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Car parked on dropped kerb

Discussion in 'Motors' started by beachBOYken, 27 Dec 2018.

  1. Gaygle

    Capodecina

    Joined: 7 Nov 2004

    Posts: 15,277

    Location: East of England

    https://www.askthe.police.uk/content/Q440.htm

    Police won't tow the car away because they have no right to. They will only tow the car away if it's obstructing the highway, not private land.

    They can attempt to make enquiries as to who the owner is, but believe it or not, there isn't a specialspec list of phones numbers they can use. All they use is the phone book and if there is no number listed - not much else can be done!
     
  2. Dis86

    Suspended

    Joined: 23 Dec 2011

    Posts: 26,261

    Location: Northern England

    If it's preventing someone reaching the road it is obstructing the highway.
     
  3. paradigm

    Caporegime

    Joined: 26 Aug 2003

    Posts: 36,655

    Location: Staffordshire

    This was how I understand it. If you are impeding someone’s access to the road then it is an offence. If however the driveway was empty then it would only be causing an inconvenience accessing private land, and as such wouldn’t be the same offence.
     
  4. Dis86

    Suspended

    Joined: 23 Dec 2011

    Posts: 26,261

    Location: Northern England

    Precisely.
     
  5. Swifty55

    Soldato

    Joined: 21 Feb 2006

    Posts: 5,647

    Location: Home

    It’s an offence if you block a drive with someone already on it that prevents them accessing the road.

    It is not an offence to block an empty driveway that prevents someone accessing private land.

    That’s how I’ve always understood it.
     
  6. Sindri

    Hitman

    Joined: 7 Jul 2009

    Posts: 597

    Drag/push it so it is blocking the road. Police will move it in no time. May end up getting towed, so hopefully they will get charged for keeping the vehicle in a lock up too.
     
  7. Nasher

    Capodecina

    Joined: 22 Nov 2006

    Posts: 19,581

    It's an offense to park over a dropped curb and block access no matter what afaik, it doesn't matter if a driveway is empty or occupied. But they will only act if someone reports it (and take forever to do anything).

    Your still better off calling a mate and dragging the car down the street. Problem immediately solved. It won't damage it (probably), only confuse the owner.
     
    Last edited: 27 Dec 2018
  8. Shimmyhill

    Mobster

    Joined: 26 Oct 2002

    Posts: 4,156

    Location: Norwich

    I love how someone has taken the time to link to the answer and yet after it people are speculating what the Police should do! Police have very limited powers to tow a car unless it’s causing an obstruction on the highway, not to the highway or an inconvenience - councils deal with parking offences as a rule and will ticket for a while and can eventually remove under abandoned car powers
     
  9. Firestar_3x

    Caporegime

    Joined: 11 Mar 2005

    Posts: 30,512

    Location: Leafy Cheshire

    OP do you live near an airport, could the car be from one of these scam type parking services?
     
  10. Iamzod

    Mobster

    Joined: 7 Dec 2002

    Posts: 3,578

    Location: UK

    Trolley jack under the rear diff, shove the back end around 90 degrees, it's now blocking the road & is causing an obstruction.
     
  11. Nasher

    Capodecina

    Joined: 22 Nov 2006

    Posts: 19,581

    Yea you can move a car around quite easily with a trolley jack. Might be hard on rough tarmac though.
     
  12. snapdragon69

    Hitman

    Joined: 27 Jan 2014

    Posts: 869

    Parking is decriminalised in pretty much all suburbs and cities. This means it has nothing to do with the Police and is the Local Authority and their byelaws and penalties which matter and they vary from Authority to Authority.
     
  13. Dis86

    Suspended

    Joined: 23 Dec 2011

    Posts: 26,261

    Location: Northern England

    Obstructing a public highway is still a criminal offence.
     
  14. snapdragon69

    Hitman

    Joined: 27 Jan 2014

    Posts: 869

    In my opinion, this is not relevant to this case as there is no "wilful"... "obstruction of free passage along the highway" - personally, I can't see this applying to crossing the footpath - I mean have you met our Police these days? Very odd bunch mostly indoors looking for mean online comments and posting bizarre photo tweets. I watched a bit of body cam cops the other days, the short blonde woman actually flailed around giggling and doing a dance at the scene of an attempted murder when a sensior officer congratulated her of her first murder arrest - weirdos!
     
  15. Shimmyhill

    Mobster

    Joined: 26 Oct 2002

    Posts: 4,156

    Location: Norwich

    Parking on a dropped curb isn’t an obstruction of the highway - the closest you can get is obstructing the path so double buggies/wheelchairs can not use them as the path is technically part of the highway and even that’s discretionary under Police powers.

    You’re making the common mistake of thinking nuisance parking falls under Police powers that relate to wilful/actual obstruction of the highway.
     
  16. Dis86

    Suspended

    Joined: 23 Dec 2011

    Posts: 26,261

    Location: Northern England

    I'll explain again...

    Yes it is. If a car is on the driveway beyond the dropped kerb then you are preventing them from reaching the highway. It is a criminal offence. Which is exactly the case in the OP.
     
    Last edited: 27 Dec 2018
  17. Vanquish-Storm

    Mobster

    Joined: 22 Apr 2009

    Posts: 3,372

    Location: North-West

  18. Dis86

    Suspended

    Joined: 23 Dec 2011

    Posts: 26,261

    Location: Northern England

  19. robj20

    Capodecina

    Joined: 9 Apr 2007

    Posts: 10,036

    Get someone to park so close to the front and back of the car they can't move when they get back.
     
  20. Vanquish-Storm

    Mobster

    Joined: 22 Apr 2009

    Posts: 3,372

    Location: North-West

    Why do I? Is this new act only for certain areas?