dropped kerb and parking laws

46
Found 7th May 2015
Basically we have an annoying neighbour who believes that if his cars are taxed mot'ed and insured he can dump them anywhere. .. outside his house and outside mine.. I am courteous so refrain from parking outside other houses who have cars themselves ( when I can't get to mine) I understand a dropped kerb means people can't park there but as I only have a small garden can I get the kerb dropped but not turn the front into a drive and still keep rights to park there as I'm only blocking my own (non - existent) access...that make sense

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He has as much right as you to park outside your house if it's a public road.

That's the price you pay for not having a drive (and nobby neighbours)
yes. you can get the kerb dropped for a fee. speak to your council
Actually having a dropped churn dies not mean you can't park there. That only applies to curbs that are dripped for the purpose of mobility access (the ones on the corners of streets).

Parking over the dripped curb that gives access to a driveway is only an issue if there is a car in the driveway (constitutes blocking the highway by preventing access to it). If there is no car in the driveway, no offence is performed by parking across the dropped churn.
A dropped kerb wont make a difference if your not using it to get onto a driveway
Public road = free for all shen it comes to parking
Dont be so polite and park as close to home as possible
stuarthanley

yes. you can get the kerb dropped for a fee. speak to your council



but that will not stop people parking across "your" dropped kerb if there is no reason for it

EliTom
stuarthanley

yes. you can get the kerb dropped for a fee. speak to your council



I don't think it will help though - I have in the back of my mind that it's illegal to block the exit on a dropped kerb/driveway but not illegal to block the entry. His neighbour could still park on it in theory as there is nothing to block in..
kjcoolcat

I don't think it will help though - I have in the back of my mind that … I don't think it will help though - I have in the back of my mind that it's illegal to block the exit on a dropped kerb/driveway but not illegal to block the entry. His neighbour could still park on it in theory as there is nothing to block in..


No. It won't help but it can be done.
stuarthanley

No. It won't help but it can be done.



I'm sure the OP appreciates your advice oO
I don't think you have much of a chance. In regards to parking anywhere, he is completely within his rights to do so. If you had a drive way with a dropped kerb, then parking in front of it would be considered illegal. In such a case, the local authority or Police would take action (slow time).
Captainbeavus

I don't think you have much of a chance. In regards to parking anywhere, … I don't think you have much of a chance. In regards to parking anywhere, he is completely within his rights to do so. If you had a drive way with a dropped kerb, then parking in front of it would be considered illegal. In such a case, the local authority or Police would take action (slow time).



Only if there is a car in the driveway. It is not an offence to block an empty driveway.
t3rm3y

I understand a dropped kerb means people can't park there but as I only … I understand a dropped kerb means people can't park there but as I only have a small garden can I get the kerb dropped but not turn the front into a drive and still keep rights to park there as I'm only blocking my own (non - existent) access...that make sense



If your local council is anything like Birmingham then;
To qualify for a dopped kerb your front garden needs to be 4.75m / 15ft 5in deep (or more than 12m wide). If, as you say, you only have a small garden then you would be unlikely to get permission for a dropped kerb.
You'd expect your neighbours to have a bit more courtesy in situations like that ... We have a drive with a dropped curb and people think it's fine to partially cover it .. people don't care these days!
Thanks for the info. interesting stuff there. looks like it'll have to go on like this then until he's on channel 5's neighbours from hell.
There was another bloke who did the same but I asked him not to as had baby and would like to be closer to house asked and he stopped. This new bloke seems to be a bit more of a kok. nails in tyres next step??
Get a bollard
t3rm3y

Thanks for the info. interesting stuff there. looks like it'll have to go … Thanks for the info. interesting stuff there. looks like it'll have to go on like this then until he's on channel 5's neighbours from hell.There was another bloke who did the same but I asked him not to as had baby and would like to be closer to house asked and he stopped. This new bloke seems to be a bit more of a kok. nails in tyres next step??



Are you actually serious?

It sounds like you're the neighbour from hell to me. You do not own the public road outside of your house. He can park where he likes. No nails in tyres needed.
if you want to make a point, without resorting to criminal damage, place some traffic cones there when you drive off. Seen people do that where I park for work and it puts most people off
donny1266

if you want to make a point, without resorting to criminal damage, place … if you want to make a point, without resorting to criminal damage, place some traffic cones there when you drive off. Seen people do that where I park for work and it puts most people off



And then the police will be knocking at the ops door for obstruction. Plus he will rile the neighbours by being a feminine hygiene product one might use on a summer's eve... And the bag it came in.
is the garden suitable for a car a few folk have git rid off garden and use as a drive
Have u asked him ever not to park in front of your house as u need the space for your car. Normally just asking goes along way.
yep asked him and he said about being taxed and insured etc amd can park where he likes.. sone people are ok with asking as I found out. others like this man won't listen to reason. sone people are plain old mean
I should mention that I'm a reasonable person and someone could approach and speak to me and discuss matters. I realise the world isn't perfect and people are brought up different but this guy was totally unapproachable. He became quite offensive during our 'chat'.
also we can park two cars out the front without encroaching the neighbours boundary yet when this bloke badly parks one of his four cars he does in such a way that he gets one car in and we can't fit another.

believes that if his cars are taxed mot'ed and insured he can dump them … believes that if his cars are taxed mot'ed and insured he can dump them anywhere outside his house


After reading that back to yourself can you not see you are the neighbor from hell which you think he is?
Don't get why you think you are the only one to have the right to park outside your house. Weird.
t3rm3y

I should mention that I'm a reasonable person and someone could approach … I should mention that I'm a reasonable person and someone could approach and speak to me and discuss matters. I realise the world isn't perfect and people are brought up different but this guy was totally unapproachable. He became quite offensive during our 'chat'.also we can park two cars out the front without encroaching the neighbours boundary yet when this bloke badly parks one of his four cars he does in such a way that he gets one car in and we can't fit another.


The fact that you think he is purposefully parking badly just to irritate you means you really aren't a reasonable person. Just get over it.
Yer i do see where your coming from, as although i have a short drive (fits one car on) we have 2 cars in the house - so one is always parked on the road outside. I do get a little upset if one of the neighbours nicks 'our' spot as i like to keep the car in view for security purposes.

What does annoy me though is when the neighbour across the road parks their car opposite our drive. It means its far more difficult to reverse onto the drive (takes a few attempts rather than one smooth action when their car isnt there). I have given them a stern look when reversing onto the drive (because it risks damaging both mine and their car because its a very tight angle to maneuver!)
when paying my tax i expect to park where i want and where there is space if on a public road.

if it annoys folk, tough titty.

you dont own the land outside your boundries
seriously we're lucky if we get a spot on our road never mind directly outside the house. surely there's worse things in your life than a car parked outside your house?

I've got 4 kids and parking is so bad in my area I used to have to user the pushchair just to get my shopping from the car to the house and that would be more than one trip.

count your blessings life's too short to be stressed over a parking spot.
donny1266

if you want to make a point, without resorting to criminal damage, place … if you want to make a point, without resorting to criminal damage, place some traffic cones there when you drive off. Seen people do that where I park for work and it puts most people off


I get annoyed when I see this. What right to people think they have putting cones up to reserve a special space just for them? Easy to get rid of them by complaining to council. My neighbour put massive cones outside his house which meant the rest of us had more chance of other peoples cars outside our houses. Hardly fair.
Moonwolf1976

You will all have something else to moan about soon because once … You will all have something else to moan about soon because once Cameron's got himself safely back in number 10 when election results are in, He won't be such a nice guy anymore, His second round of austerity will probably I predict scrap child benefit,tax credits, increase in car tax for u to carry on dodging pot holes used instead to fund HS2 and Boris bikes n cycle paths,petrol prices, more speed cameras and fines for doing the slightest thing deemed wrong.and probably yellow lines and marked bays outside your houses with parking metres for you to pay for the privalage of parking outside your own house. Hope I'm wrong! :-p




Are you going to go through every post moaning about Cameron?
rjmjnlcfm

when paying my tax i expect to park where i want and where there is space … when paying my tax i expect to park where i want and where there is space if on a public road. if it annoys folk, tough titty. you dont own the land outside your boundries



Technically there is no provision under law to be able to park your vehicle anywhere on the public road network. The whole system works on turning a blind eye to parking that isn't considered dangerous.

If your car is parked on the road, it is an obstruction, and under the following legislation can be seen to be an offence:

Section 137 Highways Act 1980 (wilful obstruction of the highway)

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)

Section 22 RTA 1988 (leaving vehicles in a dangerous position)

Perhaps the most relevant of these is Regulation 103 of the Road Vehicles (Construction and Use) Regulations 1986, after all, can you suggest that parking your car on the road is a necessary obstruction? The moment your vehicle is parked, you are obstructing use of that section of the road. The ability to pass does not mean that the obstruction is null and void.

Because of the volume of cars owned by individuals that do not have off road parking, it had become the norm for the police to turn a blind eye to obstruction unless it is in a position considered dangerous, or physically prevents the safe passage of all relevant vehicles (usually a bus).
Had the same problem when the house next door was rented as a house share and each of the 4 tenants had a car.

They parked in front of my doorway and we could not get a buggy out!
Might be different laws in England - but up here if you block a recognised driveway you can be prosecuted for obstruction.
moob

Might be different laws in England - but up here if you block a … Might be different laws in England - but up here if you block a recognised driveway you can be prosecuted for obstruction.




It was mentioned earlier, but only obstruction if the car is present on the drive. Obstruction to get out but not to drive onto.
I have always assumed you couldnt legally park if you were obstructing someone's driveway. I'm shocked to learn that isn't the case. So how are folks expected to get onto their drive if a car is parked in front?
lianne21

I have always assumed you couldn't legally park if you were obstructing … I have always assumed you couldn't legally park if you were obstructing someone's driveway. I'm shocked to learn that isn't the case. So how are folks expected to get onto their drive if a car is parked in front?


Well if its legal then there's nothing really wrong with parking in front of any house. I think the problem is people see the fact they own the house they also own the road. It simply there's 2 many cars out there and the roads were not designed for such avast amount of cars. The op can put here point forward about her neighbour parking in front of her house but if he is not doing anything illegal then its the op who is actually wrong thinking she is entitled to her space in front of her house.

Edited by: "kash2013" 8th May 2015
kash2013

Well if its legal then there's nothing really wrong with parking in front … Well if its legal then there's nothing really wrong with parking in front of any house. I think the problem is people see the fact they own the house they also own the road. It simply there's 2 many cars out there and the roads were not designed for such avast amount of cars. The op can put here point forward about here neighbour parking in front of her house but if he is not doing anything illegal then its the op who is actually wrong thinking she is entitled to her space in front of her house.


But how am I supposed to gain access to my drive if cars are parked there?
lianne21

I have always assumed you couldnt legally park if you were obstructing … I have always assumed you couldnt legally park if you were obstructing someone's driveway. I'm shocked to learn that isn't the case. So how are folks expected to get onto their drive if a car is parked in front?



No, your assumption is right but I don't think you read the question properly. It is indeed illegal to park if you were obstructing someone's driveway. The OP doesn't have a driveway though. They state in their question that they only have a small garden. They are asking if getting a dropped kerb to a non existent driveway would mean they have the rights to park in front of their house, to which people are saying that the neighbors have as much right to park there since it's a public road.
dreadzone101

No, your assumption is right but I don't think you read the question … No, your assumption is right but I don't think you read the question properly. It is indeed illegal to park if you were obstructing someone's driveway. The OP doesn't have a driveway though. They state in their question that they only have a small garden. They are asking if getting a dropped kerb to a non existent driveway would mean they have the rights to park in front of their house, to which people are saying that the neighbors have as much right to park there since it's a public road.


No it's actually not illegal and I'm shocked as I assumed it was! ! read this
lianne21

But how am I supposed to gain access to my drive if cars are parked there?


You simply have to wait until the driver came backed and moved his car. If every house on the road had driveway were would visitors or anyone else park. You can not just reserve a space on a public road.
Edited by: "kash2013" 8th May 2015
kash2013

You simply have to wait until the driver came backed and moved his car. … You simply have to wait until the driver came backed and moved his car. If every house on the road had driveway were would vistors or anyone else park. You can not just reserve a space on a public road.


I think that's awful. I would not and have never parked in front of a person's driveway. Why would anyone do that and prevent someone from using their driveway! I would drive around until I found somewhere else.
Edited by: "lianne21" 8th May 2015
lianne21

I think that's awful. I would not and have never parked in front of a … I think that's awful. I would not and have never parked in front of a person's driveway. Why would anyone do that and prevent someone from using their driveway! I would drive around until I found somewhere else.


Unfortunately, the world is full of inconsiderate morons these days.
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