Parking across a driveway

[Nimrod103]

A local discussion has arisen because somebody has parked on the white line/dropped curb across somebody's driveway.

I am sure I read in the legal column of a newspaper that this was legal provided the driveway was unoccupied, and would only be regarded as causing an obstruction if a vehicle was trapped on the driveway. This provision was different in London where parking across a dropped curb was always illegal.

However, looking at Google, I cannot find this analysis, and it states parking across a driveway is always illegal.

Does anyone know the correct legal situation?

[Lootman]

I am sure I read in the legal column of a newspaper that this was legal provided the driveway was unoccupied, and would only be regarded as causing an obstruction if a vehicle was trapped on the driveway.

I do not know but if that were a law then it would be a strange one. Many driveways lead to a garage and it would not be possible from the road to determine if there was a vehicle inside that garage that would then be "trapped".

[ReformedCharacter]

A local discussion has arisen because somebody has parked on the white line/dropped curb across somebody's driveway.

I am sure I read in the legal column of a newspaper that this was legal provided the driveway was unoccupied, and would only be regarded as causing an obstruction if a vehicle was trapped on the driveway. This provision was different in London where parking across a dropped curb was always illegal.

However, looking at Google, I cannot find this analysis, and it states parking across a driveway is always illegal.

Does anyone know the correct legal situation?

I seem to remember that it is illegal 'to prevent access to the highway' which would agree with the legal column you quoted. But I could well be wrong.

RC

[monabri]

A local discussion has arisen because somebody has parked on the white line/dropped curb across somebody's driveway.

I am sure I read in the legal column of a newspaper that this was legal provided the driveway was unoccupied, and would only be regarded as causing an obstruction if a vehicle was trapped on the driveway. This provision was different in London where parking across a dropped curb was always illegal.

However, looking at Google, I cannot find this analysis, and it states parking across a driveway is always illegal.

Does anyone know the correct legal situation?

I seem to remember that it is illegal 'to prevent access to the highway' which would agree with the legal column you quoted. But I could well be wrong.

RC

That's my understanding too.

( mind you....why not just park your car on someone else's nice empty drive if your driveway is blocked by a car )

[JohnB]

It is an offence to park across a driveway with a dropped kerb. Highway Code Rule 243 states that drivers should not stop or park “where the kerb has been lowered to help wheelchair users and powered mobility vehicles” or “in front of an entrance to a property”. It is an offence to park across even a small part of the drive.

https://askthecarexpert.com/parking-across-a-driveway/

It apparently depends on whether parking issues are delegated to council or police, but I expect practically its a civil issue where you'd sue for deprecation of access rights to your drive. Parking on your driveway is trespass, a civil issue.

[Gerry557]

Rule 243 of the highway code says no.

They could get a penalty charge notice. If they are caugh! Is it a one off or regular thing. The council could be contacted to apply any penalty.

I remember a particular person who used to park his truck inconsiderately on a road with limited parking. The neighbours tried to reason with him to no avail and his poor parking was making people late for work.

Things took a turn when he started being late for work. One morning he had x6 flat tires. I suspect someone let them down Then he was blocked in. The just knock on my door and I'll move it excuse wasn't taken well when done on him.

Events esculated until it was found that commercial vehicles were not allowed to be parked there over night and eventually it stopped. Was a much better place without just one person.

Unfortunately there are more and more cars and less places to park so likely to become more of a problem.

[dionaeamuscipula]

Unfortunately there are more and more cars and less places to park so likely to become more of a problem.

Just wait until everyone needs a charging point.

My mother had an old photograph of some children happily playing in the middle of the road in their quaint Dorset village. That road is the A35.

DM

[Lootman]

It is an offence to park across a driveway with a dropped kerb. Highway Code Rule 243 states that drivers should not stop or park “where the kerb has been lowered to help wheelchair users and powered mobility vehicles” or “in front of an entrance to a property”. It is an offence to park across even a small part of the drive.

https://askthecarexpert.com/parking-across-a-driveway/

It apparently depends on whether parking issues are delegated to council or police, but I expect practically its a civil issue where you'd sue for deprecation of access rights to your drive. Parking on your driveway is trespass, a civil issue.

I see no practical difference between being prevented from leaving my home and being prevented from returning to my home. So it strikes me as odd that the law makes such a distinction, if indeed it does.

And yes, it is also my understanding that infringing on a driveway is illegal even if it is only by (say) a foot, and even if vehicles can still enter or leave. But presumably only if there is a kerb cut approved by the local authority.

There was a discussion here quite recently about how in the US you can have an offending vehicle towed away, at its owner's expense, if it blocks your driveway. If that offence is only a civil matter in the UK then that is ridiculous, since it can take weeks or months to get any remedy from a civil action. And what you really need in that situation is that vehicle gone pronto.

I recall in my youth getting out my trolley jack, raising the rear wheels of the offending car, and then pushing the car out into the road, whereupon the police were called and they removed the vehicle. It never came back and tried that again.

[mc2fool]

A local discussion has arisen because somebody has parked on the white line/dropped curb across somebody's driveway.

I am sure I read in the legal column of a newspaper that this was legal provided the driveway was unoccupied, and would only be regarded as causing an obstruction if a vehicle was trapped on the driveway. This provision was different in London where parking across a dropped curb was always illegal.

However, looking at Google, I cannot find this analysis, and it states parking across a driveway is always illegal.

Does anyone know the correct legal situation?

In London:

Someone blocking your driveway

If someone has blocked your driveway so you can’t drive in, we appreciate this can be very frustrating.

If you can find the owner of the vehicle, we’d first recommend asking them politely to move it. If you can’t find them, try leaving a note on their windscreen. After all, they may not realise they have caused a problem.

If this doesn’t work, please contact your local council.

If a person has blocked your driveway and is preventing you from getting your own vehicle out, we may be able to help. You can report antisocial behaviour online.

Illegal parking

If the vehicle is parked:

on zig zag lines
dangerously
in a way that would prevent emergency vehicles from accessing

You can report these to us online

If the vehicle is parked:

over a dropped kerb
on a pedestrian crossing (including the area marked by the zig-zag lines)
in spaces reserved for Blue Badge holders, residents or motorbikes (unless entitled to do so)
in marked taxi bays, cycle lanes or red lines
near a school entrance, bus or tram stop

Please report it to your local council.

https://www.met.police.uk/advice/advice-and-information/asb/asb/antisocial-behaviour/nuisance-parking/

[servodude]

https://askthecarexpert.com/parking-across-a-driveway/

It apparently depends on whether parking issues are delegated to council or police, but I expect practically its a civil issue where you'd sue for deprecation of access rights to your drive. Parking on your driveway is trespass, a civil issue.

I see no practical difference between being prevented from leaving my home and being prevented from returning to my home. So it strikes me as odd that the law makes such a distinction, if indeed it does.

There's a distinct difference between "not being able to leave and drive to where you need to go" and "having to park somewhere near the house that isn't your driveway"

[Lootman]

I see no practical difference between being prevented from leaving my home and being prevented from returning to my home. So it strikes me as odd that the law makes such a distinction, if indeed it does.

There's a distinct difference between "not being able to leave and drive to where you need to go" and "having to park somewhere near the house that isn't your driveway"

There is if you can easily park on the street if you have to. (Not that you should have to, mind).

But what if my house is a mile down that drive? What if I live in London with no legal street parking nearby?

In practice these problems do not happen where there is ample alternative parking. They happen where street parking is tough.

[didds]

There's a distinct difference between "not being able to leave and drive to where you need to go" and "having to park somewhere near the house that isn't your driveway"

There is if you can easily park on the street if you have to. (Not that you should have to, mind).

and what if the driveway is access to the home of a severally disabled person?

[servodude]

There is if you can easily park on the street if you have to. (Not that you should have to, mind).

and what if the driveway is access to the home of a severally disabled person?

It would still mean the difference between missing a medical appointment and being inconvenienced on the way home. It's a pretty easy to understand difference and that's why it is treated differently in some domains.
In either case the scrote shouldn't have parked across the drive - but one case is more likely to have a significant downside

[Lootman]

and what if the driveway is access to the home of a severally disabled person?

It would still mean the difference between missing a medical appointment and being inconvenienced on the way home.

But what if the blocked vehicle is a doctor trying to visit a patient at home, and cannot?

It really is a distinction without a difference - people should have access to and from their homes at all times. And those who block such access cannot reasonably complain if their vehicle is towed, damaged, confiscated or otherwise dealt with.

But it is good to know that even inconsiderate scoundrels have their cheerleaders and supporters. You gotta fight for your right to be selfish these days.

[Nimrod103]

It would still mean the difference between missing a medical appointment and being inconvenienced on the way home.

But what if the blocked vehicle is a doctor trying to visit a patient at home, and cannot?

It really is a distinction without a difference - people should have access to and from their homes at all times. And those who block such access cannot reasonably complain if their vehicle is towed, damaged, confiscated or otherwise dealt with.

But it is good to know that even inconsiderate scoundrels have their cheerleaders and supporters. You gotta fight for your right to be selfish these days.

Personally, I never park across a driveway, access point, dropped curb etc. However, I note many houses in my town which have high wooden gates (often a side access without a clear dropped curb), with daubed letters saying 'do not park outside gates' or 'driveway in constant use', yet I know for certain that these gates haven't been opened in 10 years.
Who is being selfish? Who polices it?

[moorfield]

Alternatively put a big bulky holdall with a few wires sticking out underneath it and call it in as a suspicious device. Anonymously of course, and have an excuse to be away from home for a while.

It should be gone by the morning.

[Crazbe7]

A local building firm has been parking their vehicles across a number of dropped kerb drives in our lane.

The response from the council was that it was a police matter. They had no powers. Of course it could be that Sevenoaks CC are trying to avoid doing any action. That is their speciality.

Crazbe7