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Driveway Obstruction - autumnboy

Are there any legal ruling as for obstructing access to your driveway.

Neighbours opposite have 2 cars (Father and Son) and either one will park their car opposite my drive on the street not having a drive of their own, it can take 2 or 3 shunts to get on/off my drive. Despite asking politely them not to do so that fell on deaf ears, explaining it's difficult leaving for work at 5.30 am in darkness.

So is there any legal standing to quote to prevent them doing so.

Thanks

Driveway Obstruction - oldroverboy.

If it is a residential road there is little you can do if there are no yellow or white lines. If there are no lines where they are parking, you could always park there yourself.

Alternative, contact the council about it, but no resources for anything.

I regularly have people obstructing my driveway which has a dropped kerb AND white lines. One parks his long wheelbase van parallel to his car which is where i turn left to get out of my driveway ( I am at the end of a close) if not in front of the neighbours who have rear access to garages so, 4 of us being obstructed at times, and doesn't give 2 hoots.

Both of his cars are currently broke down, (no money to pay for repairs) (one not mot'd or taxed or insured) and happy to get p'd up on a saturday and wake us all up coming home at midnight.

Neighbours.. who'd have them?

Driveway Obstruction - galileo

I regularly have people obstructing my driveway which has a dropped kerb AND white lines.

Many years ago my wife parked across our driveway to drop off shopping before going to pick kids up. A passing Plod had stuck a ticket on her car for obstructing a driveway while she was indoors. Refused to cancel ticket even though it was our own drive.

Driveway Obstruction - FP

Parking opposite your driveway would probably not be regarded legally as obstructing it, since you can, albeit with difficulty, get your car in and out.

As has been said, no-one "owns" the road immediately outside their home and therefore anyone has a right to park on it.

The exception to this is if the access to a driveway is via a dropped kerb, which must not be obstructed.

I'm afraid my advice would be to "suck it up", as any attempt to force the issue would be without legal basis and might give a stroppy neighbour the opportunity to make a further nuisance of themselves.

Driveway Obstruction - SLO76
We solved a similar longstanding problem by buying a cheap old car £250 which had an Mot and tax and parked it directly outside our house so that they couldn't park accords our drive without blocking the entire street. It's a narrow street so cars can only get by if there's a car parked on only one side. Cheap way to sort an ignorant neighbour and less stressful.
Driveway Obstruction - Snakey

We have an ignorant neighbour who plonks his stupidly long caravan outside his house and overhangs our drive access. Despite asking him to give us more room he still does it.

I guess you have to accept a lot of people are plain ignorant and inconsiderate, perhaps I should stick a nail in his caravan tyres ;-)

Driveway Obstruction - FP

If it really does overhang your dropped kerb (do you have a droppped kerb?) you may have a reason to get it moved.

Driveway Obstruction - tourantass
I have heard of people doing the same to stop neighbours with vans from obstructing the nice view from lounge windows.
Driveway Obstruction - Warning

"I have heard of people doing the same to stop neighbours with vans from obstructing the nice view from lounge windows."


On holiday, I was sitting at a sea view by the beach and these tourist car park their car blocking the restaurants sea view. They sit there facing the sea, but does not occur to them, their car is blocking the view....



Driveway Obstruction - FoxyJukebox

I heard of a good idea the other day from a work colleague. Nip out after dark on a dry night and scatter a few bread crumbs on the bonnets on the offending vehicles. The birds will swoop on them in the early morning, leaving another kind of mess.

Driveway Obstruction - Doc

Anti-climb paint makes one hell of a mess.

Driveway Obstruction - argybargy

As far as I can remember from our days of having trouble getting on and off a driveway, its illegal to block you in but not illegal to block you out. So they must shift if you can't get out, but there's no compulsion in law for them to let you back in. I dealt with the situation by politely but relentlessly knocking on doors and asking people to move until eventually they desisted from doing it. Having said that, complaining to the police might prompt a visit to the offender to give a friendly warning, IF, that is, there's such thing as a police officer in your area.

Clearly if, as in your case, the person is not actually blocking your drive but just making it difficult for you to get out, then as someone else said its a case of suck it and see, unless you're willing to go to war with them over a fairly minor matter.

Driveway Obstruction - FP

"... its illegal to block you in but not illegal to block you out."

I'd like to know where this comes from. AFAIK, parking in front of a droppped kerb is illegal - irrespective of whether the owner of the drive is leaving or arriving.

And I understand it's illegal even if the owner of the driveway to which the dropped kerb leads does it.

Driveway Obstruction - argybargy

I think the relevant offence is "obstruction", and that is illegal. Whether its a civil or criminal matter I can't say without further research.

Obstructing a driveway to prevent someone getting back in is, presumably, not viewed in the same light because you aren't preventing the person from making their journey. And they can still park somewhere else.

Then there's the offence of "trespass" if you park on someone else's driveway.

Edited by argybargy on 29/09/2016 at 09:36

Driveway Obstruction - Bolt

I was told by the local council you are only causing an obstruction when a vehicle wants to enter or leave the driveway.

I was going to have a driveway put in but changed my mind due to problems with our garden

Driveway Obstruction - Avant

If the law says you can't park in front of your own driveway, then 'the law is an ass'.

Driveway Obstruction - galileo

If the law says you can't park in front of your own driveway, then 'the law is an ass'.

It is (or was) round here as per my post yesterday. This was years ago, seldom see patrol cars now except when there's a bump/shooting/stabbing.

Driveway Obstruction - slippy118

Reverse on.

I had one outside mine for a month. I went on the DVLA website and it wasnt insured and tax ran out a month ago, so I dobbed em in as per the instructions on the website, also the site referred me on to report an abandoned vehicle which sent me to the Local Council website where I reported it as an abandoned vehicle. Next day an official notice was stuck on the drivers window threatening removal and costs. Early next morning it was driven off.

Driveway Obstruction - oldroverboy.

Bit of a result here too. The other day, a Colchester Council "parksafe" van drove into our little close and without any notices appearing on cars, the two that were untaxed unmot'd and 1 of them uninsured went, 1 on a trailer (today) sold for £500 and the other one into the persons garage.

Driveway Obstruction - Dwight Van Driver

Try this FT

Sect 137 Highways Act 1980

If a person without lawful authority or excuse, IN ANY WAY wilfully obstructs the FREE PASSAGE ALONG A HIGHWAY he is guilty of an offence.

A person prevented from joining the highway from his drive does not have free passage of the Highway . Vice versa the private drive is not a Highway.

By the above wording it has more clout than

S103 Con and Use Regs 1986 (causing unnecessary obstruction on the road) or

S29 Town Police Clauses Act 1847 (wilful causing obstruction of public thoroughfare)

But all in all it is a question of fact and degree if you study various case law on the subject.

dvd

Driveway Obstruction - argybargy

Yes, I've had a look since this morning and its exactly as you say.

Parking across a drive and preventing someone from accessing the highway is an offence. Preventing them getting back onto their driveway is not.

Our own historical problems were usually about getting back onto our drive, so I'm glad nobody I approached just about every other day for a period of about five years ever challenged me to tell them why they had to move and let me in.

Driveway Obstruction - gordonbennet

Is this where thousands of years of so called civilsation have led us, that we need a law so people can access the road from their driveway, but that same (you would think not needed) law doesn't ensure they can return.

You really couldn't make stuff like this up, it's not laughable its tragic.

Makes you wonder if the problems europe has coming, including the eventual civil strife/war might actually be beneficial, maybe when its all over the survivors can act like intelligent humans, where laws like the above for the mentally challenged will no longer be needed, where a reasonable courteous request would be acted upon, but in these particular cases a smattering of common sense should ensure such a request unecessary.

Driveway Obstruction - FoxyJukebox

Churchill always used to say"jaw jaw is better than war war"

It's always sad when people have to think of reverting to formal ways of dealing with simple matters like this.

Wouldn't it have been a completely different problem if the neighbours "opposite" had knocked on the door themselves and nicely asked if it was a problem parking their car(s) in the street?.

Driveway Obstruction - argybargy

Ignorance, unnecessary hostility and selfishness have reached epidemic proportions in this country, and it just so happens that for most people, behaviour on the roads has become the most common and high profile manifestation of this problem. Social media is obviously another.

Perhaps when driverless cars are the norm rather than exception, they can be programmed to avoid dausing an obstruction to another vehicle. Which, with the continuing increase in vehicle numbers on the road and the shortage of suitable parking in urban residential roads, means that driverless cars belonging to urban residents will routinely drive around the block seeking a non-obstruction causing parking space until they run out of petrol, battery, chicken dung or whatever happens to be fuelling them at the time.

Edited by argybargy on 30/09/2016 at 12:11

Driveway Obstruction - FoxyJukebox

...and how does a driverless car "behave" when it it isn't taxed or has no MOT or has clearly been abandoned?

Driveway Obstruction - argybargy

Perhaps they'll put a chip in so a driverless car can't actually drive if not taxed or MOT'd.

Who knows? My post was ironic speculation, not prediction.

Driveway Obstruction - oldroverboy.

all cars from next year will have a "chip" to communicate if there is an impact accident and it will call the emergency services, presumably all cars will be regularly (in real time) checked to see if taxed, mot'd and insured and the chip will be remotely controllable as this is how bmw/mercedes already provide some software updates.

you have been warned..

Edited by oldroverboy. on 30/09/2016 at 17:57

Driveway Obstruction - Bolt

all cars from next year will have a "chip" to communicate if there is an impact accident and it will call the emergency services, presumably all cars will be regularly (in real time) checked to see if taxed, mot'd and insured and the chip will be remotely controllable as this is how bmw/mercedes already provide some software updates.

you have been warned..

Is that the ecall system, personaly I dont like the idea and cannot see it working as its supposed to, ie it automatically calls an ambulance in an accident if the airbags have gone off.

wont help if ambulance service is overstretched as it often is, idea is to speed it up, ok if service is fully functional, also it can be used to give speeding tickets automaticaly, possibly parking tickets as well due to location/gps knowing exactly where you are

I read our government are trying to put it off for a couple of years, but they have doubts, I gather all cars being fitted with it from next march?

Driveway Obstruction - oldroverboy.

Is that the ecall system, personaly I dont like the idea and cannot see it working as its supposed to, ie it automatically calls an ambulance in an accident if the airbags have gone off.

wont help if ambulance service is overstretched as it often is, idea is to speed it up, ok if service is fully functional, also it can be used to give speeding tickets automaticaly, possibly parking tickets as well due to location/gps knowing exactly where you are

I read our government are trying to put it off for a couple of years, but they have doubts, I gather all cars being fitted with it from next march?

www.telegraph.co.uk/news/uknews/road-and-rail-tran...l