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Parking Across Driveways - Ben 10

Discussion on radio this morning about parking tickets handed out for rediculous reasons.

A qualified driving instruction stated that it is NOT illegal to park across a driveway and is termed an inconvenience.

I thought it could be classed as an obstruction and hence the police could arrange for the vehicle to be towed away. Which would incur storage and tow away costs.

Parking Across Driveways - LucyBC
You are right assuming there is a dropped kerb.

If your drive is blocked by some eejit there is certainly more than an "inconvenience" and I would hope the council and police would deal with them accordingly.
Parking Across Driveways - Pete Mansell

But there appear to have been cases where people have been prosecuted for parking across their own dropped curbs. Is this illegal?

Parking Across Driveways - Dwight Van Driver

Section 85/86 Traffic Management Act 2004 prohibits parking at a dropped kerb in an are which has been made a special enforcement are by local council so yes you can be done parking outside your own dropped kerb.

dvd

Parking Across Driveways - Ben 10

But there appear to have been cases where people have been prosecuted for parking across their own dropped curbs. Is this illegal?

On this discussion programme a guy phoned in and said he was ticketed twice on his own vehicle parked across his own driveway. He said he appealed the first one and got off. Then the same warden ticketed him again on another date. So I presume he would get off the second one too.

Parking Across Driveways - LucyBC
We get more complaints about people not being ticketed for parking across drives than for owners being ticketed.

So I probably favour ticketing as it can cause a huge amount of inconvenience and we have had cases where it is clearly being done as low-level harassment.

As to owners being ticketed how is the parking attendant supposed to know it is your car and your house?
Parking Across Driveways - Ben 10

Wouldn't it be common sense to knock on the door of that property or business. Takes only a couple of minutes. And find out if that vehicle belongs to that address. If it does leave alone. If it doesn't you do that person a service by ticketing that vehicle so they don't do it again.

The real reason we all know is that local wardens do not use common sense in any shape or form because at the end of the day its revenue for the local council and a rolling contract for that particular company.

When we had police run "yellow" banded wardens, they used discretion and common sense. It worked well. Deregulation and private companies lead to only one thing... profits. And get those fines in using the law and any means possible. Use of common sense doesn't come into it.

Parking Across Driveways - LucyBC

Is it really the duty of the traffic warden to wander around looking for some idiot parking across a drive to see whether they had the permission of the owner to do so?

Parking Across Driveways - Ben 10

Yes I think it should be his/her duty. How many tickets are issued for this type of offence compared to other parking offences. Few I would bet. So I don't think it would be too much bother to enquire if a vehicle is owned by the owner of the driveway. If it's not then issue away.

Edited by Ben 10 on 01/08/2010 at 00:55

Parking Across Driveways - TedCrilly

"Wouldn't it be common sense to knock on the door of that property or business."

.....and if no one is at home?

I suppose the warden could return later but the householder could be away for days and by then the parking offender would be well gone and avoided the fine.

I can see it all now............everyone would be parking across driveways safe in the knowledge that until it is determined who the driveway actualy belongs to they wouldnt be ticketed......Nice one eh?

The practice would cause far more problems that it would solve.

Edited by TedCrilly on 02/08/2010 at 12:18

Parking Across Driveways - Ben 10

.....and if no one is at home?

Then give them a ticket. It wont happen again and the owner will not be so foolish in future. I was looking at it from a spur on the moment decision. At least try and see if the car belongs to the driveway owner. If that cannot be established within a couple of minutes then ticket that car. Whats the hassle. And how can using a bit of common sense cause more problems than it solves.

Parking Across Driveways - Cliff Pope

I would have thought obstruction was an absolute offence, without any necessity to prove that someone was actually obstructed. So it is irelevant whether the frontager minded the obstruction, or caused it himself.

Parking Across Driveways - Harmire

There would appear to scope for common-sense/discretion by the parking enforcement authority.

Our local council has the following policy:

A Penalty Charge Notice at the higher rate (£70) can be issued if a vehicle is parked at a dropped footway unless the following circumstances occur:

.... The vehicle is parked outside a residential premises by or with the consent of the occupiers of the premises (this does not include shared driveways)

Parking Across Driveways - noddyholder

It is a problem I have had many times. Council and police far to busy to deal with it. Glad I bought a landrover. It will tow the numptys to the nearest set of double yellows even when left in gear. And dont they look confused when they get back.......