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By (user no longer on site)
over a year ago
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parking in front of someones drive the law on this is a little cloudy, here is 2 diff answers i have found
At the moment it is only an offence to block a vehicle from leaving a property not from entering it. If your car were in your driveway and you needed to get to work the offending vehicle can be removed.
The police used to deal with these as obstruction. But this is now covered by The Traffic Management Act 2004 which made it illegal to park next to a dropped kerb.
Exceptions are:
* When you're in a parking space
* When you're parked outside residential premises with the consent of the occupier of the premises -- as long as you're not paying for parking.
* When loading or unloading for 20 minutes or less.
* When undertaking works such as gas and water, or road works.
* When it's an armed forces vehicle -- so a parking a tank across your neighbour's driveway is OK
Double parking is also now illegal -- you've got to be within 50 cm of the kerb. Exceptions are as above, although the law does allow you to stop to allow people in and out of the car.
Fixed penalties could be up to £80 for the offence.
Highway code section 243 (abridged)
DO NOT stop or park
* in front of an entrance to a property
The rules that state DO NOT are not enforceable by law which is why the old obstruction law, and now the traffic management act 2004 come into play.
HOWEVER...
The law is supposed to be changing in the near future.
When it UK Parking Laws – Neighbours Parking on my Drive
16:37 Mon 24th May 2010 The AnswerBank
UK Parking Laws – Neighbours Parking on my Drive
Nuisance Parking
Ever had a neighbour park in front of your drive? It can be a pain when you need to leave the house urgently and repeat incidents can create a lot of friction between you and your neighbour.
Many arguments arise from a lack of ‘parking etiquette’ on the street where you live, but parking etiquette and law are two separate things, so understanding your rights will help you resolve a situation without any bloodshed.
Where do I stand when it comes to neighbours parking in front of my drive?
The law here is quite ‘cloudy’ and can lead to a lot of confusion for motorists and homeowners. Essentially, it is common courtesy to not park in front of someone’s driveway – but, most importantly, it is not illegal.
This is where the battle of etiquette and law comes into full _iew - the Highway Code, paragraph 207, asks that people ‘do not’ park their vehicle where it might cause an obstruction to other pedestrians or road users and cites the example of not parking in front of another person’s driveway. It does not legally state that a person ‘must not’ park in front of another driveway. Therefore, whilst mutual respect between road users tends to dictate a policy of not doing this so as to avoid unnecessary conflict, it’s not backed up by law so if you experience problems with this and your neighbour digs their heels in and refuses to co-operate, all you can then do, if you need guaranteed access and exit, is to park your car elsewhere and not on your driveway.
It really comes down to a matter of common decency. By speaking calmly and politely with your neighbours you can try to resolve the issue without any tempers fraying. Just remember, however, that unless they are breaking the law, people are entitled to park anywhere they want to on a public highway providing they aren’t in breach of the Highway Code. If they are, then you can report that matter to the police if further action needs to be taken.
Motorists parking their cars are not the only ones who must obey the law and regulations. Councils can only make parking regulations (known as “Traffic Regulation Orders” or “Traffic Management Orders”) and enforce parking contraventions in accordance with the law. For example, councils must comply with regulations that say how parking controls are signed.
Under the decriminalised scheme brought in by the Road Traffic Act 1991, when a vehicle is, for example, parked on a yellow line during controlled hours, it is said to be parked ‘in contravention of the regulations’. Thus there are no offences, merely contraventions.
Back to articles listdoes it will be an offence to park across any dropped kerb even your own. You could get a ticket for parking across your own drive, with your own car. The law will not differentiate.
and the 2 answer
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