ben said:
It's the other way around - if someone is blocking you *in* you can call the council to have them moved, but you can park over someone's drive if they are not there.
Of course, you can expect your car to get keyed or something if you do, but it is perfectly legal.
I'm no legal specialist, but I don't think that is the case Ben.
From what I understand, if the kerb has been lowered, then the space HAS to be kept clear whether someone is parked in their driveway or not. A lowered kerb gives the owner of the property right of access, and blocking that access is an infringement of that right. I'm fairly sure as well it's to do with fire regulations, as fire crews need to have access to where a motor vehicle is kept.
However, if someone has their front garden converted to a drive/ hardstanding for car parking but the kerb has NOT been lowered onto the street, then this doesn't apply. Daft I know, but you can't lower the kerb yourself. It has to be done by the councils road planning department and it's damn expensive, so a lot of people don't bother if the kerb isn't that high.
Trans was unlucky in that maintenance work blocked access to his off road parking space. However, anyone could park where he did and put a note in the windscreen saying that they have to park there because they couldn't get into the blocked space. How does the Traffic Warden know this is genuine?
And that is the problem. Too many people take advantage of the law for their own gain, so when someone genuinely has a reason to park on the single yellow they get penalised because the traffic warden has no idea whether it is true or not.
But then again, the law is the law whether we like it or not. Don't commit the crime and you won't have to pay the fine is the simple solution. Of course, I do wish traffic wardens didn't have these stupid targets to meet. That way they could use a little jurisdiction rather making sure they meet their quota so they can get a pay bonus...