neighbours blocking drive, help!

[sistar]

I have a small, unpaved driveway in front of my house, I will soon have it paved but at the moment its a bit rough. Anyway, it is clearly a driveway, with the gap in the wall and the lowered curbs, etc. However, this doesn't stop some of our neighbours and their friends from parking across there regularly.

What is my legal position on this? I've tried putting polite notices on the offending cars and got into a nasty confrontation with a tradesman working at a neighbour's when he blocked my car in and refused to move.

I dont want to fall out with my neighbours but I also want access to my drive-way.

What should I do?

[kempie]

Provided the dropped kerbs were installed by the local council i.e. in accordance with The Highways Agency stipulations, then there will be in Law an 'implied term' that you will have access to your property.

If someone then parks their vehicle in such a manner as to block your access, this constitutes "Wilful obstruction of the Highway" and is an offence subject to Section 137, Highways Act, 1980.

Also under Section 42, Road Traffic Act, 1988... "It is an offence for a person in charge of a motor vehicle or trailer to cause or permit the vehicle to stand on a road so as to cause any unnecessary obstruction".

Further reading here on a course of action prior to making a complaint to the Police.

[mfewell]

sistar, do you keep a car on it ? If you don't, then maybe your neighbours think there's nothing to obstruct. If you start using your drive, keeping a car there, the problem will go away (same happened to me).

[Loosehead]

Kempie is correct. I would take pictures showing them clearly obstructing your drive, make sure the number plate is showing and Ideally use a digital camera with a date and time stamp on the picture. Then let the police deal with it. if it's the same people regularly then put a copy of the picture on their windscreen with a small note saying that the pitcure has been sent to the police for prosecution under the highways act 1980. If that doesn't work sprinkle a handful of biscuit crumbs on the bonnet of there car!

[sistar]

thanks for the help so far.

Yes the drive is in constant use, I often return home several times during the day and my wife is a teacher so in and out during the hols and home by 5pm term-time, so the driveway is clearly used.

as for biscuit crumbs,hehe, I like your style!