The subject of inconsiderate parking and what action can and can’t be taken, is regularly discussed, at Community Priority Setting Meetings. In my area, we recently raised concerns about such problems and I am publishing PCSO Chris Archer’s response as the advice/information may be of interest to our readers:
Concerns have been raised with us about parking problems in your street. We want to let you know what the parking rules are and how we can help to keep the highway clear and ensure the area is safe for pedestrians (especially children), cyclists and drivers:
The road outside your house is usually defined as” public highway”. Therefore, anyone can legitimately park there but should do so safely, considerately and legally. The introduction of the Traffic Management Act 2004 places a statutory duty on your council to tackle congestion and disruption on the road network. Your local authority manages the highway network in a manner that allows for some “on street parking”. In areas where parking becomes problematic the authority has the power to introduce restrictions to control the highway use. Therefore, this means, the highways’ sole purpose is for the free passing and free flowing of vehicles and the areas close to your home are not for your exclusive use to park.
If your driveway is completely blocked by a vehicle, the offence of ‘obstruction’ could be considered. However, obstruction is a complicated offence to prosecute. It is not enough that a vehicle blocks your driveway. The obstruction has to be ‘actual’ not ‘perceived’. This means that you are actually obstructed at that moment by that vehicle because your immediate passage is blocked. It’s not enough that you might want to use your driveway sometime in the future. This also applies when a vehicle is parked partly on the pavement, unless you are obstructed from passing at that time the offence of obstruction has not been committed. Finally, vehicles should not be parked within 10 metres of a road junction as this may cause a danger to other road users.
If you do report any of these issues you should be willing to make an official complaint, maybe a statement of evidence and even go to court if the person getting the ticket decides to contest it.
PCSO Chris Archer – Stapleford/Bramcote/Trowell Beat Team