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> Is It Illegal To Block Someone's Private Driveway!
DippyDappyCow
post Sep 8 2010, 16:17
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A friend of mine is having problems with his neighbour.

They park outside his house in front of his driveway (this is a dipped driveway).

He's asked me to see if I can find out what the law is on this.



Now as far as I can see, the Highway Code states:

"Highway Code which in paragraph 243 requests that motorists "DO NOT PARK in front of an entrance to a property".


However, if they take things further and report the offender to the police - it often comes as a big surprise to find out that it isn't actually illegal for a motorist to park in front of a private driveway, despite what you think the Highway Code is saying. The important thing to pay attention to is the language used in the rulings. If 'Do not' is used, then this is advisory and should be followed - but there is no legal comeback if a motorist chooses to ignore it. However, if the rule states 'Must not' then this is a legal requirement and the driver must therefore obey it or if caught or reported, face legal action. "

So as I see it, 'Must Not' is not being used in the Highway Code, so, in this instance it's a guideline, not a written law.





I've checked many online sites regarding this, including a Police website and I'm still confused.

All seem to say it's not illegal to park across someone's drive. BUT if someone does, and there's a car on the drive (or a garage where you can't possibly tell if there's a car in it), then you are breaking the law of OBSTRUCTION. It appears to be the only law that applies. You have the right to get onto the 'highway' and anyone blocking you in can be, if necessary, removed by the police.

Now, this is where the confusion starts. I'm finding some sites that say: Should you 'come home' and find a car across your drive, well, tough. You have to park somewhere else. The reason being, there's no obstruction stopping you getting 'ONTO' the highway. But then I'm finding other sites that say, it's an obstruction whether you're already on your drive or returning to your drive.

One guy on a police forum tried to make it clear by saying : for example, say you are blocked in your drive, and say there was an emergency, you couldn't get out. Therefore the law of obstruction only works with regard to you getting 'onto' the highway, not coming back home to your drive.

Does anyone have an uncle, aunt, SISTER (wink.gif) who can let me know the law on this please.

Even the police on the websites I have visited are unsure of the law. One case I read about, the owner of the house with the problem wrote to her local council with regard to the law of the roads in her area and was told it was obstruction whether the drive had a car on it or not! Some of the police said no way... obstruction only counts if there's a car on the drive at the time. Other police agreed with her.

So, anyone out there that can give me THE LAW on this. Thank you.

This post has been edited by DippyDappyCow: Sep 8 2010, 16:19


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theMaster
post Sep 9 2010, 23:41
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My sister no longer works for the coppers, so would be of no assistance (she left a few years back).

My feeling is pretty much as you disclosed. Blocking a driveway is not illegal per se, preventing access to a highway is obstruction and is.

Realistically it'd have to go through the courts; there may be case law and precedents, but I doubt it'd be a police matter unless there was an emergency.

Personally I'd suggest having a friendly mechanic "recover" the vehicle to some double yellows.


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chip
post Sep 10 2010, 07:44
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Smash the window, remove the handbrake and push it out the way. Or the next time the person is getting into their car walk out, smack em and tell em to stop parking in front of your bloody drive


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DippyDappyCow
post Sep 10 2010, 09:17
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Errr he's in his 70's. 75 to be exact. smile.gif

He just wondered when this guy says to him 'I can park here mate' whether he's legally allowed to.

Everyone seems to be agreed about the obstruction 'to the highway', but no one can give me law on an empty drive?

My friend does not have a car, but he has visitors. And if this guy parks outside his drive, not only can't his visitors park on the drive, they can't park outside his home either. He's also had problems with deliveries in the past.

I find it extraordinary that there is no 'set law' on this.

Surely it's either illegal or it isn't. Strange.

I may ring the police and find out what they think - may ring the Council too.

Thanks.

This post has been edited by DippyDappyCow: Sep 10 2010, 09:19


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waylander
post Sep 10 2010, 22:12
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Start a fire...call the fire brigade and let them beat the crap out of the car...

This post has been edited by waylander: Sep 10 2010, 22:13


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DippyDappyCow
post Sep 10 2010, 22:59
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I'm lovin' all these suggestions, but I just can't see him doing it somehow smile.gif

Hey ask your Dad for me wink.gif Pretty please smile.gif (Or was the post above your Dad's idea!) lol


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Dash Rendar
post Sep 11 2010, 08:51
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Welcome back, Waylander!


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waylander
post Sep 11 2010, 09:59
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TY tongue.gif

I always come back...work keeps me busy, as do the 2 kids.


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Melly Munster
post Mar 21 2013, 11:21
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We live next door to a very busy Tesco Express. Even though we have signs up saying not to park in front of our gate (there is a small recess on our drive, enough for one car to drive onto before we open our gate), many people still park in front of the gate and go to do their shopping. There is no parking whatsoever for the Tesco Express as they clearly greased somebody in the Planning Dept's palm with silver and got their planning permission regardless of this one huge issue (no parking for their customers).

Even though the local Highways Agency have now promised to put double yellow lines all along the road at the entrance to our property, it is still highly likely that cars will park in the little recess at the entrance to our drive and block us in. We have put a "stinger" down. These are used by Police to stop a criminal speeding towards them and they damage the tyres of the vehicle. We have a sign that clearly states a "stinger" is on the entrance to the drive and to enter at own risk.

We've had four cars mash up their tyres on our homemade "stinger" and they always threaten physical harm once their cars tyres are destroyed. They've chosen to drive onto private property and if they can't read the signs then that is their problem. We remove the stinger when we want to enter or leave (it is locked onto a metal chain at the entrance to our driveway). You can pay for those very expensive permanent sharp "grates" built into the entrance to the drive (they retract when you put a key into a slot) but these are costly.

If your elderly neighbour is being blocked in by another difficult neighbour then I would strongly suggest putting a sign up warning of a "stinger" in place. They'll soon know he means business and will back off. If they insist on parking there, then let them damage their tyres of their own free will. There is just no excuse for what they are doing, it is not their property and they are bullies if they think they can keep doing this and know that to stand up to them would cause distress. A bully comes unstuck when they bully a bigger bully. Good luck.
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Dash Rendar
post Mar 23 2013, 12:12
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I'm loving that. How do you make a homemade stinger?


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valeria
post Dec 2 2013, 04:56
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Very nice information, thanks for sharing it.
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