council have extended public parking bay opposite my driveway restricting my access

[Nward171]

I have a small driveway down a narrow road and in between each driveways along the road there are council parking bays, but a few months ago the council extended one of the bays right next to my bay so that it allows a car to park half way across my driveway !! it really is so difficult now to get in and out of my driveway sometimes impossible, this is not legal is it ? I have called the council and they have said that they will come and have a look, but when they will come is the question as they wont give me a date or time, and when they do finally come out and have a look I will still have to wait for them to make a decision then to get it corrected this could take months knowing the council.

 

 

Does anyone know if there is any other company that I can contact about this to maybe speed up the process ?

[king12345]

Call the council every time someone is parked there.

Tell them that they're parked in front of your drive and you can't go out (which is not a lie).

They will send a parking warden who will be more than pleased to pump up his commissions by issuing a ticket (invalid of course).

This will possibly generate appeals at all stages and eventually they will get the message.

Unfortunately unless you harass them they will not do anything.

They're the local authority after all!

[Tony P]

Is your driveway accessed across a dropped kerb?

Or is the kerb level constant?

[diskmandave]

Call the police and report the obstruction, take photographs too.

[DBC]

This is in the wrong section of the forum

[f16]

I think this thread should on Local Athority Parking because it's a public highway

[maroondevo52]

I think this thread should on Local Athority Parking because it's a public highway

 

Thread moved.

[green_and_mean]

Call the council every time someone is parked there.

Tell them that they're parked in front of your drive and you can't go out (which is not a lie).

They will send a parking warden who will be more than pleased to pump up his commissions by issuing a ticket (invalid of course).

This will possibly generate appeals at all stages and eventually they will get the message.

Unfortunately unless you harass them they will not do anything.

They're the local authority after all!

 

Why would a PCN be issued when no contravention has occured???

[green_and_mean]

I have a small driveway down a narrow road and in between each driveways along the road there are council parking bays, but a few months ago the council extended one of the bays right next to my bay so that it allows a car to park half way across my driveway !! it really is so difficult now to get in and out of my driveway sometimes impossible, this is not legal is it ? I have called the council and they have said that they will come and have a look, but when they will come is the question as they wont give me a date or time, and when they do finally come out and have a look I will still have to wait for them to make a decision then to get it corrected this could take months knowing the council.

 

 

Does anyone know if there is any other company that I can contact about this to maybe speed up the process ?

 

Was you drop kerb access installed by the Council? Why don't you actually try contacting the Council over this there is not much we can do apart frpm poppingover with some black paint! If the drive is legally installed, ring them up and demand a time and then ring or email to get a progress report if they don't play ball use the Council complaints procedure and or contact your local Councillor.

[king12345]

Why would a PCN be issued when no contravention has occured???

Because traffic wardens are on commissions and don't care if a contravention has occurred or not.

They will look at the car and see that it's blocking the driveway, never mind it's within the wrongly painted lines.

How many pcn threads we see here every day for fantasy contraventions?

[green_and_mean]

Because traffic wardens are on commissions and don't care if a contravention has occurred or not.

They will look at the car and see that it's blocking the driveway, never mind it's within the wrongly painted lines.

How many pcn threads we see here every day for fantasy contraventions?

 

Dunno maybe you could enlighten us when was the last thread from someone legally parked who had a PCN?? How much commision do they get exactly since you seem to so well informed?

[TheBogsDollocks]

Call the council every time someone is parked there.

Tell them that they're parked in front of your drive and you can't go out (which is not a lie).

They will send a parking warden who will be more than pleased to pump up his commissions by issuing a ticket (invalid of course).

This will possibly generate appeals at all stages and eventually they will get the message.

Unfortunately unless you harass them they will not do anything.

They're the local authority after all!

 

 

 

They can't serve a PCN due to s.86(2)

 

 

http://www.legislation.gov.uk/ukpga/2004/18/section/86

 

 

It is an urban myth that council officers get commission. All they get is a low wage and phlegm proof jackets. Yes there are some bad eggs but isn't there in many walks of life? If people think they can do a better job then they should stop complaining and take the job on. I doubt many complainers would last long, I know I wouldn't. It is a job that needs doing and if you want high calibre officers then be prepared to pay higher fines to cover the costs.

[f16]

TBD I'm with you on that one. My neighbours are LA parking authority officers and have been attacked or abused so many times I've lost count.

They do a necessary job, and in my opinion "fairly"

 

Back to the OP thread..... Did your drop kurb access to your drive have council consent? If it did then complain that the placing of the new parking bay has made it impossable to access your drive. Keep alog of contact and hassle them constantly till they act

[ploddertom]

Ask your local Councillor(s) to intervene on your behalf and see how quickly the Council then move.

[Mr Government]

Dont get tied up with the issue over dropped kerbs, its irrelevant. Section 184 Highways relating to this is purely about getting permission to undertake works to reconstruct the footway so that it does not get damaged when you drive over it. If you drive over the footway to access the carriageway, without a drop kerb its a small £20 penalty. There's nothing to stop you driving over a footway from your property.

 

You have a right of access to the carriageway, anyone causing an obstruction is subject to Section 137 Highways Act.

 

write to the council asking for details on their complaints proceedure. Then write a formal complaint about their lack of response in dealing with a criminal offence.

[green_and_mean]

Dont get tied up with the issue over dropped kerbs, its irrelevant. Section 184 Highways relating to this is purely about getting permission to undertake works to reconstruct the footway so that it does not get damaged when you drive over it. If you drive over the footway to access the carriageway, without a drop kerb its a small £20 penalty. There's nothing to stop you driving over a footway from your property.

 

You have a right of access to the carriageway, anyone causing an obstruction is subject to Section 137 Highways Act.

 

write to the council asking for details on their complaints proceedure. Then write a formal complaint about their lack of response in dealing with a criminal offence.

 

Wrong! There is no right of way for a vehicle across a footway if there were placing bollards to prevent driving on the footway would be unlawful. section 137 covers access ALONG a highway. It is not just an offence you are also liable to pay for any damage to the verge,,footway and services damaged which is going to cost slightly more than £20

[Mr Government]

Alas my friend your wrong. Please provide the relevant legislation that clearly states you cannot take a motor vehicle over a public highway to access a public highway.

 

You cant provide it because it does not exist. fotget aside damage to highway, which is a separate issue, we are purely talking about right of way, and obstruction

[Raykay]

Alas my friend your wrong. Please provide the relevant legislation that clearly states you cannot take a motor vehicle over a public highway to access a public highway.

 

 

Try s.184 (17), Highways Act 1980. - no crossover can be an offence.

[green_and_mean]

Try s.184 (17), Highways Act 1980. - no crossover can be an offence.

 

 

Exactly! How can you be fined £20 (which you mr Gvt stated!) for doing something that is legal????

[green_and_mean]

Maybe Mr Government knows more than the Judges in the Supreme Court??

 

A Supreme Court ruling in favour of Harrow Council has given Councils around the country more powers to tackle the problem of motorists who drive across the pavement to get to and from their their property.

The judgement announced June 29, 2013, allows Councils to take vital safety measures by installing barriers on pavements, which protect pedestrians by stopping cars from driving across, without fear that they will have to pay out compensation.

In 2009 Patrick Cusack, a solicitor based in Station Road, Harrow, challenged Harrow Council’s decision to install barriers outside his property from where he runs his business. The barriers were intended to try and stop motorists from driving over the pavement to park outside the property.

Mr Cusak sought an injunction in the County Court to stop the Council from installing the barriers. His case was rejected first by the County Court and then by the High Court but this decision was overturned by the Court of Appeal, who ruled that the Council could install barriers but under a different section of law to that which the council sought to rely on, and for which it would have to pay Mr Cusack compensation.

Harrow Council appealed this ruling to The Supreme Court – the highest court in the country – and all five Lords hearing the case unanimously ruled in the Council’s favour.

They agreed there is no general right to compensation when action is taken to restrict a property owner’s right of access to an adjoining highway and that installing the barriers would not be a deprivation of Mr Cusack’s rights or property.

Following the ruling, Harrow Council can now install the barriers in Station Road and can also look at doing so in other parts of the borough where there is a similar problem. The decision also means that Councils around the country are now free to take such measures – which protect road users and pedestrians – without fear that they will have to pay out compensation.

Harrow Council Leader Cllr Thaya Idaikkadr said: “Harrow Council has a duty to protect taxpayers’ money, not shell out money in unwarranted compensation. These barriers are being installed to stop people from driving across the pavement and endangering the lives of others. People are not entitled to compensation just because they are inconvenienced by vital safety measures.”

The Court will now make a decision on costs.

[Mr Government]

again my main point is being missed. Of course a council can stick barriers up to protect the fabric of the footway, of course they can fine £20 for not having a crossover, (note that its not for driving over footway in a car)

 

But, again, their is NO LAW that states you cannot drive a vehicle over a footway to access a carriageway, that does not have a vehicle crossover.

 

So I ask again find me the legislation that states you cannot drive a motor vehicle over a footway.

 

Section 184 section 1 or 17 purely relates to the vehicle crossover, and not the act of driving a vehicle across a footway.

[green_and_mean]

again my main point is being missed. Of course a council can stick barriers up to protect the fabric of the footway, of course they can fine £20 for not having a crossover, (note that its not for driving over footway in a car)

 

But, again, their is NO LAW that states you cannot drive a vehicle over a footway to access a carriageway, that does not have a vehicle crossover.

 

So I ask again find me the legislation that states you cannot drive a motor vehicle over a footway.

 

Section 184 section 1 or 17 purely relates to the vehicle crossover, and not the act of driving a vehicle across a footway.

 

 

 

No one has said you cannot but being able to do so and having a legal right to do so are not the same thing. You said it was an offence to prevent access from your property across a footway which it clearly isn't.

[Mr Government]

arr, yes one must be very precise with wording.

 

People driving of the footway without a crossover is a prolific problem, thousands of residents in every town are doing it. Its a tricky one, because it only takes 1 smart fellow who gets bollards outside his house, to then kick up a stink to the council that they have to enforce it everywhere and not to vitimise him. most highway authorities cannot be bothered to tackle the issue.

[Raykay]

 

Section 184 section 1 or 17 purely relates to the vehicle crossover, and not the act of driving a vehicle across a footway.

 

 

 

s.184, (17), creates the offence of using a footway or verge as a crossing, without complying with s,184,(1)(b). (which is usually not to cross except at a crossover). Not a crossover itself.

[porkyp1g]

So,I'm guessing there is no dropped kerb then?