Al27]

The offence is causing an obstruction on a public highway. The police can issue an FPN, but it could take some time to get it towed as they've said.

 

The council can do a similar thing, but again might not be speedy.

 

You might want to get a couple of cones and put them on the road in front of your drive. Probably a bit naughty, but who could blame you?

[My Real Name]

P.S. There is no yellow line across the dropped curb (just a white line, designating the drive-way). I dont want a yellow line as previously suggested by the BiB, as then NO ONE could park there, i.e. my wife's or son's car (which I can obviously get moved if I need garage access)

I might hazard a guess that enforcement would not discriminate between those vehicles belonging to you, your friends or your family, assuming that it is a public highway. If a vehicle is obstructing the driveway, it will not be within the CEO's / PC's discretion to determine that it was there with your blessing or not.

[p.s.]

The offence is causing an obstruction on a public highway. The police can issue an FPN, but it could take some time to get it towed as they've said.

 

The council can do a similar thing, but again might not be speedy.

 

You might want to get a couple of cones and put them on the road in front of your drive. Probably a bit naughty, but who could blame you?

 

Exactly what I thought the offence was, but not sure why the reluctance to even issue a ticket (it was cold out )

 

If I know I'll be out late, I do sometimes put a cone out, to ensure I have access back into the garage.

 

I might hazard a guess that enforcement would not discriminate between those vehicles belonging to you, your friends or your family, assuming that it is a public highway. If a vehicle is obstructing the driveway, it will not be within the CEO's / PC's discretion to determine that it was there with your blessing or not.

 

But I only call them when I decide that the vehicle is not there with my blessing.

 

I also believe that there is no offence committed if there is no vehicle in the garage or on the drive-way to be blocked in ? So, how would it be determined if an offence were being committed if they can't see into the garage ?

[My Real Name]

But I only call them when I decide that the vehicle is not there with my blessing.

 

I also believe that there is no offence committed if there is no vehicle in the garage or on the drive-way to be blocked in ? So, how would it be determined if an offence were being committed if they can't see into the garage ?

My point was that, if there is an offence being committed (there will be others that post here with much more knowledge of the specifics of parking), the regulations would be completely blind as to who parked there, or whether it was causing you any inconvenience at that time, or whether you had alerted the CEO / PC to the infringement or not.

 

Imagine, if you will, that your own car was parked across the drive entrance, and a warden ticketed the vehicle - I doubt that there would be a defence that the driveway being covered was your own, as the road itself is a public highway. I may be wrong, and there may be specific nuances to any traffic orders in the area, but I'm sure someone more knowledgeable could clear up any confusion.

[lamma]

you can pak across your own dropped kerb. presence or absence of vehicle on drive or in garage make no difference.

[My Real Name]

you can park across your own dropped kerb. presence or absence of vehicle on drive or in garage make no difference.

I may be wrong

I am wrong then.

[p.s.]

Ultimately I could have a yellow line put accross, which would indeed stop anyone, including me, parking there (legally)

 

I guess what I'm looking for is what my position is when this happens again and the BiB say no offence is being committed... Perhaps in future I won't be so reasonable and just yes I need/want to drive my car NOW so get it shifted !!!!

 

(There is a usually unused disabled bay in front, suppose without damage I could move it into there with my trolley jack )

[lamma]

your yellow line would just be a meaningless daub of paint. talk to your council.

[p.s.]

The council suggested it, a proper yellow enforceable line they said ?

 

That said...still looking for any pointers for the current situation and the legal standing getting vehicles ticketed/removed.. ?

[green_and_mean]

I have always been under the impression in non DPE areas ie Police enforced it is only obstruction if it is blocking you in your drive, if you are out and return to find the drive blocked it is not obstruction. Not sure how true this is but the Police are unlikely to tow away just so you can park in your drive but will do so if you are blocked in.