Vehicle using my drive as a passing point

Vehicle using my drive as a passing point

Postby Richard C » Sat Sep 02, 2017 12:34 pm

We live in a rural lane, mine & my neighbours adjacent drives are at a point where the road narrows & vehicles & lorries frequently use the bottom 1 metre or so of our combined drives as a passing point. Over several years, this had led to the bottom of both of our concrete drives becoming cracked & subsided. Two large potholes formed at the point where my drive abuts the carriageway which the council claimed are in my drive & flatly refused to repair them in the last round of local pothole filling. This was in spite of photographic evidence clearly showing the exposed edge of my concrete drive with the potholes clearly in the adjacent asphalt carriageway. My neighbour replaced his drive about 3 years ago & the bottom of my drive has become so badly damaged that I’m having it completely replaced, the potholes repaired & a 200mm visible kerb stone placed at the bottom to define the boundary between my drive & the highway.

This work is costing me well into 4 figures & I don’t want to have to repeat this expense in a few years time so my question is what else can I legally do to try & prevent vehicles constantly using the bottom of our drives as a passing point? There is no footpath & I’ve also been advised by someone (not by the council) that the council own the 1 metre strip of land between the carriageway & my legal boundary. This is not shown on my small deeds drawing but there is a grass verge & a hedge set back 1m from the carriageway. If the council indeed own this 1m strip, are they not responsible for repairing the damage to the bottom of my drive let alone filling the potholes which caused it to deteriorate so badly? I’m tempted to place large white boulders or reflective bollards at the boundary between my drive & the carriageway to deter vehicles but if someone falls over one or hits one of these & damages their vehicle would I be liable?
Richard C
 
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Re: Vehicle using my drive as a passing point

Postby Eliza » Sat Sep 02, 2017 7:04 pm

Have you thought of putting a chaingate fence there across the boundary? That would prevent them using your drive for passing purposes - but you could undo it to gain access to your drive yourself.
Apologies for not giving exact personal details in my posts - you never know who is reading....
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Re: Vehicle using my drive as a passing point

Postby jonahinoz » Sat Sep 02, 2017 8:46 pm

Hi,

LAs (and the police) usually insist that the carriageway extends up to your boundary feature ... wall, fence, hedge, etc. Any vehicle parked on that strip of land must be street legal ... tax, insurance, MOT. If the strip outside your gate is not "repairable at public expense" a vehicle does not require tax or MOT. If the general public have access to the strip, then the car must have insurance, a V5, and number plates. Ask the LA if you can park an untaxed car on your strip.

Using a Vehicle in a manner causing alarm, distress or ANNOYANCE to a member of the public
Section 59 of the Police Reform Act 2002 provides that if someone drives a motor vehicle in a manner which “is causing, or is likely to cause, alarm, distress or annoyance to members of the public” .... Google.

It is an endorsable offence to drive a motor vehicle onto private land without authority, except for the purpose of parking within 15 yards/metres of a public highway. (I think Pillman is able to expand on that). The vehicle must park, not just drive on and off again.

Ask your friendly neighbourhood copper to come along and watch.

I have visions of you erecting a big, but thin , hoop across your drive way. Big enough for you to drive under, thin enough not to obstruct your line of site, strong enough to deter truck drivers. Or dig two ditches across the strip (it's your strip) deep enough to deter passing vehicles, but far enough apart for you to drive between.

The LA are taking the easy option ... harass them with written queries, make them work.

John W
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Re: Vehicle using my drive as a passing point

Postby Clifford Pope » Sun Sep 03, 2017 11:49 am

It is a fact of country life that driveways, verges, field entrances, etc will be used as passing places.
You have to accept that and either construct your entranceway with reinforced concrete a foot thick to take a 50 tonne lorry, or use rubble and gravel at the lower section and just tip more into the ruts and potholes as they arise.

It's one of the charms of country life that everything isn't always neat and tidy like a suburban street.
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Re: Vehicle using my drive as a passing point

Postby ukmicky » Wed Sep 13, 2017 12:09 am

It is an endorsable offence to drive a motor vehicle onto private land without authority, except for the purpose of parking within 15 yards/metres of a public highway



That law is never enforced except for the occasional motorcyclist riding off road on public land

I have a friend whos house is adjacent to common land with about 2 acres of land surrounding it . Some people with caravans drove through his garden to get onto the common land because previously the council placed some lockable gates to prevent access due to previous incidents with people with caravans . When the police came after my friend called them my friend quoted the law and the police officer just smiled and said its not worth the paperwork . My friend did say he had fun however when the bailiffs turned up because he wouldn't let them back out they way they entered and they couldn't get hold of the people who had the gate keys.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Vehicle using my drive as a passing point

Postby Eliza » Wed Sep 13, 2017 11:56 am

ukmicky wrote:
It is an endorsable offence to drive a motor vehicle onto private land without authority, except for the purpose of parking within 15 yards/metres of a public highway



That law is never enforced except for the occasional motorcyclist riding off road on public land

I have a friend whos house is adjacent to common land with about 2 acres of land surrounding it . Some people with caravans drove through his garden to get onto the common land because previously the council placed some lockable gates to prevent access due to previous incidents with people with caravans . When the police came after my friend called them my friend quoted the law and the police officer just smiled and said its not worth the paperwork . My friend did say he had fun however when the bailiffs turned up because he wouldn't let them back out they way they entered and they couldn't get hold of the people who had the gate keys.



:lol: :lol: :lol: Now there's a "tactful" way of saying things for the politically correct 2010's :lol: :lol: . One can just see it would have been phrased rather differently 20 years ago and will be phrased rather differently again in 10?/20? years time :)

Good tactics.
Apologies for not giving exact personal details in my posts - you never know who is reading....
Eliza
 
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Re: Vehicle using my drive as a passing point

Postby jonahinoz » Sat Sep 16, 2017 4:59 pm

police officer just smiled and said its not worth the paperwork

Hi,

Surely that's what Police Commissioners are for?

Or ask the PC to put it in writing, for reference next time you get a speeding ticket. Source for the goose, etc.

John W
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