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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 814
Experience:  Solicitor with over 15 years experience.
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Hi, We have a funeral Directors and have a garage door that

Customer Question

Hi, We have a funeral Directors and have a garage door that accomodates our vehicles inside. We require 24 hour access to our building (because of removal of deceased). We also have a H BAR outside this garage door. We have had problems with people parking and blocking this entrance. We have informed the local Police, but they dont seem to care. What is the Law in this case. Many thanks Gregg
Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.
Customer:

Hello I am a solicitor with 20 years experience. I will try to help you with this.

Customer:

Am I right in thinking that your garage door opens onto the public street? Are there any parking restrictions? Can you just explain what you mean by H Bar please?

JACUSTOMER-4dk9r473- :

Hi, Yes, There is a white H-BAR Painted on the ground outside the length of the garage door. The council put this white Line down for us to keep the access clear. People ignore this and also large signs saying that we require 24 hour access because we are Funeral Direvctors. The Garage door opens onto a public street. If we cant get access to this garage we cant even get our Limousine and Hearse out. Thanks

Customer:

I will look this up later but my understanding is that the H-bars are merely advisory - i.e. there is no specific offence of parking over one. They are usually placed to warn against parking in places that would be problematic and it may eb that other offences like obstructing the highway maybe being committed. Even if an offence is committed getting the police or local authority to do anything will be very difficult.

Customer:

It may be that there is nothing practical in terms of legal remedies. As a purely practicla suggestion can you keep the entrance permanently blocked with one of you or your colleagues own cars?

JACUSTOMER-4dk9r473- : Hi, we run a funeral Directors. A sensitive profession, we can't just block the garage door as our customers also use it to enter and vacate the building. When someone dies in the Living room and we need to get our removal vehicle at 3am, we can't say to the family, you will have to wait. There must be something within the Law. Obstructing to the highest level. If I parked outside the local police station car park I am sure it would be moved
Customer:

137 Highways Act 1980 makes it an offence punishable by fine i


(1)If a person, without lawful authority or excuse, in any way wilfully obstructs the free passage along a highway he is guilty of an offence and liable to a fine not exceeding [F1level 3 on the standard scale].

Customer:

I doubt that blocking access would amount to an offence. I think that in reality there is nothing you can do beyond trying to encourage the police or parking authorities to at least look into the possibility of an obstruction being caused. I think that there is nothing you can really do if selfish people choose to block your access. I know this i not the answer you want but I have to answer accurately rather than giving you the answer you want to hear.

JACUSTOMER-4dk9r473- : Hi. Many thanks. Gregg
Customer:

I would be grateful if you would please rate my answer as I will not be credited for the answers i have given you unless you do.