Parking Across Driveways (PXD)
New Malden Residents’ Association
The association receives frequent complaints about PXD (driveways, or entrances to properties, or alongside dropped kerbs), preventing the exit of motor vehicles from properties. There are also complaints about such PXD preventing access from the highway to properties, but the two are not the same – see below.


Most PXD which occurs is arranged in advance with the occupants of the properties, and the occupants advised of where the driver of the vehicle blocking the driveway can be found.
Nevertheless, a lot is not, with no information shown on the vehicle, or a note put through the letterbox to allow for occupants who are not at home when the offending PXD occurs etc. This inconsiderate behaviour often leads to disputes about entitlement, “need for” a parking place and so on. Not a few offenders put on the flashing lights, as if they had some special right to be there, when in fact the flashing lights make no difference.


WE hope that Members may find the following information helpful, even when it reveals that the law on the subject to be in many cases frustrating.
The association has no power or influence in this matter, but it has obtained the following
information through our local Police, the Borough, the Mayor, and the Department for Transport.
Our MP, Edward Davey, made several of the contacts for us. We are grateful to all who helped.


The Highway Code instructs us all not to park in front of the entrance to a property (Rule 243).
Usually the Highway Code provides the law backing up the rule, but in this case it does not, the reason being that there is none. If you read the colour coding, you will learn that such parking is therefore not an offence, although it can be presented as evidence in a case of liability. Not only that, but nothing is said about occupants parking in front of their own entrance, or about occupants giving permission to friends, tradesmen, or doctors to park on entrances. Again, there is no law about that.
The Police have the power to deal with blockages to entrances to properties which prevent vehicles leaving the property. An officer can deal with the blockage as he sees fit, from requiring the driver of the vehicle to move it, to issuing a PCN. They also have power to have the offending vehicle removed. The Police can regard blocking driveways as wilfully blocking access to the highway.

Action can be taken for continuing and repeated instances of such obstruction.
The Police have no power to clear an entrance for access to a property, however - their powers are therefore one way – they can help you out, but not in. Nor can they regard a property which has no vehicle present on the property as a source of obstruction to the highway. If someone blocks a driveway which gives access to a property with no vehicle inside, no offence has been committed.
The police ask that victims take reasonable steps to locate the driver, and obtain photographs and witnesses. It is illegal to wilfully damage the offending vehicle as retribution. If you do make contact with the driver or firm, and you are told there is nowhere else to park, point out that there is no entitlement to block driveways just because there is building or repair work going on, and ask what arrangements were made with the customer about PXD.
On the other hand, the perpetrators should note that they must leave the driveway sufficiently free for the vehicles on the property to move out freely, and with a good view of the road and pavements.

Some Boroughs have assumed the power to deal with this and other parking problems. Kingston has not, and advises that it has no intention of doing so. No reason has been given to us. Where Boroughs have taken the power to remove vehicles blocking driveways, they often find that the occupant of the property has given permission for it to be parked there. Local Authorities which have accepted PXD administration therefore often require occupants to register their entrance, and attend PXD only on a call-out basis where and when the occupier has not given permission. Where Boroughs have taken on this power, the Police normally do not act. The DVLA does not normally provide detail on the keeper of an offending vehicle for parking across driveways. Victims can of course try, because DVLA assists drivers who can show a reasonable cause, although, from their website, that appears to be about incidents.


So, the only thing you can do, and that only for leaving a property, is to ring 101, the non-urgent police number, to have as much information as possible on location, how long blocked, the enquiries you have made among neighbours and from phone numbers on the vehicle and if you have rung them, etc, what response you have received. Also have information on witnesses, take photographs, and have noted prior incidents from the same vehicle or firm. This Should Be Improved
How silly most of this is. There is no law in the normal sense for what is a serious inconvenience. The accepted practice applies in one direction only. No help in discovering the identity of the offending vehicle, and so on.
NMRA believes there is need to change the law, to make the removal of offending vehicles easier.

The Law should be uniform across the country and clear. We believe that the Local Authority is the best body to administer such law. PXD without the permission of the property occupant should be an offence, whether movement in or out is prevented, or made unnecessarily difficult by blocking space to turn, blocking the view to the entering or leaving vehicle driver, or unsafe. If the vehicle is not removed after an hour from complaint being made, the local authority be required to remove the vehicle. PXD to be not an offence if it occurs with the permission of the occupant under the occupant’s terms. If a dropped kerb is no longer in use, the local authority to sign the dropped kerb
to that effect. If not reported, the local authority to act on its own inspection. DVLA to provide information on keepers of offending vehicles to occupants, so occupants can sue for loss and inconvenience.


Other Views
NMRA welcomes information on PXD from residents, also of other Residents Associations, as to the extent of the difficulty, how policed and with what results.

We would welcome discussion by email to us at jayknowles34@gmail.com or via the 'Contact US' tab on this site.
 

 

15:59, 03 Feb 2018 by Natalie Walton
Tags:

Car Lot

View artists impression

PLANNING APPLICATION FOR 17/19 DUKES AVENUE
Kingston Council Planning Application 17/14193

 

Planning Application for 17-19 Dukes Avenue was approved at the 
Malden & Coombe Neighbourhood Committee held on 12
th September. 
To see what has been passed read The full application link below. 
This development will have absolutely no parking provided as it is 
deemed that adequate parking is available and obviously because 
it is so near to the station and bus routes. There “might” be a provision, 
however, that in the event of a CPZ (Controlled Parking Zone) Scheme 
eventually being put in place, owners/tenants would not be allowed to hold a permit. 
This will not, of course, prevent people living there owning a car!   

 The full Minutes of this Meeting are not yet published (24/9/2017)

 The full APPLICATION

 

 

09:04, 14 Nov 2017 by Natalie Walton
Tags:

Car Lot

View artists impression

PLANNING APPLICATION FOR 17/19 DUKES AVENUE
Kingston Council Planning Application 17/14193

 

Planning Application for 17-19 Dukes Avenue was approved at the 
Malden & Coombe Neighbourhood Committee held on 12
th September. 
To see what has been passed read The full application link below. 
This development will have absolutely no parking provided as it is 
deemed that adequate parking is available and obviously because 
it is so near to the station and bus routes. There “might” be a provision, 
however, that in the event of a CPZ (Controlled Parking Zone) Scheme 
eventually being put in place, owners/tenants would not be allowed to hold a permit. 
This will not, of course, prevent people living there owning a car!   

 The full Minutes of this Meeting are not yet published (24/9/2017)

 The full APPLICATION

08:59, 14 Oct 2017 by Natalie Walton
Tags:

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