Was my friend BU about this person parking over her driveway?

[cantbebotheredtoday]

I went to visit my friend the other day, call her H. As I was coming up to her house I noticed a car was half over her driveway, so as my friends car was parked in the driveway I had to park half in and half out her driveway, the back of my car was sticking out onto the road since the other car was blocking me from getting into the free space in her driveway.

Anyway, as I was getting out my car, a woman with her daughter (she had just picked her up from school and that's why she had parked there) came up to me, looking quite flustered and said "I'm really sorry, I'm just moving." I just replied it's okay as I hate confrontation and she had apologised.

I get to my friends door and H comes to the door and was like, "look at that woman parked over my drive" I told her she had apologised, H then proceeded to go up to the woman and say, "could you watch where you are parking in future as people can't get in and out my driveway" the woman replied that she had said sorry and H then said, "that's not the point, it's my driveway!" And stormed away. The woman then apologised again.

I'm just wondering if I am being unreasonable in thinking my friend was being a bit unreasonable. The woman had apologised and was affronted, I just think my friend over reacted but maybe I'm wrong. Personally unless I needed out of my driveway, it's not something I would get upset or worked up about. But I also wouldn't park over someone's driveway, partially or not.

Thoughts?

She's not being unreasonable. I used to live opposite a school and people CONSTANTLY blocked my car in on my drive. As soon as one person left the drive another would park in its place.

At least once every day or two I couldn't get out of my own house. Had to give extra time for appointments etc because people were such dicks.

I'm not an angry person in the slightest but even I considered chucking a load of nails on the floor in the end!

Presumably the school was there before you moved in @Legumewaffle?

At least the school hours are at set times so you know that you won't have access to your drive at certain times during the term so you can then make alternative arrangements, whether it be parking off site or arranging a taxi.

I have a disabled child who attends a special school a mile away - I have my own school run to do twice a day and it can be a nightmare, it's not unreasonable to be able to expect to be able to enter and exit my driveway safely.

Nope, according to YellowFish you should get a taxi or ask a neighbour, ffs.

YellowFish
It's easy to keep writing the same outrageous statement about drive owners.

I'm still waiting to hear a justification for why you are bestowing drop-off parents with a divine right to park?

Even if you are taking this stance just to irritate people, play the game properly and give us your justification for not expecting parents to drive to a vacant space?

Perhaps home owners near schools should be entitled to park just outside the school too. On the pedestrian crossings, pavements, etc

The answer is a PSPO zone, anyone dropping a child off to school who is a resident or who hasn't applied for an exemption gets fined.

It sorted out the parking wankers overnight at my DD's school.

@MorningRichie have fixed your post for you
Yellowfish, we know from your other posts that you're a cunt in your professional life now you've confirmed you are in your personal life too made up life

Or, in Bizarro-World (aka Yellowfish land) alternatively, why not scrap your car altogether, pave over your whole front garden and put a “free parking” sign up

That is not such a bad idea. Except that parking wouldn't be free.
I'd be outside every day charging £5 for each 5 min parking. Or with the hose out "washing my drive".

Not my cup of tea, but art doesn't choose places or times.

@RaffertyFair

There are two main reasons why I think drivers should feel free to park over drives in certain circumstances;

1. Many simply have no other option- there is very limited on and off street parking at most schools. Consequently, it's often just a case of stopping where you can

1. Properties having drives attached are one of the main reasons for the shortage of parking/stopping locations near schools, as on street parking that would otherwise exist simply isn't there. The owners of said properties therefore bear partial responsibility and need to contribute to ameliorating the parking problems.

In a nuisance case, it is no defence that the school was there before the homeowner was (Miller v Jackson [1977] 1 QB 966). It's commonly thought that someone who 'willingly' moves into an area where a nuisance could occur has to then put up with it, but thankfully it's not necessarily the case. I mean, thankfully for everyone except YellowFish123...

Parking over a drive for a few minutes does not constitute a 'nuisance', as it is not a repeated pattern of behaviour by the same individual or entity. @dreamalittlebiggerdarling

Oh, excellent, you're legally qualified too! Where did you study?

(You don't need a repeated act by the same individual. One off incidents can be sufficient to establish a substantial and unreasonable interference with a person's use of land. I'd imagine that blocking a person's ability to attend hospital quickly and/or urgently could well fall within those parameters.)

@dreamalittlebiggerdarling

While a single individual parking over a drive for a very extended period i.e. days may be enough to constitute nuisance; most schools will have multiple individuals doing so for only a few minutes at most, so nuisance cannot be proved against any of them individually.

Parking over a drive for a few minutes does not constitute a 'nuisance', as it is not a repeated pattern of behaviour by the same individual or entity.
So, the child only goes once to school?

How can you say the parent has no other option? You said yourself they can take public transport or a taxi, or a lift. [win]

so nuisance cannot be proved against any of them individually.

It can, as it will be every day over the entire school year.

Worst case, the road could be closed for anyone but residents. I bet the parents would love it.

It's very unlikely that the same parent will park at the exact same drive every day @lweji

It's very unlikely that the same parent will park at the exact same drive every day

It doesn't need to be every day. Once a week should suffice to make it a nuisance.

Still, all is needed is the police doing rounds in random days. After a short while how much do you want to bet that said parents would find those impossible alternatives?

Of course an individual can be identified as causing a nuisance. In the above scenario, the homeowner wants to get to hospital. There's someone blocking them in. The homeowner can isolate that person. Whether they can identify them is another matter, but if they can, of course they can pursue a legal claim for nuisance. (They can also call the police on the basis of obstruction to the public highway, but the reason that I'm talking about nuisance is because you seem to think that anyone who chooses to live near a school has to put up with having people parking over their driveways. And that's absolutely wrong.)

Admit it, Yellowfish, you have driveway envy. 😂