Re: The law and drive ways
Posted: Fri Feb 20, 2015 9:11 pm
When faced with this situation, many homeowners brandish a copy of the Highway Code which in paragraph 243 requests that motorists "DO NOT PARK in front of an entrance to a property".
However, if they take things further and report the offender to the police - it comes surprise to find out that it isn't actually illegal for a motorist to park in front of a private driveway, despite what you think the Highway Code is saying. The important thing to pay attention to is the language used in the rulings. If 'Do not' is used, then this is advisory and should be followed - but there is no legal comeback if a motorist chooses to ignore it. However, if the rule states 'Must not' then this is a legal requirement and the driver must therefore obey it or if caught or reported, face legal action.
So, ultimately, this is down to a question of courtesy and respect. As you are not backed up by law.
It does seem incredibly unfair that someone can do this when you have forked out for a home with somewhere safe to park your car off the road - and if you are blocked ONTO your drive, then you might find a kind police officer who will make enquiries for you, contact the owner and ask them to move their vehicle. However the police are not bound to act as according to the Highway Code every driver has a right to park anywhere on a public highway except those places which are expressly forbidden.
However, if they take things further and report the offender to the police - it comes surprise to find out that it isn't actually illegal for a motorist to park in front of a private driveway, despite what you think the Highway Code is saying. The important thing to pay attention to is the language used in the rulings. If 'Do not' is used, then this is advisory and should be followed - but there is no legal comeback if a motorist chooses to ignore it. However, if the rule states 'Must not' then this is a legal requirement and the driver must therefore obey it or if caught or reported, face legal action.
So, ultimately, this is down to a question of courtesy and respect. As you are not backed up by law.
It does seem incredibly unfair that someone can do this when you have forked out for a home with somewhere safe to park your car off the road - and if you are blocked ONTO your drive, then you might find a kind police officer who will make enquiries for you, contact the owner and ask them to move their vehicle. However the police are not bound to act as according to the Highway Code every driver has a right to park anywhere on a public highway except those places which are expressly forbidden.
Barraclough wrote:Iv dug my Highway Code out and it says do not park infront of an entrance of a property. All the time not only if there's a car on it. How would the person know if there's a car in say a garage.