is it illegal?

  • Thread starter Thread starter imamartian
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imamartian

can you park in front of someone elses drive? we would all accept it's anti-social... but is it legal or illegal?
 
It's an obstruction of an access to the highway, which is a traffic offence that can be dealt with by the police.
 
If the drive has a car in, and you park across its obstruction and the police will call. If the drive is empty no obstruction is being caused and the police won't want know. Having a drop-down kerb does not give a right of way or ownership of footpath, just access if un-obstructed.
 
Hm, interesting point.

If there's no traffic offence, then preventing you getting into your drive constitutes a loss of amenity, and you could sue for damages in that respect, but that would be a lot of hassle for little gain.

The pragmatic action would be to create as much non-criminal awkwardness for the car driver as he/she does for you, be that taking pictures and magic-taping them to the windscreen (with the implied threat of being reported), or threatening them with an ASBO, or parking your car such that they can't get out without asking you, or just standing there calmly with a sledgehammer standing beside you...
 
If the drive has a car in, and you park across its obstruction and the police will call. If the drive is empty no obstruction is being caused and the police won't want know.
I agree with that because that's exactly how it happened to a neighbour.
 
About 12 years ago, I called the police out when I couldn't get my car up the drive because a car was obstructing it. The driver was given a £20 fixed penalty and a boll*cking for dropping his fag butt on the floor. :lol:
 
went to a job similar to this when i was in the police. As has been said, its an offence to block acess onto, but not off of the highway. The guy who was jumping up and down and causing a stink was a local counciller, because he couldnt get onto his drive. We told him there was nothing we could legally do. He then jumped up and down a few more times, demanding we got it towed away. I then tactfully pointed out that there were no longer any tow away scheme, because some dippy counciller had been instrumental and very vocal in getting them scrapped.........guess who that was! :lol:
 
http://www.askthe.police.uk/content/Q440.htm

Someone has parked his or her car and it is blocking my driveway ...

If the vehicle is blocking access to your driveway then you should first make enquiries with the neighbours to see if they know whom the car belongs to. If no one knows, then you should contact the police who will attend to the matter as soon as they are able.
Policy may vary from force to force, some forces may only attend if your car is blocked in and you cannot get out.


Looks like some will and some won't. :roll:
 
Im normally dead against private clamping and towing away firms but on an occasion like this i'd phone one up and get them to remove it.
 
It's an obstruction of an access to the highway, which is a traffic offence that can be dealt with by the police.

There is no such offence in the Road Traffic Act. There is nothing, legally, that the Police can do.

However, IF the Police do attend and trace the driver it is usually quite effective when they warn him that his conduct is anti-social and he could end up receiving an ASBO!

It worked with one Toss*r I knew who kept parking his TT in front of a property.
 
thats because it comes under the highways act 1980, not the road traffic act.
 
Thermo.

If this is the section you are referring to;

Obstructing free passage - Section 137 Highways Act 1980

If a person without lawful authority or excuse in any way wilfully obstructs the free passage along a highway, they are guilty of an offence.


This deals with the Highway itself - not access from private property onto it.

The Highways Act is dealt with, in the main, by the Local Authority.
 
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