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Author Topic: War has been declared  (Read 3882 times)

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JamesV6CDX

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Re: War has been declared
« Reply #30 on: 14 December 2008, 19:14:07 »

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I'm not sure what you mean.  We have very low curbs with sidewalks on both sides, but a very narrow road.  I have to back out and onto the opposite curb to get out of the drive.  There is almost nowhere to go when there is a car parked half on the opposite curb.
Pretty sure ,that unless there is a sign allowing it, you can't park with one side of the car on the kerb

I might be wrong here so don't take this as gospel - but I'm sure we were told that (In E+W at least) that the legal definition of a "road" includes the bit the cars drive on - AND the pavement - basically the distance between properties on either side.

Therefore, I don't think it's illegal to park with part of the vehicle on the kerb, unless it could reasonably prevent pedestrians (including things like prams) getting past safely.

Not read the rest of this thread so far (doing so now....) but it is an offence to a) park on a footpath (either wholly or in part) as well as b) drive on a footpath.  One applies to cars, the other applies to LGV's - not checked up yet which is which....   ;)

Not questioning you for a second B, but we were quite firmly told something different re. parking.

Maybe it differs between E/W and Scootland?
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hotel21

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Re: War has been declared
« Reply #31 on: 14 December 2008, 19:15:30 »

Would think it comes under reg 103, RV(C&U) Regs, but here are a few, specifically for Englandshire.  (good old Google....)

Section 28 Town Police Clauses Act 1847 - wilfully causing an obstruction to any public footpath or public thoroughfare.
Regulation 103 Road Vehicles (Construction and Use) Regulations 1986 - vehicles causing unnecessary obstruction of the road (including verge).
Section 22 Road Traffic Act 1988 - leaving vehicles in a dangerous position on the road (including verge).
Section 137 Highways Act 1980 wilful obstruction of the free passage along a highway.
Section 72 Highways Act 1835 - driving on any footpath or causeway by the side of any road made or set apart for the use or accommodation of foot passengers.
Section 131(1)(c) Highways Act 1980 - deposits anything whatsoever on a highway so it would damage the highway.

Also, did a breeze through various forums (fora?) and general concensus is that the offence is only complete if there is a) a legally authorised drop kerb (not a chunk of timber or constructed steel to raise the access to the kerb) and b) the vehicle is preventing a vehicle leaving a driveway, not entering.

Doubtfull if parking opposite the entrance would constitute the offence, but each case must be considered on its merits.

Whilst I agree its unlikely that a cop would come out with lights and sirens ablaze, its still a Community issue and as such (up here at least) a Community Cop would attend sometime.     ::)
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LaserLance

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Re: War has been declared
« Reply #32 on: 14 December 2008, 19:16:46 »

i f you have any mates who are tyre fitters ask them for some tyre bead soap and wipe it all over his wiper blades and screen ,when goes to clean it ,it soaps up something terribly  ;D ;D ;D ;D ;D and it a right so and so to get off as well ;) ;) ;) ;)
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JamesV6CDX

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Re: War has been declared
« Reply #33 on: 14 December 2008, 19:19:24 »

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Would think it comes under reg 103, RV(C&U) Regs, but here are a few, specifically for Englandshire.  (good old Google....)

Section 28 Town Police Clauses Act 1847 - wilfully causing an obstruction to any public footpath or public thoroughfare.
Regulation 103 Road Vehicles (Construction and Use) Regulations 1986 - vehicles causing unnecessary obstruction of the road (including verge).
Section 22 Road Traffic Act 1988 - leaving vehicles in a dangerous position on the road (including verge).
Section 137 Highways Act 1980 wilful obstruction of the free passage along a highway.
Section 72 Highways Act 1835 - driving on any footpath or causeway by the side of any road made or set apart for the use or accommodation of foot passengers.
Section 131(1)(c) Highways Act 1980 - deposits anything whatsoever on a highway so it would damage the highway.

Also, did a breeze through various forums (fora?) and general concensus is that the offence is only complete if there is a) a legally authorised drop kerb (not a chunk of timber or constructed steel to raise the access to the kerb) and b) the vehicle is preventing a vehicle leaving a driveway, not entering.

Doubtfull if parking opposite the entrance would constitute the offence, but each case must be considered on its merits.

Whilst I agree its unlikely that a cop would come out with lights and sirens ablaze, its still a Community issue and as such (up here at least) a Community Cop would attend sometime.     ::)

A lot of the above mention obstructions - does that mean if a car is taking up 2 feet of a 10 ft pavement, leaving ample room for road and pedestrians, the offence is not complete? (I'm not challenging you by the way - just trying to work it out in my head)...

Down here, they'd probably sent the local PCSO..  ::)
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Welung666

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Re: War has been declared
« Reply #34 on: 14 December 2008, 19:24:15 »

Don't get me started on PCSO's!!  >:( >:( >:(
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hotel21

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Re: War has been declared
« Reply #35 on: 14 December 2008, 19:25:07 »

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A lot of the above mention obstructions - does that mean if a car is taking up 2 feet of a 10 ft pavement, leaving ample room for road and pedestrians, the offence is not complete? (I'm not challenging you by the way - just trying to work it out in my head)...

Down here, they'd probably sent the local PCSO..  ::)

Does that include the blind person using a white stick and the kerb as his guide?  

Glad we dont have PCSO's up here....
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bighed

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Re: War has been declared
« Reply #36 on: 14 December 2008, 19:27:19 »

Get 8 bigish nails and leave two propped against the front and rear of each tire. Either way he pulls off he gets 4 flat tires a distance from home
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Welung666

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Re: War has been declared
« Reply #37 on: 14 December 2008, 19:27:27 »

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Glad we dont have PCSO's up here....

I wish we didn't either  >:(
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Martin_1962

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Re: War has been declared
« Reply #38 on: 14 December 2008, 19:35:55 »

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we have 2 neighbours who have noisy dogs barking 24/7, another whos kid cannot communicate without screaming constantly and yet another who loves his bass (sh1te) music.
 the last one seems to have visitors who likes to "abandon" their vans/cars in front of the car garages even though there is a perfectly good lay-by 10 foot away !!!
i blooming can't wait to move !!!!!! ::)


BLocking garages - time to drag them away
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JamesV6CDX

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Re: War has been declared
« Reply #39 on: 14 December 2008, 19:48:57 »

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A lot of the above mention obstructions - does that mean if a car is taking up 2 feet of a 10 ft pavement, leaving ample room for road and pedestrians, the offence is not complete? (I'm not challenging you by the way - just trying to work it out in my head)...

Down here, they'd probably sent the local PCSO..  ::)

Does that include the blind person using a white stick and the kerb as his guide?  

Glad we dont have PCSO's up here....

No idea - I have had an "overview" on the subject, at best  :-[


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amigov6

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Re: War has been declared
« Reply #40 on: 14 December 2008, 19:53:10 »

I imagine if he's parked at the kerb not on it & not on yellow lines or any other parking restrictions he's legally within is rights to do so albeit at your inconvenience. All the suggestions of what to do to his car are funny but amount to criminal damage. Given that he won't fit in & park in a neighbourly fashion, i'd rather be charged with face to face assault than pussying around with his car behind his back.
    
   HIT HIM!
                                                                                                                                          
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Welung666

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Re: War has been declared
« Reply #41 on: 14 December 2008, 20:10:55 »

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   HIT HIM!
                                                                                                                                          

Sound advice there m8 :y
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Plomien

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Re: War has been declared
« Reply #42 on: 14 December 2008, 20:44:35 »

throw some dog sh!t up inside by the radiator ;D
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doog

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Re: War has been declared
« Reply #43 on: 15 December 2008, 02:11:33 »

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my old man had a similar problem at his last house. basically the nice policeman said that it's an offence to cause an obstruction that stops a person getting his vehicle OFF his drive. but its not an offence to stop a person getting ON his drive. he aslo said that your chances of getting an officer to turn out and resolve the issue are very slim.


Hello theres a man blocking my driveway with his car ........... oh and i "think" he has a knife

they will be there in 2 mins tops

Doug
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zippo

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Re: War has been declared
« Reply #44 on: 15 December 2008, 02:47:48 »

The way we've recently had a similar situation explained to us is this .If your access or exit is restricted by another vehicle you have grounds to complain to the Police. It doesn't matter whether he parks his car out side his own house or either side of your drive .If you struggle to leave or enter your drive he has to move/Park else where .That comes straight from the horses mouth so to speak .But lodging a complaint and actually achieving a satisfactory out come are two different things .I suppose it depends on who is sent to deal with the ignorant sod
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