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Is it illegal to block someone's drive?

(23 Posts)
earthpixie Fri 08-Jun-12 15:14:27

Having a few problems with a neighbour about this. She seems to think that her guests can park across our drive and got shirty with my DH yesterday when he complained. I was under the impression that you can't block someone's drive.

OddBoots Fri 08-Jun-12 15:16:40

I think it's illegal if doing so blocks someone from entering the highway but not if the drive is empty, but someone who knows better than me will be along soon.

ClaireBunting Fri 08-Jun-12 15:17:21

I don't think it would be important to the police if the drive were empty, but they would take action if they were actually blocking you in.

CheeseandPickledOnion Fri 08-Jun-12 15:18:09

Do you have a dropped kerb? If so I believe it's illegal and covered by the The Traffic Management Act 2004 which made it illegal to park next to a dropped kerb.

earthpixie Fri 08-Jun-12 15:19:38

She was blocking DH in. She seems to be under the impression that she can use the road infront of our drive when necessary. She actually told DH that if he didn't like it, "move"!

Sneezecakesmama Fri 08-Jun-12 15:20:40

Not really sure legality wise. Civil or criminal???

I think it is right to say that you have to have a dropped pavement for your 'driveway' to be officially recognised as a driveway.

earthpixie Fri 08-Jun-12 15:20:48

Yes, dropped kerb. It is very obviously the entry and exit point to our drive.

CarpeJugulum Fri 08-Jun-12 15:23:38

IIRC it is illegal to prevent entry to the public highway over a dropped kerb, but not to block you entering your drive.

But no doubt someone with better knowledge will be along to confirm or deny this!

I called police before about it. By the time they answered the phone they were gone but said would have sent someone if i wanted.

OddBoots Fri 08-Jun-12 15:35:14

It looks like the Traffic Management Act 2004 means they can't park there, regardless of the drive being in use or not.

link to section 86

"(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..."

BlingLoving Fri 08-Jun-12 15:44:10

I can't understand why anyone would think this is legal. Blocking your entry to your property is totally unacceptable.

I would ring council and get them to put white lines outside your drive.

ClaireBunting Fri 08-Jun-12 16:11:50

I think there is a disconnect between the letter of the law and what the police will action.

I know on my street, where we have major parking problems due to free parking in a town centre, the police have made it clear (to our Neighbourhood Watch Group) that they will not take any action against motorists who impede empty driveways. They will contact motorists who are blocking cars in and give them a day to remove their vehicles before towing.

JobCarHouseNoBaby Fri 08-Jun-12 16:22:01

According to my council's website (Southampton):

^The Highway Code (paragraph) 217 instructs drivers not to park their vehicle or trailer on the road where it would endanger, inconvenience or obstruct pedestrians or road users, an example being

“In front of an entrance to a property”.

Vehicles obstructing driveways

Where vehicles are preventing access to or from a driveway, the Police have the capability to identify the vehicle owner and request the vehicle is moved. They can be contacted on their non emergency number of 0845 045 45 45.

It is planned in the near future for the Council’s Enforcement officers to be able to issue penalty charge notices for vehicles obstructing driveways, under new powers granted in June 2009.^

I would phone your council and ask for white lines to be painted in front of your driveway.

I also live in a road where neighbours are bonkers about parking. It's infuriating and if we'd have known the issues before buying we would have thought twice.

ClaireBunting Fri 08-Jun-12 16:26:30

The problem with letting enforcement officers in on the act is that you would not then be able to block your own drive with your own vehicle or let your visitors park across it.

However you try to solve residential parking problems, you make it harder for yourself too.

SharonGless Fri 08-Jun-12 16:30:46

As a police officer am slightly shocked that your local police force won't action this, ClairBunting

Yes it is an offence - if it is a regular occurrence I would ask to speak to your neighbourhood beat officer so that they can explain to your neighbour that it is in fact an the trouble is that parking disputes between neighbors can often escalate so it Ime it is better to nip these things in the bud

ClaireBunting Fri 08-Jun-12 16:32:15

I guess they have more pressing things to deal with.

SharonGless Fri 08-Jun-12 16:36:38

Hey I totally get that. Like I say, better to sort these things out early on rather than let them fester!

ClaireBunting Fri 08-Jun-12 16:43:58

In our street, we don't have too much of a problem with neighbours parking in front of driveways. It is more a problem of town centre users parking right up to the edge of driveways making it difficult for owners to manoeuvre out.

Personally, I think that the council have been wrong to allow people driveways and to drop kerbs where they weren't there originally.

Paved front gardens are unsightly and cause lots of surface water problems. They also take away a public parking space 24/7, even when the householder is out at work for 9 hours a day.

RedHelenB Fri 08-Jun-12 17:35:37

Park in front of their drive????

earthpixie Sun 10-Jun-12 11:18:58

Can't - she parks in front of her drive (she won't use her drive because it's sloped hmm), hence there's limited space for her guests on the road.

Collaborate Sun 10-Jun-12 15:13:30

If any of her guests block your drive, park so close to their car that they have to ask you to move it when they want to leave?

RedHelenB Sun 10-Jun-12 18:08:51

I would be SOOO tempted top get an old rustheap & park it in front of her drive when she was put in her car.

alemci Sun 10-Jun-12 18:15:45

no it is wrong of her. I always thought you couldn't do this. I sometimes visit a friend and parking is difficult and I may slightly overhang her neighbours drive (once). I knocked on the door and asked if it was ok and he said fine. He knew where i was. If her friend is going to park there, she could have the decency to ask if it was ok or let her friend park on her drive.

I would want to slap her if she said that to me about you moving. what a cheek. she is bang out of order. she doesn't seem to have a clue about getting on with people. How selfish of her. what if your DH had to take you or his dc to hospital for example

sorry I am getting carried away but why can't people do the right thing and not impinge on others.

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