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#591401 - 30th Sep 2011 11:29am vehicles across driveway
leboo Offline
Newbeee

Registered: 13th Mar 2011
Posts: 36
Loc: bidston
help not really sure if this correct forum? iam enquiring for the in-laws I Must make clear "they are not a moaning/complaining type of people"
but they have an issue with drivers parking + blocking their driveway + gate which is the access to their garden path?? meaning they have to either squeeze threw any type of gap between iron gate +vehicle!!! fair enough as the mum n law said herself "would not bother her too much if she was a spring chick" they have even compromised by booking a taxi many times rather than try + locate the owner/drivers?? asto be able to drive their car out of their driveway??
but both my inlaws are over 60 now + the ol arther is enough to cope+ deal , without falling.
now me mumnlaw is worried for her +dad nlaws health they really dont want to cause any undue fuss ...!!!! but surley they have rights?? busted please any advice or help ....thanks in advance x

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#591403 - 30th Sep 2011 11:32am Re: vehicles across driveway [Re: leboo]
polo_phil Offline

Forum Master

Registered: 9th Jan 2009
Posts: 3080
Loc: Birkenhead
Just checking... do they have a dropped kerb for their driveway?

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#591404 - 30th Sep 2011 11:36am Re: vehicles across driveway [Re: leboo]
AlexB Offline
Forum Addict

Registered: 13th Sep 2011
Posts: 1867
Loc: Wirral
If they have an official dropped kerb then they have a leg to stand on. If they've just stuck a hole in their garden wall then they don't.

Police would be interested if this was blocking their access TO the public highway but if it's just preventing them access to their drive then they wouldn't get involved.
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#591407 - 30th Sep 2011 11:41am Re: vehicles across driveway [Re: leboo]
Pepper_Head Offline
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Registered: 13th Sep 2011
Posts: 1855
Loc: wirral
Even with a dropped kirb gives you no right to the space outside your house its just common curtesy not to park in front of someones drive.
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#591413 - 30th Sep 2011 11:52am Re: vehicles across driveway [Re: leboo]
polo_phil Offline

Forum Master

Registered: 9th Jan 2009
Posts: 3080
Loc: Birkenhead
Traffic Management Act 2004

86 Prohibition of parking at dropped footways etc.
(1)In a special enforcement area a vehicle must not be parked on the carriageway adjacent to a footway, cycle track or verge where—.
(a)the footway, cycle track or verge has been lowered to meet the level of the carriageway for the purpose of—.
(i)assisting pedestrians crossing the carriageway,.
(ii)assisting cyclists entering or leaving the carriageway, or.
(iii)assisting vehicles entering or leaving the carriageway across the footway, cycle track or verge; or.
(b)the carriageway has, for a purpose within paragraph (a)(i) to (iii), been raised to meet the level of the footway, cycle track or verge..
This is subject to the following exceptions.
(2)The first exception is where the vehicle is parked wholly within a designated parking place or any other part of the carriageway where parking is specifically authorised..
A “designated parking place” means a parking place designated by order under section 6, 9, 32(1)(b) or 45 of the Road Traffic Regulation Act 1984 (c. 27).
(3)The second exception is where the vehicle is parked outside residential premises by or with the consent (but not consent given for reward) of the occupier of the premises..
This exception does not apply in the case of a shared driveway.

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#591415 - 30th Sep 2011 11:53am Re: vehicles across driveway [Re: leboo]
TheComputerLab Offline
Forum Addict

Registered: 18th May 2011
Posts: 1249
Loc: Wallasey
I have had a ticket for this in the past even though i was not really blocking the drive, the guy could get in and out but was being fussy.

The law isnt very clear, if they cant get in then no law is broken if they cant get out then they are breaking a law, it isnt a road traffic offence though if i recall, someone please correct me if i am wrong.

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#591417 - 30th Sep 2011 11:55am Re: vehicles across driveway [Re: leboo]
AlexB Offline
Forum Addict

Registered: 13th Sep 2011
Posts: 1867
Loc: Wirral
Look up The Traffic Management Act 2004.

It's about as clear as mud but it's illegal to park in front of a dropped kerb when in an enforcement area with the exception of;

- When you're in a parking space
- When you're parked outside residential premises with the consent of the occupier of the premises -- as long as you're not paying for parking.
-When loading or unloading for 20 minutes or less.
-Works such as gas and water, or road works.
-It's an armed forces vehicle.

Buy a tank and you can park it over your neighbours driveway with no issues.

I think the most important thing here is whether or not an 'illegal obstruction' has occurred and this would be the case if someone parked in such a way that it was blocking access to the public highway.
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#591418 - 30th Sep 2011 11:55am Re: vehicles across driveway [Re: TheComputerLab]
Pepper_Head Offline
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Registered: 13th Sep 2011
Posts: 1855
Loc: wirral
Its deffo not a road traffic offence.
_________________________
Lifes too short, slow down and enjoy.
The Dark Side, who needs it?
The paper boy does.

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#591419 - 30th Sep 2011 11:55am Re: vehicles across driveway [Re: leboo]
AlexB Offline
Forum Addict

Registered: 13th Sep 2011
Posts: 1867
Loc: Wirral
Dammit Phil, I took a phone call as I was typing my reply and then I pressed submit... you'd already boxed it off!
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#591421 - 30th Sep 2011 11:58am Re: vehicles across driveway [Re: Pepper_Head]
AlexB Offline
Forum Addict

Registered: 13th Sep 2011
Posts: 1867
Loc: Wirral
Originally Posted By: Pepper_Head
Its deffo not a road traffic offence.


But can be classed as a criminal offence if a few different criteria are met.
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#591437 - 30th Sep 2011 12:14pm Re: vehicles across driveway [Re: polo_phil]
leboo Offline
Newbeee

Registered: 13th Mar 2011
Posts: 36
Loc: bidston
yes they have a dropped kerb ,, and must mention (not sure makes a difference) they live on corner of cul-de-sac ! also makes it a danger for any body who want/need to pass the inlaws too , blocks view of any oncoming drivers...if they not looking+checking properly... ?? also positive the driveway is ease of access for a disabled driver....didn't want to mention that! really? since thats not 1st reason for this issue !!! hope you all can understand were i coming from? xx think

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#591440 - 30th Sep 2011 12:17pm Re: vehicles across driveway [Re: leboo]
AlexB Offline
Forum Addict

Registered: 13th Sep 2011
Posts: 1867
Loc: Wirral
Do they block your in-laws from leaving?
_________________________
I'm just a muppet.

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#591473 - 30th Sep 2011 12:41pm Re: vehicles across driveway [Re: AlexB]
_Ste_ Offline


Wiki Master

Registered: 7th Aug 2005
Posts: 16021
Loc: New Brighton
Originally Posted By: alexb


But can be classed as a criminal offence if a few different criteria are met.


Where did you get that from?
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http://www.youtube.com/user/stetopop

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#591490 - 30th Sep 2011 12:57pm Re: vehicles across driveway [Re: leboo]
SUExx Offline
Forum Addict

Registered: 4th Jan 2009
Posts: 1705
Loc: new ferry/bebington
Interesting this thread as only the other week i came across the same situation at my mums.

She lives in a cul de sac of 24 houses, the circled bit is 4 houses long so there is plenty of room to turn a car round but as for parking thats a different story. My mum has lived there for early 50 years now, so from not many people then having cars to 1 or2 in same family the cars have become more and as well people have made their fronts gardens in to drives.
As my mum lives squashed into the corner with only the width of the front gate she canmt do that so when any one goes to visit hers or have anything delivered they cant get near her house.
Its now about 90% of the 24 houses that now have drives so there is nowhere to park.
But it seems this will be a problem that will never go away as we went to the one stop shop and they put us in touch with someone who said there is nothing that can be done, so all visiters to my mums have to park at trhe top end of the cul de sac eve though she lives at the bottom end,





Edited by SUExx (30th Sep 2011 12:58pm)

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#591526 - 30th Sep 2011 1:21pm Re: vehicles across driveway [Re: leboo]
leboo Offline
Newbeee

Registered: 13th Mar 2011
Posts: 36
Loc: bidston
cheers guys happy clap 1 last thing i'd like to ask .....
who? / how? do i make a complaint or bring this issue to the attention of? think maybe as a concerned joe member of public ? as my mum nlaw is bit worried over repercussions from angry joyride we dont want any handbag @dawn or evening any time of the day to be honest!!! xxxxx

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