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Poll: Should Lewisham Council carry out the law
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Cars blocking driveway
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Broddie


Posts: 6
Joined: Nov 2007
Post: #1
14-11-2007 01:49 PM

There's nothing that annoys me more than to be blocked on or off my driveway.
It seems that Lewisham Council has been ignoring the law, which has now made provision to stop people doing it.
Why is our council not doing anything when it should by law? (Councillors please answer.) I thought the money grabbers at the council would be only to eager.
See the report in this site, TheBigRetort, it's pretty astonishing really. If the council doesn't help me next time I may sue.

http://thebigretort.blogspot.com/2007/11...icket.html

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Mrjamon


Posts: 46
Joined: Jun 2007
Post: #2
14-11-2007 02:46 PM

If anyone is interested in renting a dry, clean lockup garage on Honor Oak Road please let me know.

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Foresters


Posts: 207
Joined: May 2006
Post: #3
14-11-2007 07:53 PM

Broddie Wrote:

See the report in this site, TheBigRetort, it's pretty astonishing really. If the council doesn't help me next time I may sue.

http://thebigretort.blogspot.com/2007/11...icket.html


Interesting article. Do you have a reference to the "'NEW' LAW" that it refers to, by any chance?

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Broddie


Posts: 6
Joined: Nov 2007
Post: #4
14-11-2007 08:16 PM

Foresters Wrote:

Broddie Wrote:

See the report in this site, TheBigRetort, it's pretty astonishing really. If the council doesn't help me next time I may sue.

http://thebigretort.blogspot.com/2007/11...icket.html


Interesting article. Do you have a reference to the "'NEW' LAW" that it refers to, by any chance?


Yes, it's in the article...
Section 14 of the London Local Authorities and Transport for London Act 2003

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RussB


Posts: 15
Joined: Oct 2007
Post: #5
14-11-2007 09:59 PM

Here's a link to the act: http://www.opsi.gov.uk/acts/localact2003...30003_en_1

Article 14 spans the end of the second page the start of the third.

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Foresters


Posts: 207
Joined: May 2006
Post: #6
15-11-2007 08:38 AM

RussB Wrote:
Here's a link to the act: http://www.opsi.gov.uk/acts/localact2003...30003_en_1

Article 14 spans the end of the second page the start of the third.


OK, that seems clear... apart from the fact that it refers to the road in question being in a 'Special parking area':
" ?special parking area? means a special parking area designated by an order made by the Secretary of State under section 76(1) of the Road Traffic Act 1991"

I took a look at what this constitutes and got confused (see http://www.opsi.gov.uk/acts/acts1991/ukp...-pb3-l1g76 )

Does anyone know for sure?

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Broddie


Posts: 6
Joined: Nov 2007
Post: #7
15-11-2007 09:38 AM

Foresters Wrote:

RussB Wrote:
Here's a link to the act: http://www.opsi.gov.uk/acts/localact2003...30003_en_1

Article 14 spans the end of the second page the start of the third.


OK, that seems clear... apart from the fact that it refers to the road in question being in a 'Special parking area':
" ?special parking area? means a special parking area designated by an order made by the Secretary of State under section 76(1) of the Road Traffic Act 1991"

I took a look at what this constitutes and got confused (see http://www.opsi.gov.uk/acts/acts1991/ukp...-pb3-l1g76 )

Does anyone know for sure?



Please contact any of the authorities mentioned in The Big Retort. Some have an online form which a homeowner should fill in authorising the issue of a penalty notice for anyone parking (other than the owner) across a driveway. It is enshrined in the 2003 Act, not the earlier 1991 law. I'm only amazed that it was not widely reported like the Congestion Charge etc.

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roz


Posts: 1,790
Joined: Mar 2005
Post: #8
15-11-2007 02:19 PM

I don;t know about this new law, but if you have a dropped kerb to your driveway then the offender is obstructing the public highway, as the ' highway' is deemed to include the area across the footpath to your drive. I believe you can get the police out to do something about it. Is this still not the case? I watched something similar transfold in Dartmouth Road a few weeks ago.

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Broddie


Posts: 6
Joined: Nov 2007
Post: #9
15-11-2007 02:55 PM

roz Wrote:
I don;t know about this new law, but if you have a dropped kerb to your driveway then the offender is obstructing the public highway, as the ' highway' is deemed to include the area across the footpath to your drive. I believe you can get the police out to do something about it. Is this still not the case? I watched something similar transfold in Dartmouth Road a few weeks ago.


It used to be that if you were blocked on your drive you could call the police out... the new law changes this.
It allows your council to issue a fine to the offender and, in some cases, also remove the vehicle.
If you have ever had to call the police out on such a matter you no doubt know that they, historically, have been far too busy. I don't belive that's changed.
USE THE NEW LAW THROUGH YOUR COUNCIL WHICH HAS A STATUTORY DUTY TO ACT - IF NOT SUE IT.

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Sherwood


Posts: 1,350
Joined: Mar 2005
Post: #10
17-11-2007 01:08 PM

In the past whenever this happened to me, the police always said they could not prosecute.

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roz


Posts: 1,790
Joined: Mar 2005
Post: #11
17-11-2007 07:17 PM

This did happen to us in 2005 when we were blocked in several times by a former neighbour late one night and he would not answer the door. Well after the act came in. We did call the police and they did come out and knock on his door until he got out of bed and moved it. Swearing actually, but by that time I could not care less.

I called the Council on Friday afternoon about another car parked right across the pavement making it difficult for people to get through. The Council said it was an enforcement problem or a police problem. I could not get through to either number so have given up.

I think our Councillors need to answer the point about the Council not recognising the law re blocking driveways, or refer the matter to the Forest Hill Society Transport Committee who could write directly to the relevant senior officers in the Highways/parking enforcement departments.

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Sherwood


Posts: 1,350
Joined: Mar 2005
Post: #12
18-11-2007 04:47 PM

I have given up parking in my drive. My car now takes up a space on the road!

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Broddie


Posts: 6
Joined: Nov 2007
Post: #13
19-11-2007 10:11 AM

Sherwood Wrote:
I have given up parking in my drive. My car now takes up a space on the road!


There is no escaping the law... for your council or the police. They have to ticket a car blocking a drive, or ticket and remove. It's now following the 2003 Act, your 'right of way'.

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Broddie


Posts: 6
Joined: Nov 2007
Post: #14
19-11-2007 05:40 PM

I see the vote is going in favour of "yes". But I'm sure that "know" is a typo, so, hopefully, the person in support of it meant "don't know".

Here's the law for those that may need to cite it.

London Local Authorities and Transport for London Act 2003.

14 Parking at dropped footways (1) This section shall apply to any part of the carriageway of?
(a) any GLA road or GLA side road in a special parking area; and
(b) any other road in a special parking area in the area of a borough council,
which is adjacent to a dropped footway.
(2) But this section shall not apply in respect of any part of the carriageway during any period in which?
(a) an order under section 6 or section 9 of the Act of 1984 (which make provision about road traffic regulation orders) prohibits or permits the waiting of vehicles on it; or
(b) an order under section 45 of the Act of 1984 (Designation of parking places on highways) provides for its use as a designated parking place.
(3) A driver of a vehicle shall not at any time cause it to wait on a part of a road to which this section applies and the prohibition under this subsection shall be enforceable as if it had been imposed by an order under the said section 6.
(4) In the case where?
(a) residential premises have a driveway which is not shared by other premises; and
(b) the purpose of the dropped footway is to assist vehicles to enter or leave the road from or to the driveway,
the relevant borough council or Transport for London, as the case may be, may not issue a penalty charge notice in respect of any breach of the prohibition under subsection (3) above unless requested to do so by the occupier of the premises.
(5) Nothing in subsection (3) above shall require the placing of any traffic signs in connection with the prohibition thereby imposed.
(6) Nothing in this section shall prohibit the driver of a vehicle from causing it to wait in the circumstances mentioned in subsection (3) above?
(a) if the vehicle is being used for fire brigade, ambulance or police purposes;
(b) if the driver is prevented from proceeding by circumstances beyond his control or it is necessary for him to wait in order to avoid an accident;
© for so long as may be necessary for the purpose of enabling persons to board or alight from the vehicle;
(d) for so long as may be necessary (up to a maximum of 20 minutes) for the delivery or collection of goods or merchandise or the loading or unloading of the vehicle at any premises if that cannot reasonably be carried out as respects those premises without waiting as mentioned in subsection (3) above; or
(e) if the vehicle is being used for a purpose to which subsection (7) below applies and cannot be used for that purpose without so waiting.

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