ChatterBank2 mins ago
Parking.
On a Street I park my car on, there is a building used for business storage. This building is a converted house which is at the last property on a row of terraced houses. Access to the building is by a shutter door at the front of this property. There is no pavement in front of the house just a few cobbles before the tarmac road. I visited the area this Sunday and had to park in front of these shutters, as this was the only place available.
When I returned to my car, someone had put a note under my windscreen wiper that said "if you park here again your car will be towed away by the police"
There are no signs to say no parking, no lines single or double etc. I was physically parked on the road but the access to the door was blocked by my car!
It was also on a Sunday and also this individual who owns the property only calls in there once a month or so!! Does anyone know what my rights are??
When I returned to my car, someone had put a note under my windscreen wiper that said "if you park here again your car will be towed away by the police"
There are no signs to say no parking, no lines single or double etc. I was physically parked on the road but the access to the door was blocked by my car!
It was also on a Sunday and also this individual who owns the property only calls in there once a month or so!! Does anyone know what my rights are??
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well in my opinion you dont have any, the access is clearly needed for the storage, and there is no pavement at which to park at that particular place you say the person is only there once a month, but he was clearly there and wanted to get in/out on that day!! so i dont think yu have an arguement there. I would say its good sense on the persons behalf for him to put up some sort of sign saying "constatnt access needed, no parking", but from what you describe it seems fairly obvious there is no parking there!
You are not entitled to obstruct legitimate access to a property - especially if you are blocking pedestrian access, not just vehicular access. It doesn't make any difference how often those premises are used - you cannot know if they are going to be used whilst you are parked there or not.
There doesn't need to be any 'no parking' or other warning signs up. If it is obvious you are preventing access, common sense should tell you you cannot park there.
There doesn't need to be any 'no parking' or other warning signs up. If it is obvious you are preventing access, common sense should tell you you cannot park there.
-- answer removed --
Everyone is talking from a common sense point of view which I agree with as it is clearly used so you should not block the access
However ... from a legal point of view .... (I am not clear on the set up of the road/pavement) if you are blocking say a driveway/access then it very much depends if they are trying to get in or out.
As this is a lock up I doubt there will be a car/van parked inside, I would have thought that they turn up pick stuff up/drop off and leave again.
Therefore as you are not blocking their exit from their property therefore there is nothing legally they can do about it.
It is only if you are blocking their exit from their premises that they can get you car towed away !!!
e.g. I could wait for someone to leave their driveway and they park right across it. As long as my car is taxed/legal then there is nothing they can do about it.
I have also been told that you can park in someones driveway rather than on the road and there is even less they can do about that
However ... from a legal point of view .... (I am not clear on the set up of the road/pavement) if you are blocking say a driveway/access then it very much depends if they are trying to get in or out.
As this is a lock up I doubt there will be a car/van parked inside, I would have thought that they turn up pick stuff up/drop off and leave again.
Therefore as you are not blocking their exit from their property therefore there is nothing legally they can do about it.
It is only if you are blocking their exit from their premises that they can get you car towed away !!!
e.g. I could wait for someone to leave their driveway and they park right across it. As long as my car is taxed/legal then there is nothing they can do about it.
I have also been told that you can park in someones driveway rather than on the road and there is even less they can do about that
You asked what your rights are in regard of parking on the public highway - well unless the area is specifically set aside for parking, and is marked as such, you have no right to park there at all.
As for the contention that "park on someones drive ... and there is even less they can do about that", well that is obviously incorrect since the owner can sue for trespass (more than can be done for a car parked on the street) and persistent trespass can amount to harrassment - a criminal offence with a maximum custodial sentence of 6 months and a maximum fine of �5000 (much worse than a car being towed).
As for the contention that "park on someones drive ... and there is even less they can do about that", well that is obviously incorrect since the owner can sue for trespass (more than can be done for a car parked on the street) and persistent trespass can amount to harrassment - a criminal offence with a maximum custodial sentence of 6 months and a maximum fine of �5000 (much worse than a car being towed).
I reiterate - if there is not an area specifically set aside for parking then nobody has any "right" to park and anybody who does so is causing an obstruction of the highway contrary to section 137 of the Highways Act 1980.
Generally it is unlikely that a local authority will enforce this parking restriction on public roads where vehicles have traditionally been parked, in effect giving everyone the same "non-right" to park.
Generally it is unlikely that a local authority will enforce this parking restriction on public roads where vehicles have traditionally been parked, in effect giving everyone the same "non-right" to park.
It is illegal to obstruct a private entrance:
http://www.northamptonshire.gov.uk/Transport/r oads/driveway.htm
Obstruction, for the purpose of causing wilful or unnecessary obstruction that can be dealt with by law includes stopping or parking:
* near a school entrance
* anywhere you would prevent access for Emergency Services
* at or near a bus or tram stop or taxi rank
* on the approach to a level crossing/tramway crossing
* opposite or within 10 metres (32 feet) of a junction, except in an authorised parking space
* near the brow of a hill or hump bridge
* opposite a traffic island or (if this would cause an obstruction) another parked vehicle
* where you would force other traffic to enter a tram lane
* where the kerb has been lowered to help wheelchair users and powered mobility vehicles
* in front of an entrance to a property
* on a bend
* where you would obstruct cyclists� use of cycle facilities except when forced to do so by stationary traffic obstruction that can be dealt with by law is:
http://www.northamptonshire.gov.uk/Transport/r oads/driveway.htm
Obstruction, for the purpose of causing wilful or unnecessary obstruction that can be dealt with by law includes stopping or parking:
* near a school entrance
* anywhere you would prevent access for Emergency Services
* at or near a bus or tram stop or taxi rank
* on the approach to a level crossing/tramway crossing
* opposite or within 10 metres (32 feet) of a junction, except in an authorised parking space
* near the brow of a hill or hump bridge
* opposite a traffic island or (if this would cause an obstruction) another parked vehicle
* where you would force other traffic to enter a tram lane
* where the kerb has been lowered to help wheelchair users and powered mobility vehicles
* in front of an entrance to a property
* on a bend
* where you would obstruct cyclists� use of cycle facilities except when forced to do so by stationary traffic obstruction that can be dealt with by law is:
Dear dear. You are an angry person. Perhaps you better ask a question about self control. I wasn`t "whingeing" as you so put it. I was asking about my rights. I suppose you are the sort of person who doesnt care about there right as long as you get your own way perhaps. Please dont contribute to any of my questions again unless you have something constructive to say. Thank you.
Ethels answer maybe complete but I still disagree
I still stand by my comment that if you block someone from getting out this is an offense and you car could get towed however if you block someone from getting in then there is nothing they can do about it.
My Dad had this problem at his house where workers parked their cars and that was what he found out from the council and police
I still stand by my comment that if you block someone from getting out this is an offense and you car could get towed however if you block someone from getting in then there is nothing they can do about it.
My Dad had this problem at his house where workers parked their cars and that was what he found out from the council and police
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