View Full Version : Can I park here?


Leigh
13-12-2004, 01:15
i was wondering whether it is legal to park in front of a drive where the kerb is not lowered. my friend and i both parked our cars in front of the drive (last space on entire road) and our cars were egged - what is my legal position?

thanks

Strix
13-12-2004, 01:20
Don't think egg constitutes criminal damage. Try being more considerate next time. Walking doesn't generally kill people. Where would you have parked if somebody had already taken this 'space'?

HotPhil
13-12-2004, 05:40
Surprised you got away with just an egging! Not sure what the legal position is on blocking someone's access (suspect you could be done for blocking the public highway as you'd be restricting access to/from it from a private drive(?)) but as Strix says, may be worth being a bit more considerate in future.

Saxon
13-12-2004, 06:25
Highway Code rules 214 - 217:

http://www.highwaycode.gov.uk/22.shtml#213

You will note that rule 217 says DO NOT rather than MUST NOT which means it is not illegal but it is 'suggested' you do not do it. It is also interesting to note that it says "in front of an entrance to a property" rather than specifically mentioning the dropped kerb in front of a property.

So strictly speaking, no you were not doing anything illegal but should, perhaps, have put a bit more thought into it. In a situation like this, put yourself in the shoes of the other person and think how they would have felt.

Cyclone
13-12-2004, 07:27
if the drive owner contacts the council they can have your vehicle towed away. Or if they have a trolley jack they might drag it into the middle of the road for you and leave it there.

Is it criminal damage to remove someones wheels and leave them stacked next to the car (leaving the car on bricks so as not to damage it)?

muddycoffee
13-12-2004, 07:35
On my street parking is extremely tight. The situation is made worse by people parking very badly. I often come home to find that there is a space big enough for 2 large cars, with a small car parked in the middle preventing anything else parking at all. When there is a large space in front of my house, I don't park bang in front of the house, I park up to an adjacent car so that one of my neighbours can get in as well. Why people can't do this as a normal courtesy is baffling to me.

fnkysknky
13-12-2004, 08:28
You should try living above a chinese supermarket - our road is always full of people using the shop and it's always a nightmare to park. Usually end up on double yellows as there's nowhere else nearby. Obviously gets ridiculously busy as it's a pretty specialised shop - good for the owner, bad for us :)

Angel05
13-12-2004, 09:06
Originally posted by Leigh
i was wondering whether it is legal to park in front of a drive where the kerb is not lowered. my friend and i both parked our cars in front of the drive (last space on entire road) and our cars were egged - what is my legal position?

thanks

I have always wondered this myself...

I live in an area where some drives have not had the kerb lowered... I thought like you it was ok to park in front of them reason being the kerb hasnt been lowered so surely its not a proper drive way as such...

ps... I've never parked in front of one tho just in case :?

Yodameister
13-12-2004, 09:19
Well obvously whether it is illegal or not, and whether you are going to **** people off are two different issues.

As far as I know, yes you are perfectly entitled (legally) to do it, and yes, you will **** people off.

Angel05
13-12-2004, 09:32
Originally posted by Yodameister
Well obvously whether it is illegal or not, and whether you are going to **** people off are two different issues.

As far as I know, yes you are perfectly entitled (legally) to do it, and yes, you will **** people off.

Good answer lol

HotPhil
13-12-2004, 09:52
The situation is made worse by people parking very badly. I often come home to find that there is a space big enough for 2 large cars, with a small car parked in the middle preventing anything else parking at all.
One of two observations I guess, either
a) if you keep an eye out I suspect you'll find that the large "space" isn't there all day and that when you see someone apparently taking up several spaces, they in fact parked quite sensibly at the time they arrived
- or -
b) you live near a load of gits

muddycoffee
13-12-2004, 09:58
Originally posted by fnkysknky
You should try living above a chinese supermarket - our road is always full of people using the shop and it's always a nightmare to park. Usually end up on double yellows as there's nowhere else nearby. Obviously gets ridiculously busy as it's a pretty specialised shop - good for the owner, bad for us :)

you have my simpathy. I sometimes have to park on another road, but I have lived in places where you had to get home before 4pm before you could get anyware near my road let alone house. I don't think there's anything you can do apart from lobbying for a residents parking scheme. Where I am now there is a local honda car dealership, and they often fill up the local streets with older cars so that their car park on the premises is nice and clear. And we also get people who leave their cars in our street and catch the bus to town because it's cheaper than paying for town centre parking. This is a problem in many parts of sheffield. And is extremely annoying.

Angel05
13-12-2004, 10:00
Originally posted by hotphil
One of two observations I guess, either
a) if you keep an eye out I suspect you'll find that the large "space" isn't there all day and that when you see someone apparently taking up several spaces, they in fact parked quite sensibly at the time they arrived
- or -
b) you live near a load of gits

How true is that...

I the other day was parking in a Mcdonalds car park imbetween 2 badly parked cars... i just drove straight in when my partner pointed out to me that i wasnt in the white lines... i only parked the way i did so an other car could get in beside me... With a bit of thought i reversed out an parked within the proper white lined space... showing just how badly the 2 cars beside me had really parked :lol:

Sorry slighty off thread there :(

Leigh
13-12-2004, 12:20
Originally posted by Strix
Don't think egg constitutes criminal damage. Try being more considerate next time. Walking doesn't generally kill people. Where would you have parked if somebody had already taken this 'space'?

Firstly, a car is never in their drive, so what they need access for i don't quite now. Secondly, why should i have to walk, why don't they? It's the same principle as we've established that legally our rights are the same to that piece of road. Thirdly, I only park there when there are literally no other spaces on the road, but since they egged my car i might have to re-consider that. By defacing my property, their argument loses all credence.

Edd
13-12-2004, 12:26
Originally posted by Leigh
but since they egged my car i might have to re-consider that. By defacing my property, their argument loses all credence.

They're not trying to win an argument - they're trying to stop you blocking access to their property! - looks like its worked a treat!!

:suspect: :twisted: :wink:

Leigh
13-12-2004, 12:29
Originally posted by Edd
They're not trying to win an argument - they're trying to stop you blocking access to their property! - looks like its worked a treat!!

:suspect: :twisted: :wink:

I'm merely blocking access to their unused drive to which i'm legally perfectly entitled to. I will not be considerate to those who have no consideration for my property.

Cyclone
13-12-2004, 12:31
Originally posted by Leigh
Firstly, a car is never in their drive, so what they need access for i don't quite now. Secondly, why should i have to walk, why don't they? It's the same principle as we've established that legally our rights are the same to that piece of road. Thirdly, I only park there when there are literally no other spaces on the road, but since they egged my car i might have to re-consider that. By defacing my property, their argument loses all credence.

what they need access for isn't really the point is it.

I have a drive, sometimes i choose not park on it and park across it instead, i can do that because it's my access to block.
When someone else parks across it I put a note on the windscreen that looks like a parking ticket until unfolded asking them not to do it again. I also keep a note of the registration, haven't had anyone do it twice yet. I've also been known to sit in the car and blow the horn until someone comes out to move it (if there's no other space to park in), normally works.

They don't have to walk because they have a drive. whether they choose to park in it or to park across is their business really. Although if they have 2 cars it's a bit greedy not to park in it and across it.
And it's not the same principle, you both have the same right to drive on that bit of road, but you have an obligation not to obstruct access to a driveway, they don't have that obligation to their own driveway.

Edd
13-12-2004, 12:33
Originally posted by Leigh
I'm merely blocking access to their unused drive to which i'm legally perfectly entitled to. I will not be considerate to those who have no consideration for my property.

You have a legal right to use the highways of course (assuming you have a valid road tax disc :P ), but you dont have a legal right to block access. Whether or not the drive was in use at the time (or at any time) is not relevant.

I agree they could have been more considerate though :) Did you leave a note on your car giving them a number they could reach you on if they required access?

Strix
13-12-2004, 12:40
Originally posted by Leigh
Firstly, a car is never in their drive, so what they need access for i don't quite now. Secondly, why should i have to walk, why don't they? It's the same principle as we've established that legally our rights are the same to that piece of road. Thirdly, I only park there when there are literally no other spaces on the road, but since they egged my car i might have to re-consider that. By defacing my property, their argument loses all credence. You're lucky they're nice people. I'd have let your tyres down. My friend with a landrover would've towed you into the middle of the road, and I've heard that 'please don't park here' notices pritted to all of your windows are really difficult to remove :D

And how do you know what usage their driveway gets? I'm not surprised there's never a car on it if 'people' like you keep parking across it.

I bet you didn't even have the courtesy to leave your phone number in the window so they could ask you to move the offending vehicle if necessary.

It's inconsideration like your's that causes the 'rage' problems in society today.

HotPhil
13-12-2004, 13:04
For all the parker knows, the drive is required for the diasbled owner of the house to be picked up each lunchtime and taken to hospital for physiotherapy or something. It may not be being used at the time someone blocks it, but that's no real excuse for the selfishness of doing so.
Many people park in my road and then get the tram during the day. They cause all kinds of nuisance but by and large park reasonably sensibly. However, if I had a drive and got home each night to find that I couldn't get into my drive because someone had driven to where I live and dumped their car, I can't say I'd be terribly chuffed. It's just rude.
And just because something's not illegal doesn't mean it's right to do it. The parker may feel they have no choice but to park in that spot, but that's not really a point of view that stands up.
If the residents of the area start complaining enough then the parker may be forced to do something else as one of those ridiculous "20mph residents only" areas gets introduced.

Yodameister
13-12-2004, 13:56
Originally posted by Edd
You have a legal right to use the highways of course (assuming you have a valid road tax disc :P ), but you dont have a legal right to block access. Whether or not the drive was in use at the time (or at any time) is not relevant.

I agree they could have been more considerate though :) Did you leave a note on your car giving them a number they could reach you on if they required access?

The point is not whether or not it is in use at the time, but whether it is a "driveway".

If it does not have a drop kerb it is highly unlikely that it is officially recognised as a driveway.

cgksheff
13-12-2004, 15:20
[QUOTE]Originally posted by Yodameister
[B]The point is not whether or not it is in use at the time, but whether it is a "driveway".

Sorry, but the real point is that it is very sad that someone thinks that it is acceptable to block someone's access (contrary to the highway code and contrary to what I regard as common decency).

If you look at some of Leigh's other posts you will realise that the right for him to park his car close to where he wants is something rather important to him!

Tony
13-12-2004, 17:17
It sounds like Leigh is just a self-centred, pig-ignorant person who quite frankly is lucky only to have his car egged.

I would have been tempted to drag his car into the middle of the road and called the police to report the blockage of the road by a heavily vandilsed, abandoned, stolen car.

saxon51
13-12-2004, 21:14
But surely if they haven't got a dropped kerb, then they don't have a legal right to claim this as access to their property.

Surely anyone can rip out some privet, concrete a bit of front garden and claim this pathetic right to 'own' the piece of road in front of their house.

These clowns who egged the car are obviously nutters:loopy:

Anyhow, the highway code states 'access', not 'vehicular access'.

saxon51
13-12-2004, 21:16
Originally posted by cgksheff
[QUOTE]Originally posted by Yodameister
[B]If you look at some of Leigh's other posts you will realise that the right for him to park his car close to where he wants is something rather important to him!

Exactly like the prat with the spare eggs!!!

Leigh
14-12-2004, 01:48
The fact is that parking is extremely sparse on the road and they wish to retain access of their unused drive, they should therefore appeal to people's caring and thoughtful side. A sign saying 'Please don't park here' simply doesn't do this. Why should i have to walk further, just so they don't.

If the sign said, 'It would be much appreciated if this space was left free, Thanks", i would not have parked there. They had a second chance to do so once i had parked there, perhaps with a polite note. But egging any car which parks there is simpy ridiculous. They knew (or should've known) when they bought the house, that parking was extremely tight and therefore the onus to create good relations falls with them.

Strix
14-12-2004, 02:01
Originally posted by Leigh
The fact is that parking is extremely sparse on the road...........
They knew (or should've known) when they bought the house, that parking was extremely tight and therefore the onus to create good relations falls with them. And you knew when you set out that day that parking was tight, so by your reconning, the onus is on YOU to create good relations

Boy are some people full of themselves. Where's my Pritt stick? and the car jack?
Quit whining and learn some good old fashioned manners.

Leigh
14-12-2004, 02:08
There's no onus on me to create good relationships. No one will save me a parking space if i plea to their good nature...I don't have an unused drive. Fact is, no1 else parks in that space so there's always a space for me - perfect.

Edd
14-12-2004, 07:57
Originally posted by Leigh
A sign saying 'Please don't park here' simply doesn't do this. Why should i have to walk further, just so they don't.

...

If the sign said, 'It would be much appreciated if this space was left free, Thanks", i would not have parked there.

Come on! Thats unfeasibly pedantic! You would ignore a sign saying "please do not park here" but not one that said "it would be appreciated if you left this space" Are you for real?!? Whats the difference??!! :loopy:

The reason you should have to walk further is that they have PAID for the privilege not to have to walk. You yourself said that parking was sparse on the road - maybe thats why they:

a) Paid for somewhere to park off road
b) Get so irate when other people block their access

I dont see anyone else on this thread agreeing with your point of view Leigh!

Cyclone
14-12-2004, 08:22
Originally posted by Leigh
The fact is that parking is extremely sparse on the road and they wish to retain access of their unused drive, they should therefore appeal to people's caring and thoughtful side. A sign saying 'Please don't park here' simply doesn't do this. Why should i have to walk further, just so they don't.

If the sign said, 'It would be much appreciated if this space was left free, Thanks", i would not have parked there. They had a second chance to do so once i had parked there, perhaps with a polite note. But egging any car which parks there is simpy ridiculous. They knew (or should've known) when they bought the house, that parking was extremely tight and therefore the onus to create good relations falls with them.

they don't have to do any appealing. maybe people like you finding their cars towed away will be enough to stop people blocking their access.
Egging your car (if it's the first time you've parked there) is over the top, but they bought a house with a drive, they don't have to worry about the tight parking situation, and nor should they ahve to worry about people with no manners blocking the access to their driveway.
You presumably bought a house without a drive, so the tight parking is your problem. If you persist and park in front of their drive again I wouldn't be surprised to find your car on bricks, if you can find it all when you come back for it.

Leigh
14-12-2004, 11:01
I will not compromise to make the lives of yobs easier.

Strix
14-12-2004, 11:07
Originally posted by Leigh
I will not compromise to make the lives of yobs easier. And wouldn't it be hilarious if they're a fellow forumer??

They'd be able to tell who you are!! And you're gunna be in for it next time you park there if they've read the arrogant postings you've made!!! :hihi: :hihi:

How dim are you?

Cyclone
14-12-2004, 11:10
Originally posted by Leigh
I will not compromise to make the lives of yobs easier.

do you think they are a yob because they own a drive or because they egged your car?
maybe they thought you were a yob for parking in front of their car.

Skatiechik
14-12-2004, 11:27
Originally posted by markham
But surely if they haven't got a dropped kerb, then they don't have a legal right to claim this as access to their property.

Surely anyone can rip out some privet, concrete a bit of front garden and claim this pathetic right to 'own' the piece of road in front of their house.

These clowns who egged the car are obviously nutters:loopy:

Anyhow, the highway code states 'access', not 'vehicular access'.

I am with you on this one.

I also know if someone egged my car, I would be reporting them for criminal damage, and billing them for a respray on the effected area that they damaged. Criminal Damage is not the answer to anything, a polite note would have done on Leighs car.

Also for those of you who are going to argue that eggs can't damage the car they can. Unfortunately a friend of mines car got damaged with eggs being thrown at it on bonfire night. The people that did that are now being taken to court for criminal damage as they were caught on CCTV.

Strix
14-12-2004, 11:30
Sounds like there's more to that story. How exactly does egg damage a car??

Tony
14-12-2004, 11:46
So if I catch that racing pigeon and trace the number on its leg, I can claim against the owner for cleaning the poo from my car?

Cyclone
14-12-2004, 12:05
if egg damages your paintwork you should be taking the manufacturer to court for using defective paint and lacquer.

last time i checked eggs weren't acidic or alkaline so whilst not about to egg my own car to test it, i'm fairly sure that it won't damage your paintwork. Unless the shells cause scratching as they break.

Saxon
14-12-2004, 12:12
If its thrown hard enough and close enough, and the 'pointy bit' hits the car, it will damage the paintwork by causing like a ripple effect fron the point of impact.

I know - I've had it happen to me with a previous car near the Handsworth exit off the Parkway. Its not much bit you can see it if you get it in the right light and at the right angle

Leigh
14-12-2004, 12:21
Originally posted by Strix
And wouldn't it be hilarious if they're a fellow forumer??

They'd be able to tell who you are!! And you're gunna be in for it next time you park there if they've read the arrogant postings you've made!!! :hihi: :hihi:

How dim are you?

not very, 19 yr old second year law student....urself?

Tony
14-12-2004, 12:57
Originally posted by Leigh
not very, 19 yr old second year law student....urself? God help us all!

Greenback
14-12-2004, 13:11
So, you plonk a heavy lump of metal slap bang in front of someone else's drive, blocking their access. Then, after reaping the (mild) consequences, you go on to claim the moral high ground?

The world's gone mad :loopy:

Yodameister
14-12-2004, 13:15
The point that people have been trying to make is that if there is no drop kerb then it is not "Their Driveway" it is "their bit of land in front of their house" and they have no right to drive their car into it.

Okay it sounds pedantic (and if you really did block someone in like that it would be unreasonable), but it IS the law as it stands. Whether you agree with it or not that is indisputable.

Greenback
14-12-2004, 13:25
Originally posted by Yodameister
The point that people have been trying to make is that if there is no drop kerb then it is not "Their Driveway" it is "their bit of land in front of their house" and they have no right to drive their car into it.

Okay it sounds pedantic (and if you really did block someone in like that it would be unreasonable), but it IS the law as it stands. Whether you agree with it or not that is indisputable.

I understand that, but it's just common courtesy not to park in front of it.

Yodameister
14-12-2004, 13:26
I agree, but a lot of people can't seem able to tell the difference between what is technically legal and illegal, and what is unneighbourly, and it annoys me more than it should!!

Cyclone
14-12-2004, 14:28
Originally posted by Tony
God help us all!
no fair.

would my post have been left if I said that's funny and appropriate Tony? It's not like I quoted a huge chunk of text and just added a smiley, it was 3 smileys and only a small chunk of text.

I say again :clap: :D :clap:

Strix
14-12-2004, 14:34
Originally posted by Leigh
not very, 19 yr old second year law student....urself? Older and wiser than to aggravate people when I'm not there to defend my property, dearie :D And how dare you question my intelligence??? You get worse!! I've already got my degree, thanks. Your arrogance knows no bounds.

And I have parked across somebody's driveway before, but I left a note with the address I was visiting on it so they could ask me to move if necessary. And it didn't cost anything.

HotPhil
14-12-2004, 14:59
Now that's a mature way to deal with the difficulty of parking somewhere that Leigh could learn from. And I'll bet Strix's car wasn't egged...

Leigh
14-12-2004, 15:00
Originally posted by Strix
Older and wiser than to aggravate people when I'm not there to defend my property, dearie :D And how dare you question my intelligence??? You get worse!! I've already got my degree, thanks. Your arrogance knows no bounds.

And I have parked across somebody's driveway before, but I left a note with the address I was visiting on it so they could ask me to move if necessary. And it didn't cost anything.


1) 'How dare you question my intelligence?' u gasp when i question your intelligence, merely in response to your implications of mine - foolish person.

2) How exactly would you 'defend your property' after aggravating people?

3) If anyone blocked access to my unused drive i would never resort to defacing their property.

4) What was your degree in and what classification did you get?

cgksheff
14-12-2004, 15:34
Leigh,

One point that has not been raised yet:

Do you know for sure that it was the resident(s) with the "unused drive" that committed the egging?

Leigh
14-12-2004, 15:57
it's a pretty safe assumption considering the one time my friend parked his car there it was also egged.

saxon76tr
14-12-2004, 15:58
I have a drive, sometimes i choose not park on it and park across it instead, i can do that because it's my access to block.
once again cyclone shows no idea about law.
I pay my road tax cyclone tell me where you live and i will block your drive arrogant man

wibbles
14-12-2004, 15:58
Were they free range eggs???

Agent Gypo
14-12-2004, 16:01
A chicken has been denied life, all because of a car. Think of what that chicken could have achieved.

I hope you're proud of yourself.

HotPhil
14-12-2004, 16:03
it's a pretty safe assumption considering the one time my friend parked his car there it was also egged.
And you still parked there, knowing you were blocking somebody's drive/access/whatever and that someone previously got egged doing the same thing?
Really?
That surely makes whole point laughable.

Leigh
14-12-2004, 16:30
Originally posted by hotphil
And you still parked there, knowing you were blocking somebody's drive/access/whatever and that someone previously got egged doing the same thing?
Really?
That surely makes whole point laughable.

Your point is laughable considering your presupposing that his car was egged first.

Tony
14-12-2004, 16:30
Originally posted by cgksheff
Leigh,

One point that has not been raised yet:

Do you know for sure that it was the resident(s) with the "unused drive" that committed the egging?

Hehe... maybe it was just one of the people that Leigh meets in everyday life. He/she sounds like just the sort of person to get a good egging for merely the smallest of excuses! :thumbsup:


Originally posted by Cyclone
no fair.

would my post have been left if I said that's funny and appropriate Tony? It's not like I quoted a huge chunk of text and just added a smiley, it was 3 smileys and only a small chunk of text.

I say again :clap: :D :clap: I don't understand Cyclone. Has one of your posts been edited? If so - it's not me. :confused: . It may have fallen foul of the 'quality post with something to say' guideline - though I don't know.

Cyclone
14-12-2004, 17:17
Originally posted by saxon76tr
once again cyclone shows no idea about law.
I pay my road tax cyclone tell me where you live and i will block your drive arrogant man

Errm, sorry who mentioned the law. We already established that blocking someones access isn't a criminal offence.

If you happen to find my drive and block it, I will happily have your car towed away, good luck finding it. My drive and your car afterwards that is.
Do you think that because you pay road tax you can park wherever you like? Try the fast lane of the M1 as an experiment.
My point still stands, I cannot be accused of blocking access to my own driveway, so I can park there. Anyone else parking there obviously does block it, and is subject to removal without notice.

Tony - I expect it was the something to contribute reason, all I put were the 3 smilies. :clap: :hihi: :clap:

Leigh - I think Strixs point was that having not aggrevated anyone he wouldn't need to defend his property.

Greenback
14-12-2004, 17:52
Originally posted by Leigh
it's a pretty safe assumption considering the one time my friend parked his car there it was also egged.

Was you friend's car egged before yours was? If so, choosing to park there exhibits pretty strange behaviour.

max
14-12-2004, 18:24
Originally posted by Cyclone
Tony - I expect it was the something to contribute reason, all I put were the 3 smilies.

MOD:Ah, that would have been me then. No useful contribution in a post? No pm from me explaining it's deletion.

Leigh
14-12-2004, 19:25
For Greenback:

Originally posted by Leigh
Your point is laughable considering your presupposing that his car was egged first.

sigh.......no, his car was not the first to be egged, mine was.

nuf_said
14-12-2004, 19:44
Originally posted by Leigh
For Greenback:



sigh.......no, his car was not the first to be egged, mine was.

So, you'd already supposed the eggy present came from these angry neighbours yet you let your mate park in the same place and get the same treatment.

Leigh
14-12-2004, 21:14
Originally posted by nuf_said
So, you'd already supposed the eggy present came from these angry neighbours yet you let your mate park in the same place and get the same treatment.

what do you mean 'let your mate park there'. I told him what happened and he took it upon himself to park there when he couldn't find anywhere to park. We had previously put it down to circumstance.

A.B.Yaffle
14-12-2004, 22:07
Do you live on the road where this incident occured? If not, I would suggest you use the bus or tram and leave your car at home. Maybe you could even consider investing in a mountain bike.

We live on a street close to the University Arts Tower, and are constantly pee-d off with the selfish gits who park outside our homes. I think you should consider yourself lucky to have got off lightly with some egg on your car... if it had been me you had offended, it would have been rather more severe!

Cyclone
15-12-2004, 05:30
Originally posted by Patchy
Do you live on the road where this incident occured? If not, I would suggest you use the bus or tram and leave your car at home. Maybe you could even consider investing in a mountain bike.

We live on a street close to the University Arts Tower, and are constantly pee-d off with the selfish gits who park outside our homes. I think you should consider yourself lucky to have got off lightly with some egg on your car... if it had been me you had offended, it would have been rather more severe!

parkign outside your home is competely different. As several defendees in the driveway case have moaned, you don't own that patch of road.

Strix
15-12-2004, 06:22
Just as a point of interest to the law student who started this thread - these people are what juries are made of!

Nobody (much) is in the least bit interested in the law (which was your original point, I believe), merely in what they blieve to be right and fair!

When you posted the original thread about your car being egged, people were on your side. It is only what YOU have said HERE that has turned them against you.

Are you planning to be a conveyancing solicitor? :hihi:

jan2002
17-12-2004, 12:23
I think most of you have missed the point completely here

There is no dropped kerb = there is no planning permission in place for vehicular access = no right to cross the verge/footpath= against the rules/law, but no-one seems to accept that fact

So how can the access be being blocked:confused:

Saxon
17-12-2004, 12:38
Originally posted by jan2002
I think most of you have missed the point completely here

There is no dropped kerb = there is no planning permission in place for vehicular access = no right to cross the verge/footpath= against the rules/law, but no-one seems to accept that fact

So how can the access be being blocked:confused:

To be fair, I think you've missed the point.

I'll refer you again to

http://www.highwaycode.gov.uk/22.shtml#217

which is the online version of the Highway Code, ie the reference guide to which the courts would refer as it embodies the road traffic regulations.

You will note that it says you 'should not' park in front of the access to a property - it says nothing about a dropped kerb. Admittedly 'should not' is only a recommendation and not a legal requirement (which would say 'must not') but driving is all about attitude, and being courteous to other road users.

Obviously our 'friend' Leigh has a couldn't care less attitude towards other road users and what is right and wrong, and as Strix said

Nobody (much) is in the least bit interested in the law (which was your original point, I believe), merely in what they believe to be right and fair!

nuf_said
17-12-2004, 18:12
So, Leigh's neighbour hasn't a dropped kerb (a crossover) but does have a missing fence. The missing fence doesn't look like an access point I imagine. What would suggest it's an access point, especially in the dark? If Leigh can't park at a normal kerb outside a house with a missing fence, where can he park?

I'm still taking those ' see the other side of the argument ' pills.

cgksheff
17-12-2004, 20:06
Dear Mr Said (_Nuf)

Leigh's first post states: "i was wondering whether it is legal to park in front of a drive"

....in front of a drive.....

Suggests "access" to me.

If my reading serves me right, Leigh is not a neighbour. He is a law student looking for space to park while attending lectures.

I'm not taking the "pills"; which (I hope) allows me to see the situation clearly wothout argument.

Cyclone
17-12-2004, 22:11
i think to be considered as 'access' by the council it is technically correct that it should have a drop kerb.
Googling it seems to indicate that if there is no drop kerb it may actually be illegal to drive a motorvehicle over that section of pavement.
Still bad manners though as it is obviously used as access whether it's been approved and paid to have a drop kerb or not.

On a related note, spotted a car parked in front of my drive this evening (I do have a drop kerb, and some big gates, no chance of not seeing that it's a drive). I also noticed someone sat in the car.

So I parked my car elsewhere and was just going over to say "excuse me, how long do you think you'll be blocking my drive for" when someone else walked up, got in and drove off. The first person was in the passenger seat.
If I could find somewhere else to park, why couldn't they do that, rather than being lazy and blocking my drive whilst they did whatever it was they did?

nuf_said
17-12-2004, 22:17
Originally posted by cgksheff
Dear Mr Said (_Nuf)

Leigh's first post states: "i was wondering whether it is legal to park in front of a drive"

....in front of a drive.....

Suggests "access" to me.

If my reading serves me right, Leigh is not a neighbour. He is a law student looking for space to park while attending lectures.

I'm not taking the "pills"; which (I hope) allows me to see the situation clearly wothout argument.

Mr gk of sheffield:-
I fear you may be right......
He does acknowledge it's a drive - therefore knows it's someone's access.
I assumed he was referring to the road where he lives, you assumed he refers to parking at Uni (his earlier posts). We don't know do we? And it doesn't matter.
The pills are wearing off -"I can see clearly now (to music)".
So, you're right Leigh is a pillock.
Nuf_said.

What about when there's no dropped kerb and just a missing fence onto a muddy front garden - is that an access? Different position I know.

Zebra
18-12-2004, 11:37
I tend to feel that since you don't know the people you should not make assumptions.
Perhaps the drive owner is a heavily pregnant woman who would have trouble waddling to her car at the end of the road.
A she's just had a baby and would like to get kid plus bags plus buggy in the car without having to trek back to ther house 3 times, while having to take the child with her each time because she is alone.
Or perhaps a disabled person who has a wheelchair and uses their drive to get out of the car in their own time without feeling pressure to hurry to close the doors of the vehicle etc.
Since you don't know who they are and why they have a drive I think it's not a good course of action to park there with such a red rag attitude.
How would you feel if you spent, say £2,000 having a drive laid, adding to the value of your property, reducing the amount of parking spaces needed on the road, increasing the security of your car, (which btw using it reduces your car insurance), then some pillock parks across it, invalidating your insurance agreement on some level, wasting your £2,000 on another.
Treat others as you would have them treat you. You wouldn't like it if you were them and one day it might be you who has a drive etc.
Besides it's Christmas time, be charitable.

saxon51
18-12-2004, 16:26
Originally posted by Zebra
How would you feel if you spent, say £2,000 having a drive laid, adding to the value of your property, reducing the amount of parking spaces needed on the road,.................

.............whilst reducing the amount of parking spaces available to other road users in the process?

Zebra
18-12-2004, 16:47
Sorry Markham I disagree. In my case, it takes more room to park across my drive than in it. Maybe it depends on your car, a smart car wouldn't make much difference but a Volvo estate certainly would.
I'm thinking since cars are narrower in width than longer in length it still saves space.

saxon51
18-12-2004, 17:05
Good point Zebra.:thumbsup:

I'm thinking in relation to my road. We can only park on one side as it is too narrow, and the bend makes it dangerous for other traffic if we park on our side. When people drive off their driveways they need cars parked on the road to be a good six feet or so away from the entrances so they have room to swing out. And believe me, they won't hesitate to knock on your door and ask you 'politely' to move your car a bit so they can get in or out even when there's clearly room to swing a limousine.

The space that ends up being kept clear for these people works out at about one and a half car lengths! And if this isn't bad enough, a lot of them when they can't be bothered parking on the drive, park on the road, at the 'side' of their drive, instead of 'across' it, cutting down the parking available even more.

Now if that isn't thoughtless ignorance, what is?

Zebra
18-12-2004, 18:57
Sheesh, can't say I envy you.
There's about 3 cars width where I live and we can park both sides. There's generally either a mysterious someone or my partner who parks directly in front of our house and leaves exactly the width of the drive for me to get in.
I am an absolute master at precision reverse parking as a result lol.
In fact, mysterious someone was parked slightly across the drive tonight, which meant I had to reverse at a angle to get in and thank god for power steering.
There's a tiny ajoining wall to my neighbours drive which all the neighbours assumed I would knock over when I passed my test. 6 years on, it wasn't me, but rather a 65 year old friend with 40 odd years driving experience who tumbled the wall!