Jump to content


Driveway parking


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4492 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hopefully someone will be able to point me in the correct direction. A neighbour in our street has a car permantly parked up his own makeshift drive this car isn't taxes etc so can't be moved. There was a major argument the other day as someone had parked slightly in front of it to be honest you still could get out of the drive but meant that the owner of the driverway couldn't get his car that he uses, not the one in his drive, in his "bit" as he put it. So if the car in the drive can't be moved what is the law with regards parking across driveway as it isn't in use does anyone know ? I know the police can ask you to move so someone can get in/out but as moving the car would break the law can't see how this would work ?!?

Link to post
Share on other sites

The term 'drive' is very misleading the only houses that have proper drives are mansions in the County.

 

If you park in your front garden its usually refered to as off street parking and should only be done if you have a 'drop kerb'.

 

The area between the carriageway and your property is called a crossover, it is Council highway and constitues a part of the footway and is not a permitted parking place it is ONLY to access your property which is why in London unless you have permission parking on it is prohibited.

 

The lowered part of the footway is called a drop kerb and unless you have one regularly driving into your property across a footway is an offence under the Highways act 1980.

 

If someone is parked alongside a drop kerb its a parking contravention regardless of whether its being used, unless its outside a domestic residence and the car driver has the permission of the householder to park. (Council enforced TMA 2004)

 

If someone is parking off street and has no drop kerb its down to the Council planning enforcement to act using Highways Act.

 

If someone is obstructing the Highway with an object caravan, trailer, skip etc Council again.

 

If its a Car you can try the Council but the only enforcement as far as I know can be done by the Police. The Police are VERY reluctant to get involved in parking issues in areas enforced by the Council though.

Link to post
Share on other sites

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

 

Quote:

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:

 

Quote:

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).

(:cool: 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.

 

"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. "

 

 

all of the above apply to a council maintained highway only though.

 

he has got dropped kerbs hasn't he, if not, he ain't got a leg to stand on

 

 

dx

Edited by dx100uk
added last bit

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

wish i could find the thread i got that from.

just got it as text from an old one by someone.

now cant find it.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...