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Where should I park my car?

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Rachkt | 14:27 Mon 17th Aug 2009 | Law
10 Answers
I was wondering if you could help me resolve a parking issue I'm having.

I live in small cul-de-sac with my boyfriend, and he owns his own business. He has a large van, and uses his garage to store equipment for his business, along with his motorbike and racing bike. He therefore parks his van on our driveway. This means that I have to park my car away from our house, and this is where the problem has arisen.

Initially, I parked the car to the left of our house - it wasn't blocking anyone's driveway. But a gentleman from a couple of doors down who also owns his own business and a large van asked me to park my car elsewhere so he could park his van outside his house. I therefore moved my car.

For the past couple of months, I have been parking my car up on a kerb across the street opposite my house. It's parked outside a lady's house. She has no car, and no driveway, and my car hasn't been blocking the pavement.

Today, the lady came knocking at my door asking me to move my car as she had visitors and my car was blocking their way. I went to move my car, which wasn't really in the way. The lady then told me not to park my car there again.

What is the answer to all of this? Am I right to park there, or not?

Your advice would be much appreciated!

Thank you.
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No-one has an automatic right to park outside their house on the public highway.

Youve been polite and have moved when requested, though you didnt have to.

Whats stopping you from parking outside your own house though?
This is a difficult one which increasingly happens on residential streets as more and more people acquire cars. The answer is that nobody owns the street immediately outside their own house. It is a public highway and anybody can park there. We have suffered this problem ourselves, living in a cul-de-sac and legally there is nothing that residents can do to stop neighbours or other members of the car owning public parking outside their property, providing there are no parking restrictions in force. It's irritating especially if people park inconsiderately, but no neighbours can't stop you parking in your own road.
Is there anybody else in your cul-de-sac who owns a driveway but no car who would be prepared to let you park your car on there, even for a very small fee? Alternatively, get together with your neighbours over a cup of coffee and see if you can come up with a collective solutation without coming to blows.
Whoever is absolutely right. In addition, noone has an actual 'right 'to park on any public road - it is usually fine, but you can be asked to remove your vehicle by the police if they so desire, especially if it causes traffic problems.

The other respondents are absolutely right, as long as your car has valid road tax and insurance you can park freely without causing an obstruction on a public road .Except
of course not where it is illegal to do so. e,g yellow lines , bus stops etc.


Situations like this are a nightmare to solve , without a lot of negotiation , if you are to avoid upsetting your neighbours.

Best of luck ..
This is the type of dispute that can usually be resolved by mediation. Check with the council or CAB to find out if there is a mediation service in your area; they specialise in neighbourhood disputes.
"What is the answer to all of this? Am I right to park there, or not? "

No, you can't because it is, as you say "up on a kerb " I have assumed that you mean you have wheels on the pavement, then you cannot park where you do now and should find elsewhere to park legally
The answer to this is indeed quite simple.

Park wherever you want to (and are able to) whenever you like whilst ensuring you do not contravene any parking restrictions, park on the pavement (even with two wheels) or block anybody's drive.

You have been most co-operative with the van driver and the lady across the road. However, they have no more right to a reserved parking space than you do.

Mediation will not work. The van driver wants the space for his van every day - he will not settle for odd-numbered days or months with an 'R' in them. The lady opposite does not want you to park outside her house at any time (for reasons best known to her, but presumably in case she has a friend drop in for tea) and there is no room for negotiation there either.

You will not avoid upsetting your neighbours but they, of course, had no qualms about upsetting you. It is they, however, who seem to be labouring under the misapprehension that the space outside their house is �theirs� to use or control. They will have to learn, as has been pointed out, that it is "first come, first served" and will have to be prepared for a little disappointment from time to time.

Life�s a bit like that sometimes.

In simple terms, every vehicle on the road causes an obstruction by virtue of the space it occupies.

That said, as has been pointed out, nobody has an absolute right to park outside or even near their home, unless they own the land that they wish to occupy. There are simple and acceptable rules to follow.

Never park where you will cause an obstruction, or in contravention of a waiting regulation. Never park wholly or partly on the footpath. Never park within 15 yards of a junction during hours of darkness without displaying lights. (Archaic, but still relevant)

Finally, your neighbour has exactly the same rights to occupy any part of the road for parking, as you have.

Equally, he has no right to ask you to move if you are parked legally.

Just get there first.
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Thank you all so much for your help!

The reason I can't park outside my own house is because my nextdoor neighbour's driveway would then be blocked.

My boyfriend has since been over to speak to the lady, who had clearly calmed down since her visit to our house. She told him that she doesn't mind me parking my car there after 5pm, so I suppose that's a positive step from not being allowed to park there at all!

Thanks again.
Actually Rachkt, what you may find, is that the only people who should not be parking there are your boyfriend and your neighbour with the van. Lots of residential areas especially new build ones specifically rule against company vehicles being parked in the driveways and your boyfriend may also be contravening the rules by using his garage for his business - whether there is anything that could legally be done to stop any of these practices is another story though. I guess that you could hardly report your neighbour for his van when your boyfriend also has his parked there.

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