Blocking my Driveway - Help please

[Austaz]

newbie here so apologies if I have posted in the wrong place.

 

I have recently paid for a dropped kerb to be put in so that I can acess my off road parking in the front of my house. I currently share a drive way with my neighbour so I have extended my side so now I have shared bit which I have to use to acess garage and new bit to access off road parking at front of house.

I had to apply for a licence from local council , this was granted but I had to pay for it myself, which of course I have done.

Does anybody know what my legal rights are in stopping people parking across these and in so doing stopping me from entering and leaving my property.

I have looked at the Traffic Management Act 2004 ( I think that is what its called) but I cannot understand it.

I am having no end of problems with my neighbours visitors who just abanden their cars where ever they please. My neighbour has spoken to all her visitors but to no avail. When I tried to speak to them I was subject to a load of abuse and told that there is nothing I can do and that they can park where they want as its a Public Highway. Is this true.

I have been told that the law changed recently so that it is illegal to block a driveway but I cannot find anything to prove it.

thank you

[lamma]

is this in London ?

[Austaz]

hi lamma

no its east midlands

[lamma]

is it in an SEA ? (Special Enforcement Area). Ask council if you don't know.

 

a few gotchas in dropped kerb enforcement outside london

[Austaz]

I dont think it is. Just a normal residential road.

All houses have shared or extended driveways. I will email council but wont hold my breath for a reply.

[lamma]

SEAs are normally huge. see what council says.

[Guest wino]

I only saw a bit of a programe the other morning with that bloke in it Dom something. He was saying that there is NO law to stop anyone parking across a dropped kerb unless you have a vehicle parked in your drive then they cannot park there as it is blocking your access to the highway. But apparently it is ok to block your access back onto your driveway.

 

What a load of codswallop!

[rory32]

The Highway Code section 243 forbids a motorist to park in front of the entrance to a property:

 

243

 

DO NOT stop or park

 

• near a school entrance
  
• anywhere you would prevent access for Emergency Services
  
• at or near a bus or tram stop or taxi rank
  
• on the approach to a level crossing/tramway crossing
  
• opposite or within 10 metres (32 feet) of a junction, except in an authorised parking space
  
• near the brow of a hill or hump bridge
  
• opposite a traffic island or (if this would cause an obstruction) another parked vehicle
  
• where you would force other traffic to enter a tram lane
  
• where the kerb has been lowered to help wheelchair users and powered mobility vehicles
  
• in front of an entrance to a property
  
• on a bend
  
• where you would obstruct cyclists’ use of cycle facilities except when forced to do so by stationary traffic
  

 

And from the Traffic Management Act 2004 Part 6:

 

86 Prohibition of parking at dropped footways etc.

 

(1) In a special enforcement area a vehicle must not be parked on the carriageway adjacent to a footway, cycle track or verge where—

(a) the footway, cycle track or verge has been lowered to meet the level of the carriageway for the purpose of—

(i) assisting pedestrians crossing the carriageway,

(ii) assisting cyclists entering or leaving the carriageway, or

(iii) assisting vehicles entering or leaving the carriageway across the footway, cycle track or verge; or

(b) the carriageway has, for a purpose within paragraph (a)(i) to (iii), been raised to meet the level of the footway, cycle track or verge.

This is subject to the following exceptions.

(2) The first exception is where the vehicle is parked wholly within a designated parking place or any other part of the carriageway where parking is specifically authorised.

A “designated parking place” means a parking place designated by order under section 6, 9, 32(1)(b) or 45 of the Road Traffic Regulation Act 1984 (c. 27).

(3) The second exception is where the vehicle is parked outside residential premises by or with the consent (but not consent given for reward) of the occupier of the premises.

This exception does not apply in the case of a shared driveway.

(4) The third exception is where the vehicle is being used for fire brigade, ambulance or police purposes.

(5) The fourth exception is where—

(a) the vehicle is being used for the purposes of delivering goods to, or collecting goods from, any premises, or is being loaded from or unloaded to any premises,

(b) the delivery, collection, loading or unloading cannot reasonably be carried out in relation to those premises without the vehicle being parked as mentioned in subsection (1), and

© the vehicle is so parked for no longer than is necessary and for no more than 20 minutes.

(6) The fifth exception is where—

(a) the vehicle is being used in connection with any of the following—

(i) undertaking any building operation, demolition or excavation,

(ii) the collection of waste by a local authority,

(iii) removing an obstruction to traffic,

(iv) undertaking works in relation to a road, a traffic sign or road lighting, or

(v) undertaking works in relation to a sewer or water main or in relation to the supply of gas, electricity, water or communications services,

(b) it cannot be so used without being parked as mentioned in subsection (1), and

© it is so parked for no longer than is necessary.

(7) In this section “carriageway”, “cycle track” and “footway” have the meanings given by section 329(1) of the Highways Act 1980 (c. 66).

(8) References in this section to parking include waiting, but do not include stopping where—

(a) the driver is prevented from proceeding by circumstances beyond his control or it is necessary for him to stop to avoid an accident, or

(b) the vehicle is stopped, for no longer than is necessary, for the purpose of allowing people to board or alight from it.

(9) The prohibition in this section is enforceable as if imposed—

(a) in Greater London, by an order under section 6 of the Road Traffic Regulation Act 1984 (c. 27),

(b) elsewhere in England and Wales, by an order under section 1 of that Act.

[raydetinu]

You will therefore be able phone the police to remove the offending vehicle, but dont hold your breath for a quick response.

[lamma]

Highway code is not the law, do not be under any illusions about that.

SEA being explored by the OP. if you are in the drive and blocked in by someone you may get the police interested - maybe.

[raydetinu]

Maybe not, but it explains the law. try telling the police that when they pull you over for breaking the highway code!

[rory32]

Highway code is not the law

No one said it was. It is however based on the various statutes that comprise the law on driving, parking, etc.

 

By parking in front of the entrance to a property you are obstructing the entrance. Obstruction is an offence under the law for which you can be prosecuted.

[lamma]

parking anywhere (that is not a permitted parking space) is technically an obstruction. Doesn't need a driveway at all. Highway code mis-states a few things - yellow box junctions last time I looked.

[Austaz]

rory32 -thank you very much for the post -

lamma - i have emailed the council and will post again if/when i geta response.

once again thanks a lot.

[Guest wino]

I always thought you couldn't park across someones driveway or directly across from it. If not the law then at least good manners!

 

I was talking to a neighbour yesterday about this and he said that last year he was having trouble with a neighbour noise etc. He complained to them and so to annoy him more they parked a car right across the enterance to his driveway. He called the Police who told him they had no power to move the car as it was parked on a public highway and was legal tax etc.

[pin1onu]

AIUI If you are obstructing someone from accessing the public highway (i.e. you can't get your car off the drive) then that is an offense. If you drive out and find you can't back in then you are powerless.

 

I have a colleague who managed to get someone towed (by the plod) because they were obstructing his driveway when he wanted to get out. He left and came back only to find some other muppet had parked across his driveway and he had to park on the street because he had access to the highway.

[Austaz]

hi lamma and rory32, here is the response I have received from my County council highways regualtions department.

 

"The dropped kerb area is still public highway, and as such the public have a right to pass and repass (basically you should not be parking on the crossover) but you have the right to cross from the carriageway to your property via the legally constructed access.

It is against the law to block a legally constructed dropped kerb access to a property.

The Police have power of enforcement, and you are within your rights to call the Police if someone has parked in such a way as to prevent you access or egress (the right of a person to leave a property in property law ) at your property. The Police have the power to request the vehicle be removed, or to remove the vehicle.

The only time you would not have support of enforcement is if you were crossing the public highway illegally (bumping the kerb, driving over verge, driving over footway) to gain access to your property. If this were the case and someone parked where you illegally cross, then the Police could not be involved because you would be the one acting unlawfully, not the person parking outside the property. "

So... whilst the public have a right to walk over the dropped kerb bit that forms part of the pavement, (which is what you would expect) it is illegal to block my access and exit ( as I have a legally constructed dropped kerb under licence) So whilst I hope it will not be necessary to involve the police at least I know that I can! and I havent wasted all that money by having the dropped kerb put in.

Thank you all for your help.

[rory32]

Well done

 

Glad you got the right response.

[letshelp]

Cops towed a car that was blocking my drive without problem, Seems it depends on how busy they are.

regards

[tifo]

i'm having this problem, visitors to my neighbour's property constantly block my driveway deliverately and ignore any written notices etc. Sometimes i cannot get out and sometimes into my property. I'm in the middle of a dispute with my neighbour and he's doing this to annoy me.

 

What can i do?

[pin1onu]

i'm having this problem, visitors to my neighbour's property constantly block my driveway deliverately and ignore any written notices etc. Sometimes i cannot get out and sometimes into my property. I'm in the middle of a dispute with my neighbour and he's doing this to annoy me.

 

What can i do?

Contact the old bill. I think if a few of his visitors get towed away and have to pay release charges they might change their behavior.

[lamma]

If you are blocked in then you can call the police - which may just make the neighbour worse but thats your call. If your drive is blocked and you can't get into it the police option does not apply and you will have to park elsewhere.

[letshelp]

Call the cops, see my previous post.

regards

[letshelp]

If your drive is blocked and you can't get into it the police option does not apply and you will have to park elsewhere.

Hi Lamma,

Can you explain the reasoning behind your statement?

regards

[lamma]

being blocked in is obstructing you from going about your own lawful business.