Off street parking

[Bobeye]

I have used the search facility but it only returns the topic whereby the nice person blocks off their neighbours driveway which is NOT what I want to discuss. I have recently been told that there is apparently some restrictions on how long you can park a MH on your driveway. Would anyone know if this is the case or, is it a question for each local council. Also are there any restrictions legally of sleeping overnight in the UK in your MH if parked on the road. Thank you for any advise forthcoming. As an additional question, would I be right in thinking that a number of articles/topics have been archived from the site as I dont seem to be able to return many results from my searches. I am sure that many of my questions would have been asked previously, but the search returns very little if anything when used. As you may have gathered from previous posts of mine we are new to the MH world and we are trying to learn as much as we possibly can prior to running into difficulties. Thanks again

[Don Madge]

Bob, I did a quick search on "Motorhome Parking" and got these results. http://tinyurl.com/tnn6n Also did a search of "Parking on your drive" and came up with http://tinyurl.com/yxfnej They might help you When you do a search make sure you select all posts. Don

[Bobeye]

Don, Thank you again. Surprise surprise it's me being something of a !!!!! I didnt change the "Date Limit" field. I really must get used to reading everything on a form. Perhaps it's a case of some form of senior moment, oh god! I'm getting there before I am ready. Thanks again

[Dave Newell]

There may be a covenant on your house deeds which prohibits the parking of a caravan von the frontage of your property but there is no law that I know of that lmits the length of time you can park a motorhome on your own drive. Unless there is such a covenant on your house deeds (in which case I would argue that it is a motorhome not a caravan) and as long as you have a dropped kerb access to your drive and your motorhome does not overhang a public footpath then I see no legal reason why you shouldn't park it there for as long as you like. Legally you are not allowed to sleep in any vehicle parked on the public highway. This includes laybyes that are not divided from the highway by a row of lowered kerbstones (sometimes granite setts are used). Not sure about the search problem. D.

[mansell]

Well done Dave just got plans to drop the kerb and make parking for our Hymer, checked the DEEDS and found this: NO COMMERCIAL VEHICLE, CARAVAN, BOAT TRAILER OR SIMILAR VEHICLE MAY BE PLACED OR PARKED ANYWHERE ON THE PROPERTY. The annoying bit is that down our Avenue [10 year old development ] last night I counted 7 assorted " white vans ", but no one will complain about those, but I am sure they will about our M.H. So I am not going to risk spending the best part of £3000 to find out. keep trying it will happen.

[Dave Newell]

Oooh bad luck. Good job you checked though. Perhaps you could ask your neighbours if they'd mind you parking your motorhome on your own property, you never know they might surprise you. D.

[howie]

[QUOTE]mansell - 2006-11-15 12:15 PM Well done Dave just got plans to drop the kerb and make parking for our Hymer, checked the DEEDS and found this: NO COMMERCIAL VEHICLE, CARAVAN, BOAT TRAILER OR SIMILAR VEHICLE MAY BE PLACED OR PARKED ANYWHERE ON THE PROPERTY. The annoying bit is that down our Avenue [10 year old development ] last night I counted 7 assorted " white vans ", but no one will complain about those, but I am sure they will about our M.H. So I am not going to risk spending the best part of £3000 to find out. keep trying it will happen.[/QUOTE] We did have a problem with a local plumber parking three "white vans" on our road, but after someone complained, he was told that they had to be parked at a designated yard/garage and I believe this applies to all vehicles being used for business purposes. Howard.

[passionwagon]

Only if the vehicle used by the tradesman is over 3500kgs-they are required to request an operators licence from the local council.

[passionwagon]

Here is repy I posted months ago-- Look at your house deeds to see how the covenant is written it is generally in schedule 2 or 3. First check whether or not the restriction is part of the original planning permission-your local council will tell you but do not let them be confused with a caravan restriction which is only there to stop habitation-not parking. If they say it is meant to cover parking of MH ( very unlikely as such specific statements are unusual) then you will have to apply for planning permission alerting everyone to your need! If the council say no then the enforcement is 1- the person or company that put the covenant on the original land transaction i.e. could have been 50 years ago. They can enforce the covenant in the magistrates court but you can object and may get a symphthetic decision. [You can of course write to the covenantor and ask for a dispensation- has been done and generally costs nothing or £50.] 2-other residents who suffer the same covenant who as a group will need to take you to the magistates court etc. The idea of covenants is try and keep estates and developments from getting eyesores. Any actions will cost these people money which they cannot get back from you. If they did start an action remember most houshold policies give cover for legal defence to £50000 on neighbour disputes! What would I do? Park it on drive and await for any letters (ignoring the anonymous ones) and go from there-if someone is deteremined take it to the wire-there are no fines.

[howie]

[QUOTE]passionwagon - 2006-11-15 1:25 PM Only if the vehicle used by the tradesman is over 3500kgs-they are required to request an operators licence from the local council.[/QUOTE] I believe to obtain a operators licence you have to show you have the facilitys for off road yard/garage parking. Although up to 3500kgs may be different I would imagine multiple parking is still not allowed. Howard.

[Roy]

Dave, You say that legally not allowed to sleep in vehicle on public highway. What is the authority for this please? Roy.

[Dave Newell]

Hi Roy, I can't quote you the exact article but its in the highways act I beleive. Truck drivers do not (normally) sleep in their cabs on the public highway. You will normally find that when they do use a laybye it is of the type that is separated by dropped kerbs from the highway itself and usually has a tree lined "island" between it and the carriageway. D.

[Roy]

It is an interesting point this. It has frequently been asked but I have never seen a satisfactory answer. Maybe somebody can take it further? Roy.

[Wills Wagon]

I appreciate that Dave Newell is repeating information from elsewhere but perhaps it is law but not enforced. If you travel on any dual carriageway and many single ones at night near Dover and for that matter many other large towns there are hundreds of lorries parked up in lay-bys, some with kerbs and some without with their drivers asleep. In fact near Dover after about 22.00 hours you would not be able to stop in a lay-by, they are all full! Perhaps a legal eagle type could comment.

[Basil]

[QUOTE]mansell - 2006-11-15 12:15 PM NO COMMERCIAL VEHICLE, CARAVAN, BOAT TRAILER OR SIMILAR VEHICLE MAY BE PLACED OR PARKED ANYWHERE ON THE PROPERTY. [/QUOTE] Being pedantic here, where does it mention a PLG motorhome here! It is not a commercial vehicle, neither is it a caravan its not a boat trailer and it is NOT similar to a boat trailer!!!! (!) (!) (!) Thats the sort of legality that lawyers use is it not? Bas

[passionwagon]

Under 3500kgs you can park in your garden as many as you wish but there could be a challenge form the council that you are running a business from the property ie not just living there and storing your tools. They could also say you are storing vehicles again question of degree i.e. only you and three vans no defence-- you and two sons at home no different to thrree cars. The over 3500kgs normally use a yard but some permissions have been given for domestic premises with lots of restrictions.Eg not starting before 0700 not after 2200 no weekends etc

[Basil]

Also out of interest where my son lives a neighbour runs a courier service from his home and garage, or rather his privately rented home and garage, he parks and uses four vans in the road (actually half on the pavement) and the Council, the rating Authority and Police say there is nothing they can do about it despite recieving complaints from 20 residents, the whole estate has similar covenants to those posted here. Bas

[Brian Kirby]

[QUOTE]mansell - 2006-11-15 12:15 PM Well done Dave just got plans to drop the kerb and make parking for our Hymer, checked the DEEDS and found this: NO COMMERCIAL VEHICLE, CARAVAN, BOAT TRAILER OR SIMILAR VEHICLE MAY BE PLACED OR PARKED ANYWHERE ON THE PROPERTY. The annoying bit is that down our Avenue [10 year old development ] last night I counted 7 assorted " white vans ", but no one will complain about those, but I am sure they will about our M.H. So I am not going to risk spending the best part of £3000 to find out. keep trying it will happen.[/QUOTE]

But, is there a restriction on parking in the road?  If you have reasonable relationships with your immediate neighbours, why not chat them up one by one?  If you don't park it on your (presumably) drive, it would have to go on the road.  I suspect they'd appreciate the approach, see the point, and agree that parking off road was preferable.

Besides which, my non-legal opinion of the wording of your covenant, is that it unreasonable and probably unenforceable.  Unless I'm mistaken, the definition of "property" will include all of the buildings as well as the land.  Thus, were you to get planning permission to build the Hymer a garage, the covenant would still prevent you from parking in it since, even if inside the garage the Hymer would still, technically, be "on your property".  I also note it doesn't prevent you parking a boat, only the boat trailer!  If you can prove the Hymer would float, you're OK!!

I agree, park and be damned.

[Mel B]

[QUOTE]mansell - 2006-11-15 12:15 PM NO COMMERCIAL VEHICLE, CARAVAN, BOAT TRAILER OR SIMILAR VEHICLE MAY BE PLACED OR PARKED ANYWHERE ON THE PROPERTY. [/QUOTE] It doesn't specifically say motorhome but it does say similar vehicle and, as that is then open to interpretation, this is where the problem could lie. When we bought a new property to rent out earlier in the year we has a restriction where a caravan etc could be parked on the property but only behind the "property line", ie this was determined as being the front wall of the bungalow, fine except the parking was at the front of the property as it is at the end of a cul-de-sac! We agreed to pay for a large fence to be put up along the far side of the front parking area which then enclosed it and moved the "property line" to the fence, hey presto, no problem anymore. We did get a letter from the solicitors to say that this had been agreed to with the builders and the restriction had not been breached but us doing this, we may or may not end up living there, but at least if we don't and we sell the bungalow, there won't be any restrictive covenant etc putting potential purchases off. As for parking on the road, if your motorhome is taxed, insured etc as far as I can ascertain there is nothing to prevent you from parking it on the public highway, even if this is within the housing estate, so long as you don't put it in a dangerous position, on double yellow lines etc. If you can approach your neighbours and get them to confirm they have no objection to you parking your motohrome on your property, to the extent that they would be willing to sign a letter to this effect, then I wouldn't worry. Even if they won't do this, they still may not want the hassle that it would cause by complaining ... glasshouses and stones comes to mind as some day they may also want to do a similar thing. :-S

[Dave Newell]

[QUOTE]Basil - 2006-11-15 4:18 PM Also out of interest where my son lives a neighbour runs a courier service from his home and garage, or rather his privately rented home and garage, he parks and uses four vans in the road (actually half on the pavement) and the Council, the rating Authority and Police say there is nothing they can do about it despite recieving complaints from 20 residents, the whole estate has similar covenants to those posted here. Bas[/QUOTE] Hi Basil, if they are parked "half on the pavement" then the police can do something about it because these vehicles would constitute an obstruction to the footpath. Perhaps they just don't want to? D.

[Stew]

I think you will find that are NO legal restrictions that stop you from sleeping in your M.H on the road, as said earlier LGV's park up in all variety of lay-bys as do all the caravanners that migrate south for the summer. Providing that you are parked legally and there are no local by-laws prohibiting the overnight stopping of vehicles, then you will be fully legal.

[spartan3956]

Well i can`t say ive ever seen a statute in relation to sleeping in a vehicle being an offence. Ive spent 30 yrs enforcing every law you can think of even locked a tramp up for throwing a sod of earth at a car because he didnt like women drivers. Or ringing a bell on a vehicle after 7pm the list is endless. But i will research this one. Road safety campaign`s state if your tired pull over have a nap and a coffee. I doubt any officer with any sense and yes there are a few would ever challenge other than a safe and well check, as some drivers do collapse behind the wheel due to on going illnesses. Looking forward to retirement and more camping Pete

[Basil]

Hi Dave, You would have thought so wouldn't you. That's exactly what I said, he (along with others) complained to the Police who said that as it was a narrow close the parking on the pavement was aiding keeping the road open for traffic and that they would not be able to do anything as there is no legal requirement if sufficient pathway to allow passage of a pushchair or invalid chair was available, unfortunately there was. I was gobsmacked as the only ticket I have ever had was for parking with my wheels on the grass verge road side of a pavement. I and my former neighbours used to do this as where we lived a coach that picked up disabled children from our road could not get by if we didn't, it was a different local authority though. Bas

[spartan3956]

Bas, One of your neighbours must have complained about the parking its unusual that the Police would ever bother with a cul de sac. more interested in major roads. Unfortunately the grass verge is part of the highway. Pete

[Roy]

[QUOTE]Stew - 2006-11-15 8:53 PM I think you will find that are NO legal restrictions that stop you from sleeping in your M.H on the road, as said earlier LGV's park up in all variety of lay-bys as do all the caravanners that migrate south for the summer. Providing that you are parked legally and there are no local by-laws prohibiting the overnight stopping of vehicles, then you will be fully legal.[/QUOTE] I think this is spot on. As far as I can ascertain there is no act of parliament (excluding by- laws) which forbids sleeping in a vehicle on a public road, subject to other legalities. Roy.