The arrival of parking meters and tighter parking controls in Rye, and elsewhere in Rother, has often resulted, as it has elsewhere in the country, in motorists simply parking outside the controlled areas – and Rye News has recently featured stories about uncontrolled parking – with some motorists resorting to parking outside people’s homes to save time and money.
The number of cars on some residential streets like Military Road in Rye has increased, causing a surge in the number of cars blocking driveways and leaving residents with no space to park. This has angered local residents with some going to extreme measures, such as damaging cars to discourage “rude parking”, but is the law any help – or is the only solution to extend parking controls over a wider area?
Simon Roberts, Senior Associate Solicitor at DAS Law, looks at below some key legal facts you need to know if you’re a homeowner frustrated by people parking their car outside your home for days on end.
What action can I take if I can’t park outside my house?
A homeowner has no special legal right to park directly outside their property. All road users have the same right to park anywhere on the public highway as long as their vehicle is taxed and insured and they do not contravene parking restrictions.
How long can a vehicle be parked on the street for?
There is no time limit on how long a vehicle can remain parked in the same space on a road as long as they are correctly taxed and not in breach of any parking contraventions. The exception to this is if the vehicle is thought to have been abandoned, in which case it can be removed by the police or the local authority.
Can I reserve a parking space on the street?
Trying to keep a parking space available outside your home using cones or some other obstacle could be viewed as an obstruction and you may be liable to prosecution – unless your local authority has granted you the right to do so for something such as a funeral.
What if someone else parks on my driveway?
If a vehicle is parked on your driveway without your permission, they are trespassing. As trespass is a civil and not criminal offence, the police will not always get involved. At most, they may send an officer to try and determine the owner of the vehicle and ask them to remove it.
If a car is parked on my driveway, can I block them in?
If someone has parked on your driveway and you were to block them in, your vehicle may be causing an obstruction to the public highway and this is a criminal offence. The owner of the vehicle could therefore call the police.
Some residents have vented their frustrations by damaging offending vehicles. Can they get into trouble with the law?
Vandalising a car is a criminal act and you can be prosecuted. Even if “just” spraying chip fat on the windscreen or blocking the exhaust, these acts could still be classed as vandalism.
If I am a victim of anti-social parking, who do I complain to?
The first step with any anti-social parking problem is to contact your local authority and/or the police. However, there is little the law can do to support homeowners, even if a car blocks your driveway.
The Highway Code can only help if the parked car is causing an obstruction to the road but not in relation to private land. In some circumstances, the local authority can take civil enforcement action if a vehicle is parked in front of a dropped kerb so it would be advisable to contact them.
Another option is to pursue a legal claim for nuisance on the grounds that the driver is interfering with your use and enjoyment of your property – but to do so you’d need to know the identity of the offending vehicle’s owner.
Disclaimer: This information is for general guidance regarding rights and responsibilities and is not formal legal advice as no lawyer-client relationship has been created.
Image Credits: Nick Forman .