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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am a member of a cricket club that has a double gate, then

Resolved Question:

I am a member of a cricket club that has a double gate, then approx 12ft driveway that crosses a tarmac pavement onto the public road via a dropped kerb. Ours is the only entrance/exit along this 300 yard section of road. Access is required at all sorts times for deliveries, meetings, functions and of course matches etc. Because parking is at a premium our driveway access/exit is blocked by parked vehicles (even when the gates are open) by either parking across the dropped kerb or on the driveway, most of which is part of the public highway. Can you advise as to the legal position please?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Just so that I am clear, people are parking on the highway blocking the drive to the club, or they are parking on the club road?

Customer:

Both. Across the dropped kerb and on the short driveway approx 12ft having crossed the footpath, about 9ft of which runs through an embankment having crossed the footpath to our inset gateway. So about 3ft is ours and 9ft is the public highway. our gatesare set back by 3ft from our actual boundary line. Hope this explains it?

Alex Watts :

Is the road private which the people are parking to the club please?

Customer:

Our club is situated adjacent to an unclassified through metaled road and the short entrance driveway, or perhaps more accurately described as an apron, is at right angles to it. The road is maintained at public expense with a tarmac footpath and a grassed bank up to our boundary. On the opposite there is a row of semi-detached houses on top of a bank so there are no vehicle entrances on either side of the road, except ours, for a distance of some 300 yds There are double yellow lines on the houses side of the road, but not on our side, hence why parking space is at a premium. To gain access to the apron and drive through our gates there is a dropped kerb, the footpath and then the apron, all of which is owned by the highway authority for about 9 ft. Just before our gates the remaining 3ft is inset behind our boundary line, so technically I assume this would be our property although visually it is part of the apron. If a car or van was parked on the apron the majority of it would still be on public highway ground.

Alex Watts :

Have you approached the Council about putting restrictions down?

Customer:

Yes and they have declined i think because of the cost for about 10 ft of double yellow lines.

Alex Watts :

Then you have limited options I am sorry to say:

Alex Watts :

1) Make a formal complaint to the Chief Officers Office at the Council

Alex Watts :

That department will investigate the complaint and report back to you

Alex Watts :

2) If you are not happy then you can go to the Local Government Ombudsman

Alex Watts :

They are independent of the Council and can investigate this complaint for you.

Alex Watts :

They provide a free service and their website is: www.lgo.org.uk

Alex Watts :

3) Your Councillor

Alex Watts :

They are elected by you and therefore you should approach them and explain your problem

Alex Watts :

They can lobby the Council on your behalf to take action

Alex Watts :

Hopefully one of the above steps will resolve this for you.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thanks so far and yes please. What is the legal position regarding anyone parking across the dropped kerb or on the apron - is it an offence, ie obstruction? If so Act and section or regulation.

Alex Watts :

It could be considered careless under the Section 3 Road Traffic Act 88

Alex Watts :

Or obstruction pursuant to Section 137 Highways Act 1980

Alex Watts :

Does that help?

Ash and 2 other Law Specialists are ready to help you

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