As the bank holiday weekend approaches, many homeowners expect visitors, prompting some to attempt illegal parking reservations. However, the rules are clear: on public land, residents have no special claim to spaces outside their homes.
Parking on Public Roads
Any driver can park on a public road without restrictions, provided the vehicle is legally parked and fully insured. This includes spaces directly outside someone else's home. While motorists cannot block a driveway or park over a dropped kerb, they are otherwise free to park where they see fit.
Although this may frustrate homeowners, they are not automatically entitled to the spot in front of their property. Drivers who try to reserve parking spots for themselves or visitors could face penalties. For instance, leaving out parking cones to save a space is not permitted.
Legal Framework
Under section 137 of the Highways Act 1980, obstructing the highway without proper permission is an offence. The Act states: "If a person, without lawful authority or excuse, in any way wilfully obstructs the free passage along a highway he is guilty of an offence and liable to imprisonment for a term not exceeding 51 weeks or a fine or both."
Cones can only be placed with permission from the local highway authority. While council and police traffic cones are allowed, members of the public cannot leave out cones.
Reporting and Resolving Disputes
If you witness someone reserving a public parking space, you can report them to the council for causing a highway obstruction. Gov.uk advises: "Report obstructions on the road, such as mud, illegal signs, overhanging tree branches, hedges, builders skips or scaffolding, to the local council or National Highways."
While moving a cone may be safe, you cannot keep it. Under section one of the Theft Act 1968, theft involves dishonestly appropriating property belonging to another with the intention of permanently depriving them of it. Moving the cone could also lead to neighbour hostility, and a friendly conversation might resolve the issue. Gov.uk and Citizens Advice offer tips for resolving disputes.
Gov.uk recommends: "Before making a formal complaint or getting others involved, try to discuss the problem with your neighbour. If you’re worried about approaching them, write a letter, explaining the problem clearly and sticking to the facts." It adds: "If the problem affects other neighbours, involve them as well. It can be easier to settle a dispute if the complaint comes from a number of people. A tenants’ association might help if you’re a member of one."
