My neighbour parks his automotive on the highway blocking my drive, so I typically need to ask him to maneuver it. Where do I stand legally?
R. R., Manchester.
Blocked off: A nuisance neighbour retains parking his automotive in entrance of a reader’s driveway
Dean Dunham replies: There is a standard false impression that parking in entrance of somebody’s driveway or the doorway to their property is unlawful because of Rule 243 of the Highway Code, and that any driver who does this can be confronted with police motion.
Unfortunately, that is typically not the case, as Rule 243 says ‘Do not park in front of an entrance to a property’ and, elsewhere within the Highway Code, in the event you learn language comparable to ‘should not’, it’s not really a authorized requirement.
Rather, it’s advisory. It is just a authorized requirement if the rule states ‘must not’. As such, the police wouldn’t give you the chance that can assist you on this case.
However, there are two eventualities that might help you.
Firstly, Rule 242 says: ‘You must not leave your vehicle or trailer in a dangerous position or where it causes any unnecessary obstruction of the road.’
So, if you feel the owner of the vehicle blocking your driveway has contravened this rule, you could call the police as this would be a criminal offence.
Secondly, if you have a dropped kerb at the end of your driveway, it would be a parking offence if someone parked in front of it.
In this circumstance, you would call either the police or the local council and ask them to issue a parking ticket or a penalty charge notice (PCN).
As it’s a neighbour who is continually blocking your driveway, you may pursue a civil authorized declare for nuisance on the grounds that the motive force is interfering along with your use and pleasure of your property.
This clearly entails spending money on the authorized proceedings and can take a while, however in the event you’re profitable, it ought to provide you with a long-term answer to the issue.
Poorly pet is squeezing our funds
Our canine wants a life-saving operation costing hundreds of kilos and we don’t have insurance coverage. Are we inside our authorized rights to ask the vet to unfold the funds?
T. M., Cardiff.
Dean Dunham replies: While there is no such thing as a authorized requirement for vets to supply credit score, many do. So in case your traditional vet can’t supply this, name round to see if one other follow can.
However, be sure you perceive the dangers in taking out credit score and the repayments you’ll be chargeable for.
Often, the credit score can be interest-free, however it is very important know if that is so and, if it’s not, to recognise how a lot the curiosity can be.
It can also be doable to get assist along with your vet payments from animal charities if you’re in receipt of sure advantages.
The PDSA can present help in the event you stay inside a sure catchment space of one in all its pet hospitals.
For this, you have to be receiving both Universal Credit with out the housing aspect, Child Tax Credit and Working Tax Credit, Pension Credit, Income Support, Jobseeker’s Allowance, Employment and Support Allowance (ESA — income-based solely), Disability Living Allowance (DLA), Personal Independence Payment (PIP) or Adult Disability Payment (ADP), or have to be drawing a state pension and dwelling in council tax bands A to D.
The Blue Cross, Dogs Trust and RSPCA may assist in sure conditions.
- Write to Dean Dunham, Money Mail, Scottish Daily Mail, 20 Waterloo Street, Glasgow G2 6DB or electronic mail [email protected]. No obligation will be accepted by the Daily Mail for solutions given.
