Homeowners and business owners across the UK are being warned that a seemingly harmless method of reserving a parking space is in fact illegal and could lead to a significant fine or even imprisonment.
The Widespread but Illegal Practice
With a record 34.4 million licensed cars on UK roads, and over 42.3 million vehicles including vans and motorbikes, competition for roadside parking is intense. In response, many residents and shop owners resort to placing traffic cones, bins, or other objects on the public highway to claim a space outside their property.
However, this common move is a clear breach of the law. Public highways are intended for the passage of traffic, not for private reservation. Only local authorities, the police, or licensed contractors have the legal authority to place cones or other obstructions.
Legal Consequences Under the Highways Act
The key legislation is the Highways Act 1980. Section 137 of the Act makes it an offence to wilfully obstruct the free passage along a highway without lawful authority or excuse.
The penalties are severe. An individual found guilty can face imprisonment for a term not exceeding 51 weeks, a fine, or both. Staffordshire County Council explicitly states that obstructing the highway without permission from the local highway authority is an offence.
According to traffic management experts like OPT Signs, unauthorised use of cones can result in fines ranging from £100 to £1,000 under the Highways Act 1980 or the Road Traffic Regulation Act 1984. Even moving cones placed officially by councils or police is considered an offence.
What You Can and Cannot Do
If you encounter an unauthorised obstruction, the official advice is to report it to your local council or National Highways. Items to report include:
- Illegal signs or cones
- Builders' skips or scaffolding
- Overhanging branches or hedges
- Mud or other debris on the road
The Highway Code, under Rule 280, advises that you may only remove an obstruction yourself if you are certain it is unauthorised and only if it is safe to do so on a quiet, low-traffic road. Crucially, you cannot take the cone or object away with you.
As highlighted by Barriers Direct, removing a traffic cone with the intention of permanently depriving the owner could be prosecuted as theft under the Theft Act 1968.
The message from authorities is unequivocal: public roads are for everyone. Using them for private parking storage is not just anti-social but a criminal act with serious financial and legal repercussions.
