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H Bar End of Cul-de-Sac PCN ISSUED, Is this a grey area?
post Fri, 5 Oct 2018 - 12:17
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I was issued a PCN for a Code 27 contravention BLOCKING ACCESS TO DRIVEWAY. This occurred outside my house.

I’m after some advice as to the validity of this due to the unusual road layout of the street where I live .

In the images you will see that the neighbour has a H Bar painted covering the length of his driveway opening.

However, the is placed along the very end of the street perpendicular to the direction of the street. Usually, H Bars are placed in the middle of a straight run of road, not at a right angle to an adjoining property.

When my car is parked outside of my house it is unavoidable to not be partially in front of his driveway. There physically is no more road to move along to.

Moreover, he has sufficient access for his vehicle. Unfortunately he simply doesn’t like that my car is, unavoidably, partway in front of his gates. This is why he called the Civil Enforcement Officer to issue the PCN.

The neighbour is insisting that I completely avoid the space where my car currently is parked. I argue this is unreasonable.

I’d be interested to hear your thoughts on this unusual road layout. Should the H Bar have been painted all the way to the kerb? Does his driveway count as a dropped kerb legal access point or is it simply the end of the cul de sac? No kerb has actually ever existed to have been dropped.

Any thoughts and advice appreciated on how I can challenge this PCN. Blackpool Borough Council btw. Thank you.

This post has been edited by Pee_Dee: Fri, 5 Oct 2018 - 12:22
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post Fri, 5 Oct 2018 - 12:17
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post Fri, 21 Dec 2018 - 18:05
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QUOTE (Pee_Dee @ Fri, 21 Dec 2018 - 17:18) *
QUOTE (stamfordman @ Fri, 21 Dec 2018 - 15:33) *
That is good news, but it's not all over as no doubt neighbour will try and escalate again to police. You should at least let him know that the council are not interested. If he does try police, hopefully he'll be cautioned for wasting their time.

The police have visited me five times already an say they are obliged to follow it up. They’re not bothered in the slightest!

As a general rule the police are not under an obligation to do anything at all, it's up to them to decide how best to use their resources. The police are only obliged to follow up cases where it would be unconscionable for them not to: if there's a terrorist attack, or an allegation of rape or something of that level of seriousness then sure, as a matter of public law the police may well be under an obligation to act. But for something like this, it is clearly within their discretion to simply tell the neighbour that they're not interested. As I said, he cannot compel the police to take any particular course of action.

I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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