Got a driveway? Make sure it's fenced off and gated.

[bossjohnc]

A ruling made in the high court of appeal yesterday effectively makes it illegal to park on your own driveway unless access is restricted to the public (e.g. by means of gates and a fence).

I'm glad I have a garage.

http://www.dailymail.co.uk/news/article-1232506/Why-10-000-battle-wardens-inspire-unite-parking-FASCISTS.html

[LiamD]

Technically this affects me. We have a driveway by the house which is gated, but the driveway continues down enough to fit another car on easily, which is where I often park my car. Obviously, it's not gated.

Although I can't see the traffic wardens coming down our little residential street...

[BenLAST]

What about those that park up a curb outside their house? The thousands that do it, the traffic wardens have a busy time on their hands if their enforcing this law!

[bossjohnc]

Well, that was already illegal in London at least* - you'd be lucky not to get a ticket here. Elsewhere in the country you can still get a ticket if you're causing unnecessary obstruction.

*Unless signs tell you otherwise

[LiamD]

I can't see this being enforced anywhere other than big cities.

[bossjohnc]

Tbh, I can't see it being enforced at all. This case is clearly wrong and needs overturning quickly before anyone else gets tickets from overzelous parking wardens.

[Naif]

I'll be sure to bring this up in Law tomorrow... One of my tutors is a Magistrate, I'm sure she'd find this amusing.

[Scotty1.4]

Oh deary me just more typical money making nonsense and paper pushing. Soon we wont even be able to live in our own homes.

[nfbr]

Pfft... What a load of crap.

[Silver!]

My deeds don't allow fencing or walls past the front of the building. Oh dear!

On the plus side, at least in Scotland clamping is illegal!

[nfbr]

My deeds don't allow fencing or walls past the front of the building. Oh dear!

On the plus side, at least in Scotland clamping is illegal!

Round here, clamping comes with a very high risk of death.

[1 Litre Screamer]

We already have to pay £50 a year per car to park on the road outside our house! This is yet another stupid decision that will either cause public outcry or be made common practice. If i saw my car getting a ticket put on it in my own driveway then I would call the police and inform them that I have a dodgy person trying to steal my car from the driveway.

Edited to add, as AL said, when I lived in Leeds the risk of putting clamps or tickets on was too high so they didnt bother. Lots of wardens had many long trips in the backs of vans and "tripped over" if they dare ticket or clamp a motor.

Edited December 2, 2009 by 1 Litre Screamer

[JamesU]

So you park on your drive, no gates or fences.

Surely if you put a "No Trespassers" sign up its illegal for a traffic warden to come onto your property, yes?

[nfbr]

Lucky for us, Our deeds just so happen to cover a 100 yard section of the road infront of the house

[lunalupi]

My deeds don't allow fencing or walls past the front of the building. Oh dear!

We have this problem too! No fences allowed in front of the house except the pre-existing ones.....

[IDGM]

This matter should only be relevant if on street parking restrictions apply directly outside your property. Local authority enforcement officers only have the right to issue a Penalty Charge Notice where this is the case and the restrictions apply across the footway to the boundary of the adjacent property. This new ruling now factors in land accessible to the public without a clear boundary, such as a fence, wall or gate.

Where no parking restrictions apply, it's business as usual.

What about those that park up a curb outside their house? The thousands that do it, the traffic wardens have a busy time on their hands if their enforcing this law!

Well, that was already illegal in London at least* - you'd be lucky not to get a ticket here. Elsewhere in the country you can still get a ticket if you're causing unnecessary obstruction.

*Unless signs tell you otherwise

I think the rule is that signs have to be erected giving permission to park on the footway irrespective of where you live. The Police are able to deal with those deemed to cause an obstruction to the users of the footway where permission to park on it is not granted. I have a strong opinion about it, especially when I'm having to walk in the road with Stan because of selfish gits that do it. Wheelchair users are also put in dangerous situations because of it too. Park fully on the road you muppets.

[Mitchell]

Lucky for us, Our deeds just so happen to cover a 100 yard section of the road infront of the house

sub soil

[Philplop]

Surely if you put a "No Trespassers" sign up its illegal for a traffic warden to come onto your property, yes?

Nope. Trespassing isn't illegal. It's a civil wrongdoing, and is not enforcable by law. All the signs saying "Trespassers will be prosecuted" are bull. You can not be prosecuted purely for trespassing.

[JamesU]

I never knew that at all...

I guess that if you dont have gates, just take your plates off your car every night you get in...they cant do you then!

[pro3mark]

This isn't going to happen to anyone, although they can feck themselves if they think they can.

[Huw Pugh]

I can't see this affecting that many people. If you have a private driveway, off the public highway then i cannot see a court upholding a parking ticket. The key issue here is that although that chap owns the land, for all intents and purposes, his land forms a public highway. If he wants to avoid further tickets, stick some railings up.

[jcarroll]

Do we know the citation as i never trust a broadsheets interpretation of obita dicta, give it a month and some lawyer will kill it off fun funsies

[bossjohnc]

I think the rule is that signs have to be erected giving permission to park on the footway irrespective of where you live. The Police are able to deal with those deemed to cause an obstruction to the users of the footway where permission to park on it is not granted. I have a strong opinion about it, especially when I'm having to walk in the road with Stan because of selfish gits that do it. Wheelchair users are also put in dangerous situations because of it too. Park fully on the road you muppets.

I was waiting for a bite on that one... the rules differ for London. See Highway Code Rule 244

http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_069860

"244

You MUST NOT park partially or wholly on the pavement in London, and should not do so elsewhere unless signs permit it. Parking on the pavement can obstruct and seriously inconvenience pedestrians, people in wheelchairs or with visual impairments and people with prams or pushchairs."

If you park on the pavement in London it's a slam dunk fine, elsewhere, you 'should not' do it, and only risk a fine if you're causing an obstruction.

[RobG]

Ever since i got the driveway done, the fud who lives next door parks his works van half on half off the pavement, and when he puts his bins out, that means you can't get a pushchair past. Last time i walked past i ended up knocking his mirror out there was so little room.

[IDGM]

I was waiting for a bite on that one... the rules differ for London. See Highway Code Rule 244

http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_069860

"244

You MUST NOT park partially or wholly on the pavement in London, and should not do so elsewhere unless signs permit it. Parking on the pavement can obstruct and seriously inconvenience pedestrians, people in wheelchairs or with visual impairments and people with prams or pushchairs."

If you park on the pavement in London it's a slam dunk fine, elsewhere, you 'should not' do it, and only risk a fine if you're causing an obstruction.

As Brian Potter once said

Shudda, wudda, cudda.

It's wrong and dangerous.

Edited December 4, 2009 by IDGM