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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Who is BU? A parking one

77 replies

WhenIWasAYoungWarthog · 19/09/2018 21:41

I’m currently having issues with neighbours blocking me in my drive. House number 2 has recently had their front garden turned into a drive with a dropped curb. The road is a cul-de-sac and the 3 houses have a garage at the end of the road (pink on the diagram but I only drew 2 rather than 3). House 2 owns a window cleaning business so they wanted a drive so they could fill up their vans with water easily from their house. However, they have 2 vans and insist on parking the second one in front of their dropped curb. The yellow bit is the gate into my drive. It’s a big stone wall either side of the gate so no chance of coming out at an angle.

It’s a narrow road and a struggle to get 2 cars past each other at the best of times. Neighbour claims he’s allowed to park there as the council wouldn’t have approved a dropped curb if there wasn’t room to park in front of it. No idea if this is true and googling it doesn’t really give me much! He’s getting really stroppy every time I ask him to move and has suggested I park in his garage. But I want to use my drive! He’s making out that I’m just being pathetic and the only reason I can’t get out is because I’m a bad driver and it’s my own fault for insisting on having a massive car (a Prius so hardly a massive Range Rover or something).

My house is a lot older than the 3 on the other side and he’s arguing because I don’t have written proof that my drive is legal then he’s doing me a massive favour by letting me out of my own drive.

Aibu? If not, is there any regulations anywhere that I can quote at him? I keep telling him it’s illegal to block someone onto their drive but he just keeps saying that I don’t have a real drive as I haven’t applied for a dropped curb from the council. My house is 300 years old. As far as I can tell the gates to my drive have always been the entrance way. I’m not sure you had to apply for approval in the 1700’s.

Who is BU? A parking one
OP posts:
Wheresthel1ght · 19/09/2018 22:52

Do you have a dropped curb for your driveway? If not then technically the law is on his side I am afraid. If you do then he is a twat and you need to find the right bit of the highway code regarding causing an obstruction

Lazypuppy · 19/09/2018 22:54

No dropped curb means its not a driveway.

NoFucksImAQueen · 19/09/2018 22:59

he's right I'm afraid. without dropped curb your drive isn't a drive and people could park across it and there's nothing you could do. why not apply for a dropped curb?

MrsStrowman · 19/09/2018 23:01

If you don't have a dropped curb it's not legally a drive, take him up on his generous offer for you to use his garage

Wolfiefan · 19/09/2018 23:03

You don’t have a dropped kerb? Then you have a paved garden and not a drive. You shouldn’t be parking there.

Happygummibear · 19/09/2018 23:04

Fyi where I am to get a dropped curb you have to pay around 1k. It costs alot as there may be electrical wires or water/sewage pipes under the road which need to be taken into account. It's not a simple job of replacing curb stones with flat ones. However your council costings may be different.

As others said... if you haven't got a drop curb he is in the right

underneaththeash · 19/09/2018 23:06

Send him this, you do have right of way

[https://www.gov.uk/government/publications/easements-claimed-by-prescription/practice-guide-52-easements-claimed-by-prescription]

superram · 19/09/2018 23:07

In 1700 there probably wasn’t any pavement so am assuming the op does have an actual drive (think entrance to country estate) rather than a paved front garden. However, as he is Parking legally I don’t think there is anything you can do.

Berthatydfil · 19/09/2018 23:10

If he is filling his window vans from his house water supply then he is breaking the domestic water supply regulations. He should have a business supply meter not a domestic supply.
Tell him to let you get off your drive and you won’t report him.

butlerswharf · 19/09/2018 23:12

If you're driving across the pavement onto your property without having a dropped curb you're breaking the law. So yes YABU.

butlerswharf · 19/09/2018 23:14

And sorry, but the above quoted right is not relevant to what you're doing.

Friendofsadgirl · 19/09/2018 23:16

Is he parking legally though? I thought it was illegal to park in front of a dropped kerb. Does the law make a distinction if it's his own dropped kerb?
@WhenIWasAYoungWarthog, I read this online wrt not being able to use your own driveway:
One option that’s available is to pursue a legal claim for nuisance on the grounds that the driver is interfering with your use and enjoyment of your property from this website

butlerswharf · 19/09/2018 23:17

The OP has no right to access her property by car though. She only does if she has a dropped curb.

Original poster
WhenIWasAYoungWarthog · 20/09/2018 08:05

Sorry, I wasn’t clear. There’s no pavement on my side of the road so no dropped curb as such. The wall is the boundary to my property, then a gap in the wall where my gate is. So, when I open the gate my drive is already at road level, there’s nothing to drop. It’s the only way to access my property, there’s a wall around my whole garden and the gate is the only access point.

OP posts:
ShatnersWig · 20/09/2018 08:28

The OP has perfect right to access her property if there is no pavement. So he's talking out of his arse. You can't be done for not having a dropped curb if there is no curb in the first place.

CluedoAddict · 20/09/2018 09:04

He shouldn't be parking over his dropped kerb. The council can issue him with a ticket.

Bahhhhhumbug · 20/09/2018 09:12

We have a dropped kerb, driveway and H bar and live on a main road so parking is a nightmare here. We have been told by a local traffic warden, who is known to be rather zealous but lm sure knows her job, that you can't block even if it's your own because they automatically double as wheelchair , mobility scooter access to cross the road.

notapizzaeater · 20/09/2018 09:13

You can't park over any dropped curb so just report him

ToadOfSadness · 20/09/2018 09:17

As far as I am aware you should not park in front of any dropped kerb, even your own, without notifying the council that you intend to do so (block your own drive that is). Most people would not know to do that so if the warden was called a ticket may be issued.

Original poster
WhenIWasAYoungWarthog · 20/09/2018 11:03

Grr, he’s bloody done it again and pissed off out so I can’t get out to go the the office. I’ve filled in a form on the council website saying I’ve been blocked in and attached a photo. Hopefully they’ll do something. DH is going to dig out the house plans to see what it says about the drive.

OP posts:
Wolfiefan · 20/09/2018 12:04

I would have checked the plans before complaining. You could get into trouble if you’ve been effectively driving over the pavement to park on your garden.
Apply for a dropped kerb?

TemptressofWaikiki · 20/09/2018 12:07

The OP clearly said above that there is no pavement on her side. There is nothing to drop the kerb.

Original poster
WhenIWasAYoungWarthog · 20/09/2018 12:16

There’s no pavement and nothing to drop. My gate opens directly onto the road and my drive is the same level as the road. There’s no pavement or verge or anything.

It’s made more difficult because house 1 and 3 can park in front of their house because it’s only my wall on the other side of the road. It doesn’t cause any kind of obstruction when they park there even though they don’t have dropped kerb. So for years house 2 has been the only house that has needed to park his car in the garage.

OP posts:
JensenElephant · 20/09/2018 13:07

Cant you reverse on and so pull out more easily?