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There will be a debate regarding specific definitions of the law but I hope by calling 101 explaining the issue of a car blocking or impeding access/exit you should get some assistance.
As it stands I believe the offence would be "causing an unnecessary obstruction" more so if your vehicle is in the garage. The vehicle could technically be towed away with a charge to the keeper/owner.
The issue may arise though that the car may be parked on "Private" land blocking your garage and as such not parked on the "Highway" causing the obstruction. If you don't ask you will never know the response by the Police so call them.
As regarding letting the tyres down of the offending vehicle please don't. This is an offence of vehicle interference, not worth it!
Good luck
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There will be a debate regarding specific definitions of the law but I hope by calling 101 explaining the issue of a car blocking or impeding access/exit you should get some assistance. As it stands I believe the offence would be "causing an unnecessary obstruction" more so if your vehicle is in the garage. The vehicle could technically be towed away with a charge to the keeper/owner. The issue may arise though that the car may be parked on "Private" land blocking your garage and as such not parked on the "Highway" causing the obstruction. If you don't ask you will never know the response by the Police so call them. As regarding letting the tyres down of the offending vehicle please don't. This is an offence of vehicle interference, not worth it! Good luck Thanks hotfuzz, I'll certainly give them a call and take their advice. As for actually interfering with the vehicle in question, I'm far too cowardly for such things,as i'd get caught doing it and at my age I tend to bruise easily !
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My mate parked his car somewhere he shouldn't have a few years ago. When he got back to it, there was an a4 sticker on his windscreen with a picture of Mickey Mouse saying please don't park here. He tired to peel it off and it half came off and left an a4 shape of white stickiness that took weeks to get off. Not a bad idea to get your point across.
In the short term I would do as suggested and get a sign saying "please don't block my garage, I can't get my car out"
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^ our local university were putting similar stickers on the drivers windows of badly parked cars a few years ago, not difficult to get off with thinners etc but a pain and not what you want.
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I thunk what you're dealing with as much as anything is a complete lack of common sense, not just by the owner of the car, but by the window lickers at the council. I have a similar problem, I have a drive by the side of my house that I own, but the council have put permit parking bays along the road, which of course goes across my drive. 9 times out of 10 when I come home I can't park in my drive because some idiot has parked across it, but worse than that, if by some miracle I do get into my drive at night, when I come out in the morning I can't get out because some idiot is blocking me in!! There's nothing I can do about it either, as apparently if they're displaying a valid permit legally they're entitled to park in the parking bay that obstructs my drive! I've been to the council about it all several times, and their advice to me was that I should buy a permit for just £50, and I could then park my car in the bays that obstruct my drive! I've tried to explain to these idiots that I don't need a permit as I have my own drive, but to be honest they're not interested. So I've splashed out on a couple of permits, and I do tend to try and block people in who inconsiderately block my drive these days. Sorry about the rant, but I can't get out this morning! Thats BS from the council, it is an offence to park over the dropped curb, ring them and tell them you will be charging them for every time there actions in painting bays there mean you are unable to get out to go to work and follow it up with a small claims court letter, those bays will be gone ASAP Sounds like whoever marked the bays messed up here. Get onto WCC and request it's removed and a H-bar marked up in it's place. That will tell people without common sense they shouldn't park there.
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skinnylew
Club Retro Rides Member
Posts: 5,546
Club RR Member Number: 11
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Thats BS from the council, it is an offence to park over the dropped curb, ring them and tell them you will be charging them for every time there actions in painting bays there mean you are unable to get out to go to work and follow it up with a small claims court letter, those bays will be gone ASAP Sounds like whoever marked the bays messed up here. Get onto WCC and request it's removed and a H-bar marked up in it's place. That will tell people without common sense they shouldn't park there. I suspect there isn't a dropped kerb, bays are normally marked out a certain distance away from dropped kerbs due to the necessity of sight lines (visibility splay I think they refer to it as...) Don't get me wrong I've seen some stupidly laid out bays but in my experience (9 years as a Highways Technician)they are usually legal and ok. Dropped kerbs on the other hand can be a p.i.t.a but my daily bread and butter I suppose. With regard to the original post, if it's near a school, high street, station or other cpz (controlled parking zone) it could be a chancer trying to get a free spot. I'd stick a couple of road cones on the forecourt or maybe an old wooden pallet as well, just a visible deterrant that takes a bit of effort to move. My old lock up was in a close with yellow lines 1-3pm to deter parking for the station all day. The garage area was rammo between those times (all masionettes so no drives) but it was never a problem as it was a weekend car.
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VIP
South East
Posts: 8,293
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All private clamping is now illegal under the Protection of Freedoms Act 2012. Only Councils, DVLA, Police and Railways are allowed to clamp vehicles. Any immobilsation, removal or prevention of movement of a vehicle by a private company or citizen falls into the above Legislation, and is a Criminal Act regardless of whether it is on private land or not. "Chapter 2 - Vehicles left on land
54 Offense of immobilising etc. vehicles
(1) A person commits an offense who, without lawful authority -
(a) immobilized a motor vehicle by the attachment to the vehicle, or part of it, an immobilising device, or (b) moves, or restricts the movement of, such a vehicle by any means,
intending to prevent or inhibit removal of the vehicle by a person otherwise entitled to remove it" From here: www.legislation.gov.uk/ukpga/2012/9/contents/enactedIf you were feeling generous, you could stick a copy of the relevant page to the car, together with a note stating 'Park here again and you will be reported for the noted Criminal Offense', or just go right to option B and report it to the Police. In regards to parking across a driveway, the key thing here is whether there is a dropped kerb or not. If there is, then the council has acted illegally in putting a parking bay across it. If there isn't, then the driveway itself it illegal, at least in accessing it across the pavement as you have no legal access across it and are committing an offense every time you drive over it. It may be that the council have deliberately installed the parking bay to prevent such illegal access. There's certainly been many instances in the past of councils erecting posts and other blockading devices in front of illegal driveways, sometimes even blocking cars in.
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is it a 'proper' driveway with a dropped kerb? If so the council needs kicking ..... Not only is it a proper driveway with a dropped kerb I even have gates at the entrance to the driveway, and a garage at the other end! I've been to the council several times about this and the council's response has always been, the drive is unused because there's never a car in it! To which I reply that I can't get my car in it as the entrance is usually blocked by someone parking in the parking bay that goes across my drive!! They then suggest that I buy a permit!! A money making scam if ever I saw one!!
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LowStandards
Club Retro Rides Member
Bigging Up The Sum Sum Man Since '99
Posts: 2,647
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is it a 'proper' driveway with a dropped kerb? If so the council needs kicking ..... Not only is it a proper driveway with a dropped kerb I even have gates at the entrance to the driveway, and a garage at the other end! I've been to the council several times about this and the council's response has always been, the drive is unused because there's never a car in it! To which I reply that I can't get my car in it as the entrance is usually blocked by someone parking in the parking bay that goes across my drive!! They then suggest that I buy a permit!! A money making scam if ever I saw one!! This is full on BS, take it as high as you can! How the curse word can they ascertain if you use your driveway or not? Utter whompercunts... I suggest a pm to skinnylew as he seems to do this for a living and go from there...
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VIP
South East
Posts: 8,293
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From Hampshire County Council's own website. "Civil Enforcement Officers employed by district councils (except in Gosport) can issue a penalty to a vehicle parked in front of dropped kerbs. In the case of dropped kerbs in front of driveways, a penalty would only be issued if a complaint is received from the occupant of a property that their access is being blocked. This means residents can still park alongside the dropped kerbs in front of their own driveway."From here: www3.hants.gov.uk/trafficmanagement/parking_and_loading_restrictions.htmIt must be quite difficult for them to argue there isn't a problem when therir own guidelines acknowledge that parking across a dropped kerb is an offense.
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Last Edit: Jan 4, 2016 14:09:27 GMT by VIP
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VIP
South East
Posts: 8,293
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Further investigation reveals parking across dropped kerbs is a specific offense under Section 86 of the Traffic Management Act 2004, however there IS an exemption to the offense if a vehicle is parked in a designated parking space. From here: www.legislation.gov.uk/ukpga/2004/18/section/86So the Council can put a space over a dropped kerb, and parking there ISN'T an offense under TMA 2004, but IS an offense under PFA 2012, but only if a vehicle is in the driveway or garage.
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The driveway at Pistonpopper Towers... As you can see, in the front of the picture is the parking bay, then because of my complaints the H-bar, which according to the council doesn't mean you cant park there, just that it would be courteous to leave a space! As you can see, courtesy doesn't happen around here! The dropped kerb is next, then the gate and if you look waaaaaaaaaaaaaaaaaay down the drive you can just about make out the apex of the garage roof in white. thanks for the advise VIP, armed with my new knowledge i shall try once again. tubthumper, i apologise for the thread hi-jack.
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The driveway at Pistonpopper Towers... As you can see, in the front of the picture is the parking bay, then because of my complaints the H-bar, which according to the council doesn't mean you cant park there, just that it would be courteous to leave a space! As you can see, courtesy doesn't happen around here! The dropped kerb is next, then the gate and if you look waaaaaaaaaaaaaaaaaay down the drive you can just about make out the apex of the garage roof in white. thanks for the advise VIP , armed with my new knowledge i shall try once again. tubthumper , i apologise for the thread hi-jack. it will forever shock me the lack of common decency people have =/ maybe try putting a polite sign on the gate (probably wont do anything but worth a try right)
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Only dogs go for new cars, real cars have rust!
Ford capri laser 1.6 -http://retrorides.proboards.com/thread/181032/1986-ford-capri-laser-updates
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Foxy
Posted a lot
Making pink manly in the north!
Posts: 1,913
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Start collecting cardboard and Brian O'Conner his ass.
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I'm the handsome fella with the cheesy white specs or is that the cheesy fella with the handsome white specs?
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The driveway at Pistonpopper Towers... As you can see, in the front of the picture is the parking bay, then because of my complaints the H-bar, which according to the council doesn't mean you cant park there, just that it would be courteous to leave a space! As you can see, courtesy doesn't happen around here! The dropped kerb is next, then the gate and if you look waaaaaaaaaaaaaaaaaay down the drive you can just about make out the apex of the garage roof in white. thanks for the advise VIP, armed with my new knowledge i shall try once again. tubthumper, i apologise for the thread hi-jack. This might all be because you can never get into it but the bush looks overgrown and the drive unkempt. It probably looks like a game space to the returning commuter looking for a space to get in the house for dinner asap. Have you tried cutting it back and putting a sign on the gate, surely that would do the job? Not that you should need to do any of that.
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1970 Porsche 911E 2002 Porsche Boxster S 2002 Peugeot Partner 1.9sdi
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hamps
Posted a lot
www.medwayrscentre.co.uk
Posts: 2,077
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Just hook the damn thing up and drag it out the way!
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The driveway at Pistonpopper Towers... As you can see, in the front of the picture is the parking bay, then because of my complaints the H-bar, which according to the council doesn't mean you cant park there, just that it would be courteous to leave a space! As you can see, courtesy doesn't happen around here! The dropped kerb is next, then the gate and if you look waaaaaaaaaaaaaaaaaay down the drive you can just about make out the apex of the garage roof in white. thanks for the advise VIP, armed with my new knowledge i shall try once again. tubthumper, i apologise for the thread hi-jack. This might all be because you can never get into it but the bush looks overgrown and the drive unkempt. It probably looks like a game space to the returning commuter looking for a space to get in the house for dinner asap. Have you tried cutting it back and putting a sign on the gate, surely that would do the job? Not that you should need to do any of that. Trust me from experiance (my drive is used 24/7 and has the van parked in it when i'm not working) signs etc won't make a damn bit of difference - the only thing that will is getting the car towed
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I would take it as high as it would go with the cuntcil , then if that gets nowhere , as i think it might get on to the local paper - countcils do not like looking like dikcs . Some one higher up will see it and throw some fuks about .
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VIP
South East
Posts: 8,293
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I would take it as high as it would go with the cuntcil , then if that gets nowhere , as i think it might get on to the local paper - countcils do not like looking like dikcs . Some one higher up will see it and throw some fuks about . The people higher up will understand the Law just as much as the paperpusher, and know it's completely legal to put a parking space in front of a dropped kerb. The only defense PP has is to call the Police if he gets blocked in, and cite an offense under the Protection of Freedoms Act.
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Many thanks everyone for all of your inputs so far. My plan of contacting the council today failed at the first,mainly due to my youngest daughter not giving me 2 minutes to myself today. I'm back in work tomorrow so will call from there in the morning.
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