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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To block the road I live on so people can't park there?

351 replies

namechangedpurelyforthis · 21/01/2020 12:15

As the thread name suggests... I live on a private road. It's near a school. Parents park there all the time, sometimes on double yellows. They block our driveways and limit our access. Where would I legally stand if myself and other residents block the end of the road one day to block the cars in to send them the message that we won't put up with it any more?

OP posts:
ThumbWitchesAbroad · 22/01/2020 02:11

@PRofessorSlocombe
this might interest you, since you're interested in precision:

"2. What is a highway?
There is no statutory definition of a highway, only a common law one.
Halsbury’s Laws states:
A highway is a way over which there exists a public right of
passage, that is to say a right for all Her Majesty's subjects at all
seasons of the year freely and at their will to pass and repass
without let or hindrance. A highway may be dedicated subject to
certain restrictions or obstructions; and it may be limited to a
recognised class of traffic, that is it need not be a way for vehicles,
as, if they are open to the public generally, footpaths, bridleways
and driftways are highways. It is, however, an essential
characteristic of a highway that every member of the public
should have a right to use it for the appropriate class of traffic;
there can be no dedication to a limited section of the public, such
as the inhabitants of a parish.
13
A “highway maintainable at the public expense” is defined in section 36
of the Highways Act 1980, as amended. It states that a highway:
… shall not … become a highway which for the purposes of this
Act is a highway maintainable at the public expense unless
either—
(a) it was a highway before 31st August 1835; or
(b) it became a highway after that date and has at some
time been maintainable by the inhabitants at large of any
area or a highway maintainable at the public expense;
and a highway shall not by virtue of that subsection cease to be a
highway maintainable at the public expense if it is a highway
which under any rule of law would become a highway
maintainable by reason of enclosure but is prevented from
becoming such a highway by section 51…
It further requires every local highway authority (unitary and county
councils) “cause to be made, and shall keep corrected up to date, a list
of the streets within their area which are highways maintainable at the
public expense”.
Some private or unadopted roads are highways, but not all, and the
position is not always easy to determine
. In his 2013 book Private
Roads: The Legal Framework (5th ed.), Andrew Barsby explains the
difficulties of dealing with definitions in this area:
The courts have generally taken the view that the public has
access to a road is members of the public actually use it and the
use is tolerated, even if there is no actual right to use the road […]
a private road which was actually used by the public would be
within the definition of a “road” … even if it was not (or not yet)
a highway…
This definition of “road” enables legislation to apply to all
highways, including private roads which are highways, and to
some other private roads which are in fact used by the public.14"

TL:DR - some private roads are also highways, some are not. What you can do with your private road depends on whether or not it is also a highway. Also, public rights of way are not limited to "non-cars" - vehicular access may be restricted to certain classes of vehicle but that could include cars.

SterlingViolet · 22/01/2020 03:16

@PigletJohn
A nice gate, locked for an hour in the morning and an hour in the afternoon (residents to have keys) with a sign "ring mobile xxxxxxx to unlock"

Find a frail, wizened, stooped person to hobble painstakingly to the gate, waving cheerily, and shouting "be with you in a moment... bear with, bear with" and then fumbling awkwardly through every pocket, finding the wrong key, apologising profusely, hobbling back home to look for the right key....

😂😂😂 👍 🏆 Grin
Love it!
I'd even be willing to play the part, on a rotating, volunteer basis -

  • that would be fun!
Sillyscrabblegames · 22/01/2020 03:32

I think blocking them in would create confrontations. Is there someone on the road happy and brave enough to take this on? If so, and you are sure the signage is clear enough, give it a go! Ultimately it is like they are driving into your front garden and leaving their car there!

BlackCatSleeping · 22/01/2020 04:23

Honestly, I think of all the suggestions on this thread, the OP’s idea is the best. Grin

longwayoff · 22/01/2020 05:04

Relative lives on private road. No street lighting, potholes as residents always arguing over who should pay what for repairs and an agreement with council, permanent through access or bins won't be emptied. Think yourself lucky to have yellow lines. How did they get there? If Highways put them there it may be less private than you think.

AlexaAmbidextra · 22/01/2020 05:55

Find a frail, wizened, stooped person to hobble painstakingly to the gate, waving cheerily, and shouting "be with you in a moment... bear with, bear with" and then fumbling awkwardly through every pocket, finding the wrong key, apologising profusely, hobbling back home to look for the right key....

You need Mrs Overall. She’d be perfect for this. 😂

itwasalovelydreamwhileitlasted · 22/01/2020 07:50

How old is the road? If the public had had unimpeded access for 20+ years then there will be the presumption it is a public highway and may be difficult to block off

If it's only a few years old you'd need to check what rights if way are attributed to it?

If it's that bad you may wish to put electric gates across it to prevent public access but ones which allow emergency services/ post service/bin lorries access

MollyButton · 22/01/2020 08:12

How old is the road? If the public had had unimpeded access for 20+ years then there will be the presumption it is a public highway and may be difficult to block off

That tends to apply to foot traffic OR to access their own property
For the latter, if say no20 doesn't have part ownership of the road but it's the only way they can access their property, then they would have a claim in court to retain that right.

MintyMabel · 22/01/2020 08:19

It's often the lazy and late ones that fling their cars about last minute

that most folk don't want to get up earlier, and they consider the whole getting kids fed and dressed a hassle in the morning

I see the smug perfects have arrived. They are also the ones parking at the school 30 minutes before pick up or drop off, when the rest of us have actual lives which mean we can’t be there ridiculously early to stake our claim to the prized spot. The ones who park and just have to escort their children to the playground so they can stand around chatting, probably talking about all the other lazy parents. Funny most kids manage to walk round themselves.

You have absolutely no idea why parents are dropping off 5 minutes before the bell. You can’t possibly know they are lazy. Well done you for having a simple life with perfect children at the same school who jump out of bed at 7am and are ready to go by 7.15.

Kazzyhoward · 22/01/2020 08:38

How old is the road? If the public had had unimpeded access for 20+ years then there will be the presumption it is a public highway and may be difficult to block off

That's for pedestrian access, not vehicles. Our Parish council is going through this battle in our village. We had an old pub in the centre of the village with a car park between two roads. It had been commonplace for decades for people to park in the pub car park to drop off/pick up kids from school, and also to use it as a "cut-through" from one road to the other. Pub owners (now converted to a house) wanted to block ALL access and turn it into a private garden. Villagers wanted vehicular access kept. The outcome (after going through the court) is that the pedestrian access needs to be preserved which is going to be a 1 metre (3 feet) wide pathway at the far perimeter - that's what the law required due to the car park having been used as a pedestrian thoroughfare for over 20 years. The fact it had been used by cars as well was held to be invalid grounds to continue using it for vehicles!

QuizzlyBear · 22/01/2020 09:08

I'd go with a rota of residents and a crate of eggs. Won't cause permanent damage to the cars, so no danger of prosecution, but if their car is covered with egg whenever they park there, they'll soon stop.

And if they report egging to the police, they'll be laughed out of the station...

OlaEliza · 22/01/2020 09:08

I hate this too. Just because you have a child at school doesn't mean you can park where you like. Parents are the ones responsible for the road chaos in the morning, everytime, without fail. If you say anything, well they have to get to work. Entitled pricks, should walk their kids to school, they might not be so fat and entitled then

💯%

TwoHeadedYellowBelliedHoleDig · 22/01/2020 12:59

From another thread

We once lived in a flat in a block with its own small private car park. Every morning one of our neighbours would be stood at the entrance blocking it off with two traffic cones that she’d bought herself. She’d happily move them to let residents in and out but woe betide any randomers who tried to use our car park! I won’t lie, at first we thought she was completely batshit but then we got the backstory - the embassy across the road, which didn’t have a car park, had decided they were entitled to ours and had been filling it up every day, blocking out residents. They were also apparently leaving loads of litter behind and visitors were often urinating in the car park(!) Lots of complaints were made and while they were being investigated our neighbour turned herself into a one woman blockade to force the issue. Legend. It ended in the embassy moving altogether, hopefully to somewhere with a car park... We have long since moved but still talk about our car park guarding neighbour.

This is what you need. Surely there's someone in your road who would love this job Grin

Jaxhog · 22/01/2020 13:20

I'd start with placing large sticky notices on every car that shouldn't be there.

If this doesn't work, make your own residents parking permits and hire a parking company to clamp anyone not displaying a recognised permit. Get them in for a couple of weeks to start with then at random times. I bet that would stop it.

Jaxhog · 22/01/2020 13:22

Or get a couple of fluorescent jackets and take turns to stop non-residents parking there at school opening and closing times. You could have some moveable bollards too.

Jaxhog · 22/01/2020 13:25

Find a frail, wizened, stooped person to hobble painstakingly to the gate, waving cheerily, and shouting "be with you in a moment... bear with, bear with" and then fumbling awkwardly through every pocket, finding the wrong key, apologising profusely, hobbling back home to look for the right key....

You need Mrs Overall. She’d be perfect for this.

Oh, yes!

Thesearmsofmine · 22/01/2020 13:36

I live on a road with a school. It is chaos at drop off and pick up, some of our neighbours use cones to stop people blocking their drives, I have contacted the head and she did come and speak to parents who were blocking drives, badly parked etc and she asked me to let her know number plates of those doing it or to send her photos, it is amazing how quickly they move if they see you taking a photo of their car blocking your driveway.

DdraigGoch · 22/01/2020 16:02

The problem is most schools have nowhere for parents to park at all.
Perhaps the parents could get off their lazy backsides and walk then.

ThumbWitchesAbroad · 22/01/2020 16:10

It's just not that simple for many people, DdraigGoch - they may have to go straight on to work, or they may even have to be dropping other kids off at other schools elsewhere, so walking wouldn't be a feasible option.

Of course there are some who could walk but choose not to - but not everyone.

Moorethemerrier · 22/01/2020 17:30

Do you live on my road IP!
I feel your pain, daily I’m having to tell mums to move their cars so I can leave for work/park in my drive!

Justontherightsideofnormal · 22/01/2020 17:35

Could you and the other residents put a couple of posts and a locked chain across it which you each have a key for?

geordieone · 22/01/2020 17:37

I used to live on a road near a school. One day I came out and found a woman sitting in a car blocking my drive completely with her engine switched off. I walked around to the drivers side and knocked on her window. She pretended I wasn't there and refused to look at me. I shouted at her window asking her to move her car as I needed to get mine off the drive, she again ignored me. I then got into my car and drove it to within two feet of her car, parked up and honked my horn at her repeatedly. I got out again and stood in front of her car telling her to move it, but she just kept looking down and ignoring me, so I told her I would push her car out of the way with mine if she didn't move. I got back into my car, dipped the clutch and revved my car to maximum. At that point she switched on her enginde, pulled forward 10 feet, opened her window and screamed foul abuse at me, claiming that she was entitled to be there as she was still in the car (with her engine off) and therefore not parked ! She was now blocking my neighbours drive, who came home just then. She started honking her horn at the parker who then drove off screaming that we are both lunatics ! I feel your pain.

Helen1224 · 22/01/2020 17:41

I would, personally, invest in a clamp and plenty of signs that their car will be clamped if parked ANYWHERE on the road where you live. Or you could all chip in monthly for a clamping company to do it

Retired65 · 22/01/2020 17:43

Near where I live, to prevent people turning round outside their houses the owners have erected a metal barrier across the main bit of their private road. It is closed during school drop off and pick up times.

Shell4429 · 22/01/2020 17:52

Club together with neighbours and install secure gates accessed by a pin code. Then the emergency services and residents will still have access. Problem solved.

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