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cullpacket
07-Feb-10, 15:22
Just a general thought, if your neighour decides to put a drive at the side of the house, do they own the access to the public road or can I park in front of it ??

ducati
07-Feb-10, 15:26
Just a general thought, if your neighour decides to put a drive at the side of the house, do they own the access to the public road or can I park in front of it ??

Doesn't sound very convienient for either of you if you park across their drive. And common sense would dictate that you didn't. So I assume there is an issue? More details please

cullpacket
07-Feb-10, 15:37
Not so much as an issue as I described as a lot of people have two cars so what do you do in this circumstance how far would you go to park your car for their convenience

EDDIE
07-Feb-10, 15:40
Just a general thought, if your neighour decides to put a drive at the side of the house, do they own the access to the public road or can I park in front of it ??

if u mean u can park in front of there drive were the kerb drops down no u cant its illegal to block someones drive

cullpacket
07-Feb-10, 15:48
What is the legal side of it can I park temporary as we all pay road tax? You never answered my last question obviously you have a drive and I don't

annemarie482
07-Feb-10, 15:52
as always there's two sides to it. there are a family in my mum and dads street who have 3 cars, a lorry and no drive.... does that make it fair they take up half the street to park?

Venture
07-Feb-10, 15:57
What is the legal side of it can I park temporary as we all pay road tax? You never answered my last question obviously you have a drive and I don't

Why would you want to deliberately obstruct someone's drive? That's just asking for trouble. Is there no other room in the street, like outside your door for example?

cullpacket
07-Feb-10, 16:10
[quote=Venture;656402]Why would you want to deliberately obstruct someone's drive? That's just asking for trouble. Is there no other room in the street, like outside your door for example?[/quote
Can you look at the first post and reply accordinigly eg. My friend came round visit at night and parked the car in the last spot

Venture
07-Feb-10, 16:21
[quote=Venture;656402]Why would you want to deliberately obstruct someone's drive? That's just asking for trouble. Is there no other room in the street, like outside your door for example?[/quote
Can you look at the first post and reply accordinigly eg. My friend came round visit at night and parked the car in the last spot

There are no circumstances mentioned in your first post as to why you were unable to park your car at your door. You didn't mention that your friend had taken the last spot. Am I right? In answer to your question again, your neighbour has the right of access you don't have the right to park there. In this particular type of situation perhaps it's the neighbour you should be talking to or you could always check out your rights with the police or local authority.

Vistravi
07-Feb-10, 16:59
if u mean u can park in front of there drive were the kerb drops down no u cant its illegal to block someones drive


What is the legal side of it can I park temporary as we all pay road tax? You never answered my last question obviously you have a drive and I don't

EDDIE is right.
As you live there you can not block your neighbours drive. Your friend can also be asked to move there car. So in general it is not a good idea for your friend to park their car in a way that will block your neighbours drive unless there is absoultely no choice. Given that your friend could park in the next street or down the road a bit then there is no excuse to be blocking your neighbours drive.

cullpacket
07-Feb-10, 17:31
Thanks for your replies very helpful as for Venture nothing was deliberate not going to lower myself to your standards. Find it a bit strange if build a driveway I own the road outside it for free ??

Venture
07-Feb-10, 17:33
Thanks for your replies very helpful as for Venture nothing was deliberate not going to lower myself to your standards. Find it a bit strange if build a driveway I own the road outside it for free ??

Can you explain what you mean by that?

Mrs Bucket
07-Feb-10, 17:33
EDDIE is right.
As you live there you can not block your neighbours drive. Your friend can also be asked to move there car. So in general it is not a good idea for your friend to park their car in a way that will block your neighbours drive unless there is absoultely no choice. Given that your friend could park in the next street or down the road a bit then there is no excuse to be blocking your neighbours drive.
As I understand it nobody has the right to park at their door on a public road but it is ilegal to block a driveway.

Boozeburglar
07-Feb-10, 17:33
Regardless of the legalities, it is common sense not to block someone's drive.

It is not a 'spot' as it is the entrance to a property, the Highway Code is clear.

annemarie482
07-Feb-10, 17:44
look, you obvoiusly feel hard done by and should speak to your neighbor.
it would read that your neighbour has had the same problem getting a spot outside their house so he/she has done something about it by putting in a drive.
common courtesy along with the high way code would say just park somewhere else.
i'm afraid no one is going to agree with you here on blocking the drive although we can sympathize its frustrating not getting parked yourself, many folk are in the same predicament but manage.

ducati
07-Feb-10, 17:49
Thanks for your replies very helpful as for Venture nothing was deliberate not going to lower myself to your standards. Find it a bit strange if build a driveway I own the road outside it for free ??

Just to answer this bit. My dad built a drive where there wasn't one. He had to get planning permission and pay the council to lower the kerb. £700 quite a few years ago. Part of the planning was to ask all the neighbours if they objected and get a right of access. So a good question is: did your neighbour get planning consent?

cullpacket
07-Feb-10, 17:50
As I understand it nobody has the right to park at their door on a public road but it is ilegal to block a driveway.
That was answer I was looking for, I was just interested what the craic was regarding driveway, It is not often we get something for nothing you build a drive and get 8 feet oh road. you would think that would be tax free as the public can't park there? who owns that bit oh road the occupier so should he maintain it? If everyone had a driveway should we pay less road tax?

Boozeburglar
07-Feb-10, 17:50
Find it a bit strange if build a driveway I own the road outside it for free ??

Maybe think it through? Refer to the Highway Code?

If we discourage people, (often multiple vehicle households), to use their own off road parking, then we will have many more cars parked on the road. That is common sense.

What if I have to park my van, car, bikes all out on the road lest someone block me in? (There are no road markings outside my place.)

In London, our road is all residents parkings save a few meters at the end, and when it is busy we all park wherever we can get in, but even there we all observe the etiquette of trying to leave our car in front of our own houses.

Like I say, it is clear that you are NOT allowed to park in a way that would block the access to someone's home.

Your friend is in the wrong, and hopefully they will know that for next time.

I don't see the problem you had with Venture's post.

:)

unicorn
07-Feb-10, 17:53
I would say the same as others you cannot obstruct their exit.
I would also think that as you all have to live in the same street it is worth keeping things friendly with your neighbours as life is tough enough without falling out over a parking space. These things have an awful way of escalating and living in a street with unfriendliness is not a lot of fun.

Boozeburglar
07-Feb-10, 17:56
It is normal that building a drive actually frees up on road parking.

Cars are usually at least 12 foot plus no? So a ten foot drive access is actually freeing up space, even if the owner only has one car.


My van is twenty foot, my car is sixteen. Disregarding bikes, I am using less than 12 foot of kerb for my access.

Simple is it not?

cullpacket
07-Feb-10, 18:02
[quote=Boozeburglar;656465]Maybe think it through? Refer to the Highway Code?

If we discourage people, (often multiple vehicle households), to use their own off road parking, then we will have many more cars parked on the road. That is common sense.

What if I have to park my van, car, bikes all out on the road lest someone block me in? (There are no road markings outside my place.)

In London, our road is all residents parkings save a few meters at the end, and when it is busy we all park wherever we can get in, but even there we all observe the etiquette of trying to leave our car in front of our own houses.
If you look a the first post nothing was delberate he was a bit rude in his reply I am intersted in in's and out's not an argument.

EDDIE
07-Feb-10, 18:15
That was answer I was looking for, I was just interested what the craic was regarding driveway, It is not often we get something for nothing you build a drive and get 8 feet oh road. you would think that would be tax free as the public can't park there? who owns that bit oh road the occupier so should he maintain it? If everyone had a driveway should we pay less road tax?

You have to remember that the person who has the driveway has already got planning permission from the council and that 8ft of road is owned by the public but were the kerb dipps for about 8ft to allow car into the drive that part is now an access point that must remain clear at all times.
I wouldnt park in front of there drive if i was you it would be like giving a bull a red rag not a good idea
What is the real problem here?

cullpacket
07-Feb-10, 18:16
For all you people looking at this post my friend parked in front of my neighbours drive last night had a few drams left car as you do, This morning neighbour asked for the the car to be removed my better half drove to her house got keys and moved car simple never got upset,
I was just interested what the craic was all
The usuall reply by the 1000+ Orgers Nonsense

annemarie482
07-Feb-10, 18:18
if that was said to start with there would have been no confusion.

suzyq
07-Feb-10, 18:19
Highway Code 243

DO NOT stop or park


.....
in front of an entrance to a property
The following may be applied when enforcing this -
1) Section 137 Highways Act 1980 - wilful obstruction of the highway
2) Regulation 103 Road Vehicles (Construction and Use) Regulations 1986 - causing or permitting a vehicle to stand on a road so as to cause an unnecessary obstruction.

Apart from this it is good old-fashioned courtesy and consideration not to block a driveway.

There are circumstances when a vehicle may stop in front of a driveway such as passengers getting in and out, loading and unloading, etc. if, and only if, there is nowhere else suitable to park.


Parking on any public road, unless local bye-laws apply, is by tacit agreement only.
The road is for the 'free' passage of vehicles so stopping or parking anywhere on a road is technically illegal unless local bye-laws apply. - It's one of those things that has never been 'tidied up' legally as it allows emergency and public maintenance vehicles the power to get parked vehicles moved when necessary.

northener
07-Feb-10, 18:24
Highway Code (Page 82) Rule 243:


"Do NOT stop or park....in front of an entrance to a property..."

There is no direct reference to which part of the Road Traffic Act (or any other Act) that this refers to, but it is quite clear in it's wording.


Regarding planning permission and dropped kerbs:

The local authority will need to satisfy themselves that providing access to a property (dropped kerb) will not cause a hazrd or an inconvenience to other people. It may be, for example, that the proposed driveway is on a blind bend - thus making it dangerous for cars to exit onto the road at that point. That's why you need permission to do it.

When permission for access is approved, you do not 'own' anything. The Public Highway is exactly that - the Public Highway. You merely have permission to enter and exit your property at that point. The same goes for parking outside your house, it is a courtesy - not a right, you don't own that bit of tarmac.

Anyone parking and blocking a legitimate driveway is contravening Rule 243 of the HC, although this is not a law in itself, it could be used by the Authorities to prove a charge of causing an obstruction (IIRC).

Also, a punch in the head could prove painful.:Razz

(Edit: SuzyQ has it nailed with the relevant Acts.)

Boozeburglar
07-Feb-10, 18:26
Just who was confused here?

Your friend who did not realise it was a driveway?