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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7590
Experience:  UK solicitor holding an England and Wales practising Certificate.
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We have problems with a neighbour whos visitors constantly

Resolved Question:

We have problems with a neighbour who's visitors constantly block our driveway which also has a dropped kerb. Can you advise where we stand legally with this please?
Submitted: 3 years ago.
Category: Property Law
Expert:  Thomas replied 3 years ago.
Hi,

Are they (partly) parking on your drive, or are they parking on the public road?

Kind regards,


Tom
Customer: replied 3 years ago.

Public road and pavement right in-front of our house

Expert:  Thomas replied 3 years ago.
Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

The first thing to say is that you are not legally going to be able to do anything against the owners of the property that the people are visiting. They are separate independent persons to those that are visiting so you don’t want to start off overplaying your hand.

Technically, obstruction in this fashion is not permitted under s.86 of the Traffic Management Act 2004. The problem is always getting the local authority/police to actually do something about it.

In the first instance I would make your neighbour aware of the problem and ask them to politely inform the visitor’s that it is not permitted under the above act and any such parking might lead to a penalty notice.

The second thing I would do is to contact the local authority’s highways section and inform them (in writing) of the problem. You should ask them to come and paint lines over the area in front of your property and pester them until they do.

Hopefully, the lines will discourage people from parking there. If they do not then you can attempt to get the local authority/police to attend and issue a penalty but –as you’ve probably guessed – this is only has good as how responsive they are and quite often they will argue that they might have more urgent matters elsewhere.

It’s likely that your going to have to be a persistent pain to the local authority and police on this to make what you consider to be satisfactory headway though I’m afraid.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom
Customer: replied 3 years ago.

Is it actually illegal to park on a dropped kerb?

Expert:  Thomas replied 3 years ago.
Hi

Yes, as you will see from the above Act it is illegal, its just not readily enforced.

kind regards

Tom
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7590
Experience: UK solicitor holding an England and Wales practising Certificate.
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