Is this Van parked illegally?

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Is this Van parked illegally?

he fits it in with a little room with his overhang to the space between the white line end and drive

Ziggy

I can't quite make it out but if the white line is just the 'edge' lines on and either side of speed bumps then it doesn't matter if he overhung it, or parked on it entirely. Obviously he can't park overhanging the dropped kerb though. This is a little beside the point though...
 
As far as I can see as long as the van is taxed, MOT'd and insured he has every right to park on that road where he is. There are no parking restrictions and the fact that he is slowing down the traffic would be considered favourably by the council as evidenced by the speed bump trying to slow people down anyway. I could show you lots of examples of 'bad' parking round my way, not illegal more inconsiderate.
 
What gives you that idea?

Nothing in general law I believe, you may have a local bylaw possibly to this effect, but it won't have national application.


Many Houses have it in their deeds that Vans with advertisements on the side are NOT allowed to be parked on the side of the road,

ME for one and my Grandparents road :p

^ Got rid of their van problem when next door kept it on the corner of their road (y)
 
Many Houses have it in their deeds that Vans with advertisements on the side are NOT allowed to be parked on the side of the road,

ME for one and my Grandparents road :p

^ Got rid of their van problem when next door kept it on the corner of their road (y)

Tends to be on estates, the one I live on (built in the 60's) has a covenant that says no vehicles with signage or lorries can be parked on the public highway on the estate and caravans have to have planning permission to be parked outside of a back garden.
 
Many Houses have it in their deeds that Vans with advertisements on the side are NOT allowed to be parked on the side of the road,

House deeds cannot govern anything outside of the boundary of the property to which they relate, (with the exception of access if theough someone elses property) so would have no influence over the types of vehicles which can or cannot park on the council owned road in front of it.

Tends to be on estates, the one I live on (built in the 60's) has a covenant that says no vehicles with signage or lorries can be parked on the public highway on the estate and caravans have to have planning permission to be parked outside of a back garden.

This seems a more likely explanation than the deed.


Oh just another thought but where does dropped kerbs come into it? Which law or part of the Highway Code makes it illegal to park at a dropped kerb?
 
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Oh just another thought but where does dropped kerbs come into it? Which law or part of the Highway Code makes it illegal to park at a dropped kerb?
Well done folks, this is probably the most comprehensively, and correctly answered thread I've ever seen on FF; including you Andy.
No, the Right of Way really only applies to pedestrians or an access, the existence of which is made possible by a by-law or one passed by Parliament. There may be others but it's nearly midnight so my explanation may be badly worded.

The cycle lane is one that is designed for vehicles to move into if it helps the flow of traffic, although at that point it could be more dangerous for the cyclists as most drivers don't start to deal with obstructions until they are right in front of them. It's possible that a lot of motorists won't anticipate that cyclists may move off the shared pavement into the cycle lane at the same time the car could also move into it to avoid oncoming traffic.

Insurance liability would almost certainly be judged as "Knock for Knock", unless of course it could be shown that one driver had behaved in a manner that caused the collision, such as swerving suddenly and unpredictably round the van.

I can't see that the van is parked illegally, inconsiderately perhaps. Alas, lack of consideration isn't really an offence.

Parking across a dropped kerb can cause an offence of Unnecessary Obstruction to take place. If the kerb is to allow access to or from property, and a vehicle is inside the property, then an offence has taken place - if the driver wants to move off the drive. However, if he needs to get in then there is no offence. It's also an offence to park across a dropped kerb if it's to assist pedestrians with baby buggies, delivery drivers with trolleys or those using mobility scooters. In that case the offence has taken place even if nobody is about to cross there.

As for parking on the pavement, it is illegal to drive along the pavement, as opposed to across it. Once again the possiblity of Obstruction rears its head. Different Constabularies may have different criteria when judging an offence in this situation, but up here it's a simple case of: can you get a double baby buggy past the vehicle?

It may be worth speaking to the local council's Highways Department and expressing concern about the safey to cyclists, e-mail would be a good way.
 
Well done folks, this is probably the most comprehensively, and correctly answered thread I've ever seen on FF; including you Andy.
No, the Right of Way really only applies to pedestrians or an access, the existence of which is made possible by a by-law or one passed by Parliament. There may be others but it's nearly midnight so my explanation may be badly worded.

The cycle lane is one that is designed for vehicles to move into if it helps the flow of traffic, although at that point it could be more dangerous for the cyclists as most drivers don't start to deal with obstructions until they are right in front of them. It's possible that a lot of motorists won't anticipate that cyclists may move off the shared pavement into the cycle lane at the same time the car could also move into it to avoid oncoming traffic.

Insurance liability would almost certainly be judged as "Knock for Knock", unless of course it could be shown that one driver had behaved in a manner that caused the collision, such as swerving suddenly and unpredictably round the van.

I can't see that the van is parked illegally, inconsiderately perhaps. Alas, lack of consideration isn't really an offence.

Parking across a dropped kerb can cause an offence of Unnecessary Obstruction to take place. If the kerb is to allow access to or from property, and a vehicle is inside the property, then an offence has taken place - if the driver wants to move off the drive. However, if he needs to get in then there is no offence. It's also an offence to park across a dropped kerb if it's to assist pedestrians with baby buggies, delivery drivers with trolleys or those using mobility scooters. In that case the offence has taken place even if nobody is about to cross there.

As for parking on the pavement, it is illegal to drive along the pavement, as opposed to across it. Once again the possiblity of Obstruction rears its head. Different Constabularies may have different criteria when judging an offence in this situation, but up here it's a simple case of: can you get a double baby buggy past the vehicle?

It may be worth speaking to the local council's Highways Department and expressing concern about the safey to cyclists, e-mail would be a good way.


You know what - thats an excellent idea :)

Btw i was asking if its is illegally parked, not that it is parked illegally
But yes - its a pain as i regulary go past and its parked there

it gathers water - people do walk - i dont wanna splash them and be in friggin court because "they got wet"

ziggy
 
Parking is a perennial problem Ziggy, almost everywhere in a built up area. We have a problem near here whereby the local Council are getting their knickers in a twist over the pavement, made up of 50cm paving stones, being made very uneven by vans and cars parked on it. It's very difficult to deal with as it's a Police matter, but the vehicle has to be witnessed by an officer actually driving along the pavement.

Of course it would have been better if they'd just tarmacced it instead but, hey ho.

At the back of our house we used to have a piece of waste ground but the local GPs built a brand new surgery on it. We were consulted fully and were fully in favour as the land just ended up with fly-tippers dumping on it.

However, three years ago we were told they were going to extend the surgery by adding a two storey extension at the rear. Although we were fully supportive of the initial development, we objected to the extension, mainly on grounds of traffic and parking. Needless to say, despite some dodgy assertions by the surgery and some equally dodgy ignoring of residents' objections by the Council the application was approved.

This morning, at our end of the street there were 11 parked cars. Only two of them belonged to residents.

Just another thought, you could try going onto Cycle Chat or some other cycle forums and ask if any members had had any near misses on that road.
 
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The Bearded one's suggestion of emailing the local Highways dept. is a good one.
Near us there are 2 private schools nearly opposite each other, so you can imagine twice a day it is wall to wall Range Rover Sports, X5's, Cayennes etc etc. To add to the fun, once the little treasures have been dropped off, the cars from one of the schools has to exit from a side road on to a very busy road, but the view to the left has for at least 10 years been made very difficult by a hedge, which although cut low has been allowed to "bow" out so that it fills half the width of the pavement. Which means that cars exiting that junction have to pull out further than is really safe, just to look left. Being such a busy junction you would have thought this would have been dealt with, but no.
So recently I decided to email the local council, and guess what? Within 2 weeks, the hedge has been trimmed back! I suspect the householder has been told to do it as it is a private (not privet!) hedge.
Result for The Codger!! But how many near misses, and actual prangs have taken place and nothing was being done?
Sometimes it is up to us in the end.
 
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