Driveways + Blocking

So are you sure the council owns it? If it was for the chapel parking maybe it was church owned and they either still own it or the new purchaser owns it?

I need to get my terminology right but it's either owned but the the parish or council, but I get the two confused and don't understand either role. It used to be grass but was converted to allow parking, I recall hearing it was classed as a verge perhaps.


[FnG]magnolia;19620767 said:
Why are you asking us these redundant questions? Call the council and/or CAB.

Two reasons, firstly I like to post general discussion in the general discussion. Secondly, it gives people an excuse to act macho on the internet with their replies.
 
So are you sure the council owns it? If it was for the chapel parking maybe it was church owned and they either still own it or the new purchaser owns it?
That could have comedy Value...

Noxia: Hello Neighbour, i just popped around to tell you if you're out I'm going to park on the council car park in front of your gate so you cant get into your drive.

Neighbour: You mean our land out the front we let people park on? I don't think so, oh, and by the the way you're specifically forbidden to park anywhere on our land at all now. Have a nice day.

Noxia: But, but I've been all Alpha about this on an internet forum, what will they think of me now. Fuuuuuuuuuuuuuuuuuu

GD: Pwned lol :D
 
That could have comedy Value...

Noxia: Hello Neighbour, i just popped around to tell you if you're out I'm going to park on the council car park in front of your gate so you cant get into your drive.

Neighbour: You mean our land out the front we let people park on? I don't think so, oh, and by the the way you're specifically forbidden to park anywhere on our land at all now. Have a nice day.

Noxia: But, but I've been all Alpha about this on an internet forum, what will they think of me now. Fuuuuuuuuuuuuuuuuuu

GD: Pwned lol :D

:D

True poetic justice, which couldn't happen to a nicer person!
 
I need to get my terminology right but it's either owned but the the parish or council, but I get the two confused and don't understand either role. It used to be grass but was converted to allow parking, I recall hearing it was classed as a verge perhaps.




Two reasons, firstly I like to post general discussion in the general discussion. Secondly, it gives people an excuse to act macho on the internet with their replies.

I think you're mistaking "macho" with "disbelief". The reason you can't deal with the council is because their internet is down? Pick up the phone or go and see someone. Alternatively or additionally, go and speak to CAB who have actual knowledge and advice to give you.

If, however, you just want to post easily fixable non-issues on a computer forum then go ahead, I guess.

e : The time spent making the diagram in the OP would have been better spent doing something constructive to actually get a resolution to this 'problem'.
 
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That could have comedy Value...

Noxia: Hello Neighbour, i just popped around to tell you if you're out I'm going to park on the council car park in front of your gate so you cant get into your drive.

Neighbour: You mean our land out the front we let people park on? I don't think so, oh, and by the the way you're specifically forbidden to park anywhere on our land at all now. Have a nice day.

Noxia: But, but I've been all Alpha about this on an internet forum, what will they think of me now. Fuuuuuuuuuuuuuuuuuu

GD: Pwned lol :D

Would be funny but going to happen, if you think my posts are Alpha then you have no idea what it means :D On a serious note, I cannot tell if some of these posts are being purposely ironic or not.

"If, however, you just want to post easily fixable non-issues on a computer forum then go ahead, I guess." Bonus points for summing up GD.
 
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Well, looking at it from the other side, my drive has a dropped kerb and come off the end of a layby, but, as it is sorta round a corner, people don't notice it til they have parked. It is ****ing annoying if I need to get the car out to go to work! I even got the council to put a great big white line across it. Makes bugger all difference.

Spose its not so bad if I know whose car it is and can chase em up, but often it's people going to the shops or just wandering off over the road.
Had one car lifted by the polis so far...

So, don't do it if you even remotely value relations with your neighbour. It is a sure fire way of ****ing people off!
 
They could probably successfully sue you if you persistently parked there. Either for nuisance or trespass to land if they have an easement over the land (or, in fact, own it themselves!)

Quite apart from that, good relationships with neighbours are invaluable. Why you would want to jeopardise that just so you can park a fraction closer to your house, if I am understanding you correctly, is unfathomable to me. You may come to regret creating such a dispute some time in the future.
 
With respect to civil enforcement by the council the applicable legislation is s.86 TMA 2004:

86 Prohibition of parking at dropped footways etc.

(1)In a special enforcement area a vehicle must not be parked on the carriageway adjacent to a footway, cycle track or verge where—

(a)the footway, cycle track or verge has been lowered to meet the level of the carriageway for the purpose of—

(i)assisting pedestrians crossing the carriageway,

(ii)assisting cyclists entering or leaving the carriageway, or

(iii)assisting vehicles entering or leaving the carriageway across the footway, cycle track or verge; or

(b)the carriageway has, for a purpose within paragraph (a)(i) to (iii), been raised to meet the level of the footway, cycle track or verge.

This is subject to the following exceptions.
(2)The first exception is where the vehicle is parked wholly within a designated parking place or any other part of the carriageway where parking is specifically authorised.

A “designated parking place” means a parking place designated by order under section 6, 9, 32(1)(b) or 45 of the Road Traffic Regulation Act 1984 (c. 27).
(3)The second exception is where the vehicle is parked outside residential premises by or with the consent (but not consent given for reward) of the occupier of the premises.

This exception does not apply in the case of a shared driveway.
(4)The third exception is where the vehicle is being used for fire brigade, ambulance or police purposes.

(5)The fourth exception is where—

(a)the vehicle is being used for the purposes of delivering goods to, or collecting goods from, any premises, or is being loaded from or unloaded to any premises,

(b)the delivery, collection, loading or unloading cannot reasonably be carried out in relation to those premises without the vehicle being parked as mentioned in subsection (1), and

(c)the vehicle is so parked for no longer than is necessary and for no more than 20 minutes.

(6)The fifth exception is where—

(a)the vehicle is being used in connection with any of the following—

(i)undertaking any building operation, demolition or excavation,

(ii)the collection of waste by a local authority,

(iii)removing an obstruction to traffic,

(iv)undertaking works in relation to a road, a traffic sign or road lighting, or

(v)undertaking works in relation to a sewer or water main or in relation to the supply of gas, electricity, water or communications services,

(b)it cannot be so used without being parked as mentioned in subsection (1), and

(c)it is so parked for no longer than is necessary.

(7)In this section “carriageway”, “cycle track” and “footway” have the meanings given by section 329(1) of the Highways Act 1980 (c. 66).

(8)References in this section to parking include waiting, but do not include stopping where—

(a)the driver is prevented from proceeding by circumstances beyond his control or it is necessary for him to stop to avoid an accident, or

(b)the vehicle is stopped, for no longer than is necessary, for the purpose of allowing people to board or alight from it.

(9)The prohibition in this section is enforceable as if imposed—

(a)in Greater London, by an order under section 6 of the Road Traffic Regulation Act 1984 (c. 27),

(b)elsewhere in England and Wales, by an order under section 1 of that Act.

And the defence with respect to the above is that although the highway may technically extend across the car park and path to the property boundaries the carriageway certainly does not. So if you are not parked on the carriageway then s.86 does not apply. IF you were to get a code 27 council PCN then you have an appeal based on the above.
 
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