Dear Gordon,
Parking issues on home territory can be challenging because there is often a sense of ownership over the pavement and roadway outside our own houses, even though they may be in public use.
Occasionally, neighbors have an unspoken agreement not to park in front of each other’s houses, reserving that space for respective residents and their visitors. This system works well until a third party, such as visitors to the picnic area, enters the equation with no allegiance to anyone.
Legally, your new neighbors have the right to request and potentially prevent the use of their driveway as a turning point for those driving down the cul-de-sac. Since the driveway belongs to them and is within the boundary of their property, they have the authority to control access to it unless a defined third party enjoys a right of way.
If they so desired, your new neighbors could even install gates to block their driveway and prevent unauthorized vehicles from entering. However, their polite request not to park in front of their house stands on shakier legal ground.
It is perfectly lawful to park on the public highway outside someone’s house, as long as the parked vehicle does not block a driveway or a dropped kerb. In the event of a badly parked vehicle blocking your own driveway, the local council has the power to intervene.
However, when it comes to simply reserving the space in front of their house, the sign erected by your new neighbors holds no legal weight.
If their sign is resulting in more cars being parked in front of your house, the most practical step would be to put up your own sign. Although it lacks legal authority, it would effectively dilute the message of your neighbors’ sign.
Perhaps it’s time to consider starting a sign-writing business in your area. Alternatively, you could gather your neighbors and request the introduction of a Residents Parking Only scheme.
You haven’t mentioned who owns the picnic area that seems to be a significant cause of the additional traffic. If it is owned by the local council, they should take responsibility for the problems it’s causing.
Keeping a log of the extra traffic and parking issues would be useful when advocating for a Residents Parking Scheme.
Another relevant concern is pavement parking.
In London, parking on the pavement is a punishable offense that may result in a parking ticket. In the rest of the country, the Highway Code states that drivers “should not” park on the pavement, rather than it being a strict offense.
However, driving on the pavement is an offense. Logically, parking on the pavement implies that the vehicle has been driven on it. Therefore, video footage of a vehicle moving as it parks on a pavement will aid the police in securing a prosecution.
Pavement parking is undesirable for numerous reasons, particularly because it endangers pedestrians, especially those pushing strollers or using wheelchairs.
If your cul-de-sac is plagued by this issue, all residents should keep a log of dates and frequency of occurrence, and capture images to support their case when seeking assistance from the local council and police.
It seems that your new neighbors are already taking action, so you can ask them to serve as chair and secretary of a newly-formed residents committee to address this issue collectively.
Email your legal questions to Gary: [email protected]
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