Lawyer explains whether it’s illegal to park on | Tech News

Finding a car parked throughout the kerb will be a irritating sight for owners, however one professional has now revealed whether or not somebody can legally block the entry to your drive. According to shopper lawyer Dean Dunham, many people are left “surprised” after they be taught that blocking a driveway isn’t truly an offence. In a YouTube video, Dean went on to say that it isn’t truly a felony offence to park on somebody’s drive.

Instead, Dean says that police will inform motorists they both can’t take motion, or that it’s a civil challenge. In a video, he defined: “Lots of people are always surprised to hear, when I tell them, that it’s not actually illegal to park in front of someone’s driveway. It’s not even illegal to park on their driveway.

“That’s because parking on their driveway means that you are parking on private land, and therefore it can’t be criminal. Parking in front of the driveway is not illegal because there is no law that says it is.

“At this point lots of people often say, ‘Yes there is, rule 243 of the Highways Code says do not park in front of someone’s property’. Yes it does say that, but that does not make it a legal requirement.”

Dean went on to clarify that something within the Highways Code is barely a legal requirement if it comprises “must not” initially. He continued: “Here, rule 243 does not say that, it says ‘do not’ meaning it is simply an advisory note.

“What follows is that if you were to call the police, they would not do anything, they would tell you to simply speak to your neighbour or that it is a civil matter.”

Dean nonetheless went on to say there may be an exception. If you may have a dropped kerb, in entrance of your driveway, then he says you’ll be able to call the police or council and clarify somebody has blocked it.

Dean defined: “If you have a drop curb in front of your driveway then you can call the police or local council and say that someone is parked in front of a dropped kerb in front of your driveway because then the local police or authority would potentially have the power to issue a parking ticket.”

The professional says that’s as a result of the “dropped kerb rule” means it’s a parking contravention. He additionally explains that parking on the pavement may very well be deemed illegal if you happen to trigger a potential nuisance to others.

There are another exceptions the place the Highway Code says you can not park on the pavement. Rule 244 states: “You MUST NOT park partially or wholly on the pavement in London or Scotland. Exceptions are allowed in limited circumstances.

“You should not park partially or wholly on the pavement 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.”

Should owners discover somebody parked throughout their drive, Dean advises they need to communicate to the car proprietor earlier than trying to take any additional motion.