Neighbour Parking 2nd car across his own drive

[Negotiator2607]

Hi Everyone,

 

I wondered if someone could please give me some advice which is accurate rather than 'hear say'. I live in England.

 

A few months ago a new neighbour moved into the house across from mine. They have 2 cars. The one belongs to his wife and is rarely used at the mo as they have a new baby. He, however parks their 2nd car across his own drive, effectively making it very hard to try and reverse my car out of my drive and making me have to try and create a 'swing' angle in which to reversed out past the front of his car or the back of his car. However, if he parks his car (mostly) across his drive, I am having to manouvre in and out several times in order to try and not hit any part of the side of his car.

 

A neighbour has already had issues with him parking halfway across his drive and halfway across mine which makes getting in and out hard for both of us. Finally, another neighbour informs me that his attitude is one of making a fire in his back yard during the afternoon even though she tried to shout from over her fence that her washing was hanging out to dry. He ignored her completely...

 

Can anyone please inform me if there are any 'laws' or legislature which will ensure that he isn't allowed to park his car directly across his own drive and thus giving me the freedom to manouvre in and out of my own drive?

 

Many thanks in advance.

 

I H

[djms]

Hi I sympathise with you. Neighbours who are not considerate to others are usually a pain to even approach about the issue. I don't know of any law that covers this. I think all you can do is try and mention it to him. Even if he ignores you at least he knows there is a problem and you have the satisfaction of having tried. Isn't there anywhere else he could park this car?

[Surfer01]

I am sure that it is an offence to park across a dropped kerb even if it is your own. Contact the relevant authority.

[Negotiator2607]

Hi I sympathise with you. Neighbours who are not considerate to others are usually a pain to even approach about the issue. I don't know of any law that covers this. I think all you can do is try and mention it to him. Even if he ignores you at least he knows there is a problem and you have the satisfaction of having tried. Isn't there anywhere else he could park this car?

 

Hi there,

 

He could park his car halfway across his and halfway across his neighbour's (they have no driveway or dropped kerb) allowing some 'swing'. But my gf and I are now getting fed up to our back teeth with his attitude and I'm becoming desperate for help, short of having to pay for solicitor's fees

[Negotiator2607]

I am sure that it is an offence to park across a dropped kerb even if it is your own. Contact the relevant authority.

 

Would the 'relevant authority' be my local Council?

[theuprightman]

Go buy a cheap knackered car from the scrap yard. Real old banger.

 

Park it so it makes it extremely difficult for him to manoeuvre from his drive without causing an obstruction to he highway.

 

Make sure it's sorn/ taxed / insured as required.

[lamma]

is it a shared driveway or are they unique to each single residence ?

(see the TMA)

[Negotiator2607]

is it a shared driveway or are they unique to each single residence ?

(see the TMA)

 

Hi,

 

It's unique to each single residence. Can you tell me what TMA means?

[djms]

Go buy a cheap knackered car from the scrap yard. Real old banger.

 

Park it so it makes it extremely difficult for him to manoeuvre from his drive without causing an obstruction to he highway.

 

Make sure it's sorn/ taxed / insured as required.

 

Extreme solution, that I would only try if everything else was exhausted. Bound to cause a neighbour dispute that you would have to declare on your house selling documents when you move, which might be the only solution. Declaring this would make a house sale difficult - catch 22. I would put up keep quiet, hope he moves, if not move myself. That's just me, others may deal with it in a better way

[citizenB]

With regard to the bonfire, you might want to have a look at your Local Authority Website and see if there are any byelaws. I agree, it is frustrating to have washing on the line when someone decides to light a bonfire !!

 

Most LAs have restrictions on times for lighting.

[BRIGADIER2JCS]

There is absolutely no reason why he cannot park across his own drive, as long as the car is taxed, insured and has an MOT.

 

I have seen this argument in very similar circumstances where a driver parked opposite a drive, no yellow lines or parking restrictions on the road, the owner of the drive complained to the police who sent a sergeant from the traffic division to look at the situation.

 

The officer first stated exactly what I have said above, then because the owner was jumping up and down demanding the driver should be 'hung, drawn and quartered for this the sergeant looked a the drive owners car, then measured various angles from end of drive way to 'offending' car, came back to the claimant and stated if you can't get that car out of the drive with a vehicle parked opposite 2 things are obvious 1. reverse your car into the drive, 2. if you can't do one or the other you should not be driving!!

 

Common sense!!

[dw190]

Your local Council should have something like this in their records:

 

 

Can I park on a highway?

 

 

 

In law no one has any right to park upon any highway in this

country. All Parking is an obstruction of the basic right of anyone to Pass and

Repass without let or hindrance.

 

Parking on any part of the highway – including a verge or a

footway is an obstruction of that highway under Section 137 of the Highways Act

1980.

 

If the parking occurs on a privately maintainable highway

then the owner of the land over which that highway runs has the right in Civil

law to prosecute the driver for trespass.

 

Parking on a verge or footway may cause damage to that verge

or footway. If this occurs it is the driver of the vehicle that is responsible

for the consequences not the owner of that vehicle or the person that the driver

is visiting. Parking on a verge or footway is not a specific offence in law so

recovery of costs incurred in repairing the damage is a Civil matter through

prosecution in the Courts of the person causing the damage.

 

If the carriageway adjacent to a verge or footway is covered

by a waiting restriction then that restriction applies to the full width of the

verge or footway (unless the relevant Order says otherwise). Vehicles parked

upon that verge or footway are committing the same offence as if parked on the

carriageway.

[lamma]

Hi,

 

It's unique to each single residence. Can you tell me what TMA means?

http://www.legislation.gov.uk/ukpga/2004/18/section/86

[BRIGADIER2JCS]

The whole point here is IF the OP can drive their car into their drive, conversely they can take the same course in

reverse, to get out, basic driving skill.

[Jamberson]

You and your next door neighbour can request double yellow lines be painted by the council, across the ends of your own drives. He will not be able to park on the road there again (neither will you).

 

So far as his side is concerned, your description sounds like the available road is very narrow when his car is there. Could an ambulance get through? Or a bus? Or a fire engine? If not - raise the matter with the council - maybe you need yellow lines down all the road. (Think about the consequences though.) If a large vehicle can get through while he's parked there, then you'll just have to tolerate it. You can't tell other people where to park, inconvenient though it might be,

[BRIGADIER2JCS]

I don't think you can 'request' any such thing and order would need to made very unlikely for such a petty reason.

As said if the OP can drive in to their drive then reversing out should be no problem.

[green_and_mean]

I don't know what would be worse living where the OP lives or living opposite!

[BRIGADIER2JCS]

I don't know what would be worse living where the OP lives or living opposite!

rather petty isn't it:-D

[Jamberson]

I don't think you can 'request' any such thing and order would need to made very unlikely for such a petty reason.

As said if the OP can drive in to their drive then reversing out should be no problem.

 

Yes you can request it.

 

And I disagree that if you can drive in then reversing out is no problem. You don't take into account how difficult it is to get in in the first place! It might be extremely tight to get in, and so it will be extremely tight to get out.

[BRIGADIER2JCS]

Having to manoeuvre a vehicle a few times should not be a problem for a competent driver, and to suggest a local authority would even consider placing a parking restriction because of two squabbling neighbours is to say the least naïve.

[Jamberson]

Having to manoeuvre a vehicle a few times should not be a problem for a competent driver, and to suggest a local authority would even consider placing a parking restriction because of two squabbling neighbours is to say the least naïve.

 

It isn't naiive. I used to work in the council and we used to action requests of this sort. Why do you correct people when you clearly don't know anything about it?

[BRIGADIER2JCS]

At a guess 99.999% failed !!

[green_and_mean]

Councils charge for just putting a 'H' white bar on a dropped kerb as an advisory measure its unlikely they would go to all the trouble of creating a traffic order, carrying out a consultation, and painting lines just to end a neighbourhood dispute. Any public request for a waiting restriction would have to be on road safety grounds not just to stop people parking outside your house.

[BRIGADIER2JCS]

Councils charge for just putting a 'H' white bar on a dropped kerb as an advisory measure its unlikely they would go to all the trouble of creating a traffic order, carrying out a consultation, and painting lines just to end a neighbourhood dispute. Any public request for a waiting restriction would have to be on road safety grounds not just to stop people parking outside your house.

Quite true, my local council charges anything up to £250 for a single H bar and £400 for a double.

In the village 'a traffic order' was declined'

in streets close to the school to prevent parking across and close to junctions on grounds of safety, purely seen as unnecessary and too expensive.

 

So a TO for squabbling neighbours is a fantasy, unless of course one is a local councilor:madgrin:

[Jamberson]

Quite true, my local council charges £400 for a double.

 

So you can request one then.

 

Narrow road, problems getting out of a drive, poor visibility caused by inconsiderate parking. You can ask the council - not to settle a dispute, but on safety grounds.