Motorists and homeowners are being warned that they could face a hefty £1,000 fine for attempting to reserve their own parking space, particularly on narrower streets.
The issue of other drivers consistently parking outside your property, thereby preventing you from parking outside your home, can be tricky. Some might consider using a traffic cone to secure a parking spot in front of their home, but motoring experts at Select Car Leasing warn that this could have serious consequences.
Contrary to what many believe, the law does not automatically grant ownership of the space outside one’s house. In fact, trying to reserve it could land you in hot water for breaking the law.
What the law says
Graham Conway, managing director at Select Car Leasing, stated, “According to the Highways Act of 1980 any person who wilfully obstructs the free passage along a highway is guilty of an offence and liable to imprisonment or a fine. It might seem harmless to set out cones to block a parking spot in front of your home, particularly if you live on a street without parking permits or there aren’t a lot of other spaces available.”
But it is important to remember that public parking spaces belong to all motorists. Using cones to claim a space can interfere with the public’s right to park in the area, which is considered an obstruction under UK law.
“Placing cones on public roads to block parking spaces is illegal unless you have specific permission from the local council or relevant authorities. Even if it’s only for a short period, residents need to be aware that there can be severe consequences for obstructing public parking spots,” Graham continued.
“These rules apply to all objects that may block public parking spots, too, including skips. If you’re doing construction work and need to block any parking spots, be sure that you obtain a skip licence.
“While skip hire companies often take care of the licence application for you, it’s always wise to double-check with them to ensure everything is in order. Failure to obtain a skip licence can result in a fine of up to £1,000.”
What to do if someone else is blocking parking spaces
If you have got a neighbour who regularly uses parking cones to reserve parking spots, it is always best to talk to the person responsible and politely request that they move the cones off the street. If that fails, take photographs to document the obstruction.
This gives you evidence to present to the council if you wish to escalate it further down the line.
According to AskThePolice UK, you must ensure that you: Avoid damaging or clamping the vehicle, or employing a third party to dispose of or store it, without first seeking legal advice. Taking such measures may result in criminal charges or civil action from the owner.
“Under no circumstances would we advocate you merely pushing the vehicle on to a road and leaving it there as you may commit a number of offences.”
You may also consider taking legal action to have the vehicle removed, which could be possible if you take the matter to civil court and the judge grants a removal order. Nonetheless, be aware that this can be a protracted and expensive procedure with no guarantee of a favourable outcome.
How to legally protect your parking spot
For those who need to temporarily block a parking space for a specific time, like for an event or during construction work, it is best to approach the council. Many councils offer a temporary suspension of parking, which will give you permission to block a certain area of the parking bay.
If finding a parking spot on your street is a more consistent problem, consider approaching the council to request that they consider offering permit parking bays on the street. If this is not successful, consider using private parking apps to book a nearby parking spot in advance.