Stories have recently been aired in the press about holiday-makers` cars being damaged whilst parked in residential streets near Luton Airport. This has again highlighted the rights of homeowners when it comes to parking outside their property. With vehicle ownership in the UK at an all-time high (over 36 million vehicles licensed at the end of March 2016), and with three-quarters of households having access to a car it is no surprise that parking disputes are more and more common.
Those who live in streets close to railway stations, town centres or large business districts suffer daily problems due to badly or inconsiderately parked cars, and now many such areas are governed by controlled parking schemes with restrictions on where and when people can park. Another solution is for local authorities, including St Albans, to issue parking permits to local residents to ensure roads are not clogged up by commuters or other users.
Unfortunately, even when they buy a resident`s parking permit an individual has no legal right to park outside their own property. As long as a vehicle is taxed and is not contravening any other traffic laws, you may park anywhere on a public highway where it is legal to do so. Good manners and common sense generally keep problems to a minimum, but the fact remains that the roadway in front of your property does not belong to you – it is the public highway.
Rule 243 of the Highway Code requests that people “do not” park their vehicle where it may cause an obstruction to other road users or pedestrians, and uses parking across a driveway as an example. However, the Highway Code does not legally state that a person “must not” park in front of a driveway. A solution to this issue may be offered under the Traffic Management Act 2004, which restricts parking where a kerb has been lowered for the purpose of “assisting vehicles entering or leaving the carriageway across the footway, cycle track or verge.” Unfortunately, taking the legal route to resolve a parking dispute will take time and money.
With pay-on-the-day charges of £21-25 per day at Luton Airport or £7.60 per day at St Albans station it is easy to see why people try save money and choose to park in residential streets instead. You could even pay for your next trip away by avoiding those expensive car parks.
For more information see: https://www.gov.uk/guidance/the-highway-code/waiting-and-parking-238-to-252 and http://www.legislation.gov.uk/ukpga/2004/18/contents
