Is It Illegal For Me To Park Here?

[v1ckzen73]

I have a neighbour who rents a garage from a housing association. The garage is next to but separate from their house and has a car parked on its drive, a car which, whether taxed or not i'm unsure, is most certainly off the road and unused. They have the opinion that i am stopping them from using the garage however I am unable to figure out how this is as the car never ever used. There is a dropped kerb but I fail to see how I am causing any kind of obstruction to a permanantly parked vehicle. Anyone know where I stand?

[Hopkirk]

This is a wind up.

[woofgang]

if there is a dropped kerb, you may not obstruct it.

[shoota]

11. Thou shalt not park by a dropped kerb - God.

[woofgang]

lol shoota, my local councillors deffo think they are gods!

[pixie373]

What if they arranged for a truck to come and pick up the car? Could they get it out with you parked there?

[saxy_jag]

Woofgang's right. If there's a dropped kerb on a public road then it means that the local authority has granted a right of access to the adjacent property. It's illegal to obstruct that access.

Sometimes my neighbours and I park across each other's driveways but always on the understanding that we never leave cars there when we go out and that we will always move the vehicle if/when asked.

[Buenchico]

I agree, Woofgang, but there is no specific law that actually states that parking across a dropped kerb is illegal. Any prosecution would have to be brought under the legislation that prohibits 'causing an obstruction' and that would be very unlikely to happen unless a complaint was made where the dropped kerb exists solely to provide access to a private driveway (rather than, for example, to assist wheelchair users getting onto a public footpath).

The police know that many people will park across their own driveways when another household member's vehicle is already on the drive (or permit a visitor to block their own vehicle in by parking across the driveway). It would be crazy for them to bring a prosecution for 'causing an obstruction' under such circumstances. Similarly, in the questioner's circumstances, they would probably assume that there was no objection to a vehicle being parked across the driveway unless they actually received a complaint.

[woofgang]

Indeed Chris but in this case, the "owner" of the dropped kerb has objected to the obstructor. Its not up to the obstructor to decide whether or not they are causing an obstruction.

[shoota]

///From 31 March 2008 there is a legal requirement to follow the parking enforcement framework contained within Part 6 of the Traffic Management Act 2004.
Changes to Regulations
##The power to enforce against parking across dropped kerbs. ///

That's from this: http://www.consumerwiki.co.uk/index.php/Parking_Tickets:_Changes_to_the_Law_from_April_2008

[Hopkirk]

I still reckon my first (removed) comment was correct.

[andres]

Is there a tax disc on display? If not and the car is not being used it should have a SORN notice .Don't know how you find out about this but if it has one then it can't legally be used and you can't possibly be causing an obstruction.

[Saki]

andres, see pixie's reply 20:20 last night!

[bhg481]

Not a valid argument Andres. He might have a tax disc for it and not yet bothered to put it on because he hasn't needed to move the car up till now. He might want a garage to come and collect it to take it for repairs etc

[bhg481]

Crossed with you Saki - I hadn't seen Pixie's response.

[LazyGun]

@v1ckzen Why do you want to park there? Don't you have elsewhere that you can park?

As to the legality I am not sure, but common courtesy and politeness should surely inform your actions. I would not park across their drive unless I have first obtained agreement with the neighbour and ensured that I could move my vehicle should they require access...

[andres]

From the question it would appear that the car has been out of action for some time . I thought there were time limits for either displaying a tax disc or declaring a SORN.It might be as well to approach the owners in a reasonable way and get to know the facts.

[ToraToraTora]

you are parking in front of a dropped kerb, end of. It matters not beyond that.