[dih1991]

Please could I seek advice on whether or not this Mini is illegally parked?(https://drive.google.com/file/d/1vhQyQD4J_eq2qyP8P9GNjukQFSMg_KoW/view?usp=sharing)
I know of the rule regarding parking within 32ft of a junction but does this rule apply here (no lines on road, dropped kerb on right side). This is a work morning so its quiet however people who live on the right park there cars along that stretch where the Mini is. Wouldn't this make all of those vehicles illegally parked but then where do these people park instead (not outside their own house)? Thanks in advance.

[Beelzebub]

You've obviously read Highway Code Rule 243. Does it say it can be ignored if there are no lines on the road?

While the HC is not the law in itself, there are specific laws about parking in a dangerous position, and causing unnecessary obstruction, both of which apply. (see Rule 242).

The fact that other people park there is utterly irrelevant. As for "where do these people park instead?", that is their problem, not one for us or the police.

[Drivingforfun]

Originally Posted by Beelzebub

The fact that other people park there is utterly irrelevant. As for "where do these people park instead?", that is their problem, not one for us or the police.

Taking devils-advocacy to the extreme but could it ever be argued the danger created by any one individual car within a group of badly parked cars is less severe than a single lone car parked badly?

[dih1991]

Sorry folks, bit of a whoopsy with the original pic - here is the pic again relating to this post: https://drive.google.com/file/d/13gK...ew?usp=sharing

[Nick]

Hi @dih1991 , welcome to the forums and thanks for making your firt post.

I think it's worth remembering what @Beelzebub mentions about how the Highway Code relates to actual law (and please bear in mind I'm no expert) - there are some of those entries that say should and some that say must ! So the wording is very important as to how it relates.

In your picture it looks as though the car is parked in front of a row of garages, which I don't know if that is similar to parking across someone's driveway, as it definitely obstructs someone getting the car out.

[dih1991]

Thanks Nick, The Mini is blocking garage access of the car owner so there are no issues there. Driveways on either side are not obstructed.

[TC1474]

There are potentially 2 offences committed here, first one as you say parked withing 10 metres of a centre of a junction, along with dangerous position and if you really want to be pedantic you could stick an obstruction in there as well parking in front of dropped kerb.

The reality is that the owner will not get booked for any of these offences as most coppers today are not interested and cannot be bothered to report traffic offences.

As mentioned, the Highway Code is not law unless it says "Must Not" and is supported by an act, section or traffic regulation.

If its advice then it will simply say "Should not" but the HC is being disputed by more and more people in the courts in crash cases because some areas are so contentious, and the judges are agreeing, so it is becoming less and less of the bible it used to be.

[olduser]

Just from a practical standpoint, parking just there is asking for it, anyone misjudging the junction is going to hit the mini.

[Nick]

To be fair @olduser , that's the main reason I never park in a similar position - not because the Highway Code or law says not to, just because it puts me in a prone position! Same with parking close to a junction!