[whitbomb07]

G'day all

Since I moved into a block of flats with my girlfriend last year I've had a few issues with storage(mainly with my stuff not hers, so don't blame her ), as a result the garage allocated to us has been a storage area and I have parked my i30 directly in front of the garage door.

Every since we moved in we have had the next door neighbour (garage wise but not unit wise) complain that my car is in the way and does not give her enough room to get her vehicle out, until recently I've tolerated it because simply I thought there was plenty of space and she was just a hopeless driver and didn't deserve any help, however things got ugly recently when I alone had to discuss the issue with herself, boyfriend and older brother. Whilst I still believe (and many of my friends) that she is just a whinger and a hopeless driver, unfortunately the law actually sides with her (who said common sense could be right?). However I am able to apply to park the way I have been (but who knows if that will be successful).

So the fact of the matter is that while common sense and sheer duh factor would say there is no problem with what I'm doing, unfortunately the law says I can't.

Here's some photo's to demonstrate the issue, let me know what you think personally about the issue (as stated the law says I'm wrong but I'd like to know what people think about this girls claims).

FYI the car that she drives is a Toyota Echo (for those that don't know a very small hatch which the Yaris replaced).

Here's a brief description of each photo.

1st photo: to the right you can see the rear of my i30, she owns the garage just to the left of the tow bar.
2nd photo: When taking these shots I did some measurements, her vehicle is about 2 paces/steps wide, the gap between the drivers side of my car and the edge of the concrete is 5 paces wide......... here you can clearly see the gap between my car and the edge of the concrete.
3rd photo: Closer front on shot further demonstrating the gap between my car and the edge of the concrete, can anyone figure out how a Toyota Echo cannot fit through this gap?
4th photo: Here's a shot from the very background of the 2nd photo demonstrating the corner needed to go around to travel past the rest of the apartment to get out to the actual road. This piece of concrete is only 3 paces wide. So how does she have trouble fitting through a 5pace wide gap but not have a problem with this 3 pace wide gap?

By all means I am open to criticism about what I have done, if you believe I am trapping her please tell me so, I will not take offence, but until someone comes up with some rather compelling evidence I strongly believe that this young lady does not deserve to hold a licence if she thinks this is a trouble for her...........

I appreciate any feedback people give for this. Good or bad.

Regards

Daniel

[deleted]

[eye30]

unfortunately the law actually sides with her

First of all I'm no legal eagle but "how does the law side with her".
Is that her words or have you actually checked it out?

Is it stated within your tenancy agreement where you can/can not park within the property?

My view is that so long as you are not obstructing entry and exit to the garage then you would appear to be OK where you park but of course you have to consider the entry/exit logistics.

I see that you are partly obstructing the garage to the right.  

Has this person complained or is it empty or can you do a swap?

If empty or you can swap, then you will be at least 1 gargage away which should be enough room for the lady to maneuver in/out of her garage.

Alternatively can you park elsewhere which will not obstruct.

Or you could ask her if you can put all your clobber in her garage then you can get your car in and she can park in front.

PS
The top and bottom of this issue is that she is jealous of you i30  

[IMCRZY]

I had a similar problem a few years back and in the end i had damage to one side of my car and i infact had to pay out to fix there front bumper where they hit my car on purpose......

I had the people next door laughing at me because there was nothing i could do, and the landlord said tough luck because i parked there at my own risk, and the police said i was in the wrong also......

Im on your side but it might be wise to try and organise something else or talk to the landlord or something, just so you have your own ass covered

[Lorian]

Well you asked for an opinion, and we are good on those, should she have her license shredded? No.

If you parked there and my garage was next door it would annoy the hell out of me.

Many places in the UK if you did similar they would just remove some of your paint rather than speak to you!

Nice car though  

[IMCRZY]

The top and bottom of this issue is that she is jealous of you i30  

Exactly lol but then again if she is driving an Echo she must have no taste lol

Its very easy, it comes down to what type of person is she like?

I see here more then PLENTY of space to park small car like toyota echo and personally i wouldnt be bothered.

BUT, first of all she is a woman (no hard feelings please), plenty of space to her is "i cant do it"....and second - c'mon, we are talking about "people" and driving, they are animals, your parking isnt nice and they will go any lenghts to mess with you and to get you move out of there.

PS when you mention boyfriend and brother talking was that some sort of threat? I like those the most!!! 

[whitbomb07]

unfortunately the law actually sides with her

First of all I'm on legal eagle but "how does the law side with her".
Is that her words or have you actually checked it out?

Is it stated within your tenancy agreement where you can/can not park within the property?

My view is that so long as you are not obstructing entry and exit to the garage then you would appear to be OK where you park but of course you have to consider the entry/exit logistics.

I see that you are partly obstructing the garage to the right.  

Has this person complained or is it empty or can you do a swap?

If empty or you can swap, then you will be at least 1 gargage away which should be enough room for the lady to maneuver in/out of her garage.

Alternatively can you park elsewhere which will not obstruct.

Or you could ask her if you can put all your clobber in her garage then you can get your car in and she can park in front.

PS
The top and bottom of this issue is that she is jealous of you i30  

Eye30

Under Strata law the whole concrete area is considered 'common land' and accordingly I am not able to park on it.

I think what you see as 'obstructing the garage to the right/front of my front bumper' is actually an access door to what I believe is the fuse boxes for the apartment not a garage and whilst it might not look it, it is still easily accessible. So no concerns there. But unfortunately this still puts me in the wrong, which makes her in the right.

This leaves me with the only other choice I have which is leave my car on the side of the road (and in the area I live in it is inevitable that something will eventually happen) which I really do not want to do.

Well this girl can't even tell the difference between a 5 door Yaris and my i30. She came down and had a go at my girlfriend about a Yaris that was parked in a different position............ Jealous isn't the word I'd used, just totally ingnorant would be better.........

I've spoken to the police and they didn't want anything to do with it as it's on private land. They did suggest that to keep the peace I should move the vehicle, put also considering the actions (which I haven't and would rather not go into) of her, the boyfriend and older brother that I'm within my rights to get a PVO (restraining order) put on them.

Lorian thanks for the constructive criticism. I don't mind being told that I'm wrong but it's going to take alot to convince me that I'm not leaving enough space for a tiny little hatch to get past........

Regards

Daniel

[IMCRZY]

considering the actions (which I haven't and would rather not go into) of her, the boyfriend and older brother that I'm within my rights to get a AVO (restraining order) put on them.

Even if you do this it will no doubt make it worse for you because instead of goin to you they will just go to the landlord and eventually the landlord will just boot you to end the sh1t fight.....

Either park on the street or get a storage unit for your stuff and park in your garage, it is the only way i think you will get out of it.....

[whitbomb07]

considering the actions (which I haven't and would rather not go into) of her, the boyfriend and older brother that I'm within my rights to get a AVO (restraining order) put on them.

Even if you do this it will no doubt make it worse for you because instead of goin to you they will just go to the landlord and eventually the landlord will just boot you to end the sh1t fight.....

Either park on the street or get a storage unit for your stuff and park in your garage, it is the only way i think you will get out of it.....

IMCRZY

I always knew it to be an AVO, but they police actually said PVO.

I realise that chances are if I do pursue that it won't help matters but it could in fact more likely lead to their eviction before mine. I believe I also hold a spare ace or 2 up my sleeve......

Whilst the 'Body corporate' own the whole building, our unit and theirs belong to different property managers, further confusing things. However obviously the body corporate would have overall authority.

Currently the car is out on the street and I live in fear of what might happen to it.........but I guess after recent times I'd be fearing as much with it in front of my garage............

Thanks for the feedback.

Regards

Daniel

[eye30]

had a go at my girlfriend about a Yaris that was parked in a different position............

Where does your GF park?

Does she have a garage?

If so, then can you move some of the clobber into that garage and create space to get yours in?

Or another suggestion:

Look at what you have in storage and if you don't use it or will never use it but are keeping it "just in case" get rid.

That way you can clear the garage and then park your car.

[whitbomb07]

had a go at my girlfriend about a Yaris that was parked in a different position............

Where does your GF park?

Does she have a garage?

If so, then can you move some of the clobber into that garage and create space to get yours in?

Or another suggestion:

Look at what you have in storage and if you don't use it or will never use it but are keeping it "just in case" get rid.

That way you can clear the garage and then park your car.

Girlfriend doesn't drive nor has a car, someone from another unit parked a 5 door Yaris in a different position and she thought it was my i30 and proceded to give my GF a serve (when in fact my i30 and I were at work) which gives you and idea about what she knows about cars............

As for the stuff in the garage it's neither regularly used, nor 'just in case'. Some of it is remote control aircraft (which I am thinking about selling) but there's also work stuff which I HAVE TO keep.

Freeing up enough space is not going to be easy/possible at this stage.

I do realise/know and accept the fact that I am wrong (as far as the law is concerened) but the point of this thread was just to see what people thought about if I had left enough space or not.

Thanks for the feedback.

Regards

Daniel

[bumpkin]

It's a tuffy Daniel

I personally think you are giving her enough room for straight manouvering, but perhaps not if she needs to turn in/out of her garage, I get less from my neighbours who think that because I have a drive they can park right up the where the kerb drops at both sides, forgetting completely that you need a turning circle to enter/exit, but sometimes it is best just to swallow your pride and move on..............................

HOWEVER - In the UK the law would be on my side if I complained, as there is a set distance quoted in the Highway Code which you should leave empty beside an entrance, however persuading the police to actually apply the law would be a sticking point, so I don't bother.  You are admitting that the law is not on your side in this case and that leads me to believe that you should be finding alternative arrangements, which if I was you would be to put my gear into storage and use the garage allocated to you.  Looking at your pictures, does she need to draw alongside your car in order to reverse into her garage or even to reverse out of her garage to then also pull alongside??  If so I can understand a little of her frustration as without you knowing the turning circle or even the blind spots in her vehicle you can't be sure that indeed you are not making it difficult for her to park...............

[eye30]

HOWEVER - In the UK the law would be on my side if I complained, as there is a set distance quoted in the Highway Code which you should leave empty beside an entrance,

I would question this.

I, like you believe that people were illegally parking their car, to obstruct entry/exit, where there is a dropped kerb.   I recently found out, because this happened to a person I know, that this is not the case.

If the council have painted a white line with a bar at each end on the road in front of the dropped kerb then yes cars should not obstruct as they are parking illegally.  If there is NO line then by parking across the dropped kerb is not illegal.


Just another of those %^*&(**&(&)*( regulations
I'll try and find the regulation.

[Lorian]

I'll try and find the regulation.

http://www.opsi.gov.uk/acts/acts2004/ukpga_20040018_en_1

[bumpkin]

I'll try and find the regulation.

http://www.opsi.gov.uk/acts/acts2004/ukpga_20040018_en_1

That is for England and Wales, Scottish Law is slightly different

[eye30]

I'll try and find the regulation.

http://www.opsi.gov.uk/acts/acts2004/ukpga_20040018_en_1

Cheers for that

but too save me reading it all do you know which schedule/section/chapter?

[Lorian]

but too save me reading it all do you know which schedule/section/chapter?

http://www.opsi.gov.uk/acts/acts2004/ukpga_20040018_en_9#pt6-pb3-l1g86

I don't know if/how it applies to dropped kerbs to private driveways, I guess it's mentioned somewhere, but I have succesfully persuaded the police to take action over a motorist who was persistantly blocking an exit from a cycleway I use. Bit off-topic I guess.

[eye30]

I'll try and find the regulation.

http://www.opsi.gov.uk/acts/acts2004/ukpga_20040018_en_1

That is for England and Wales, Scottish Law is slightly different

Here is a link to Aberdeen Council site:

http://www.aberdeenshire.gov.uk/roads/forms/access.asp

with the following quote:

"The marking has no legal standing and is not enforceable. The Chief Constable can only take action if an actual obstruction takes place, i.e. someone is actually requiring in and out of the access at that time whereas parking on the marking is not an offence on its own"

[eye30]

but too save me reading it all do you know which schedule/section/chapter?

http://www.opsi.gov.uk/acts/acts2004/ukpga_20040018_en_9#pt6-pb3-l1g86

I don't know if/how it applies to dropped kerbs to private driveways, I guess it's mentioned somewhere, but I have succesfully persuaded the police to take action over a motorist who was persistantly blocking an exit from a cycleway I use. Bit of topic I guess.

Cheers, see posting to Bumpkin's.  


I take it the same legal status will apply in England & Wales.



Posted link to Bumpkin's council see post  ^^^^^


Now getting back to whitbomb07  question ..........................

[Lorian]

I'm guessing she wont have too many problems going in to the garage as she will turn right past the blue beauty and go nose first into the garage.

The problem will be when she reverses out of the garage, as there is not a great deal of depth or road behind her, as soon as her car's nose is clear of the garage she will have to do a hard left-hand-down as she reverses. At this stage her nose is going to be heading towards the i30. She will then have to reverse further than she would have to if the i30 was not there, to drive past it.

If she reverses in to the garage then (a) this doesn't apply and (b) she's a bloke.

[Dazzler]

Wow some thread  I'm heading to work early today will have to check it out tonight.. obviously the issue is keeping you up Daniel.. good idea to share your issue with us 

[bumpkin]

http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_069860

Rule 243

DO NOT STOP OR PARK IN FRONT OF AN ENTRANCE TO A PROPERTY.

I live in a largish strata complex (31 units) that is relatively old (built in the eighties) and therefore has a rather small entry/exit lane-way and minimal visitor parking. In terms of the law you are parking on "common area" which as you have stated is illegal. We have about 8 visitor parking spots and a large common area but if we were to park our cars there "permanently" then we get stern warnings from the body corporate/strata about it, though we may request the use of common area temporarily through the the body corporate who will then get us to notify all residents via a note in the mailbox that the area will be used temporarily.

I have actually had a few dealings with people in regards to driving in and out of the complex and in the end keeping the peace is a less stressful and minimal hassle on both your time and emotional state.

By thinking about getting an AVO/PVO indicates to me that maybe there is more to the issue than just the parking of the car. If your neighbours are causing you grief in many aspects then I'd suggest you contact the body corporate and then owners to lodge an official complaint, listing all the issues you are having. If it's just the fact that you are having a conflict over the parking then to be honest I'd say you're better off doing the right thing legally, find an alternative to the storage of your work gear or park on the street. I seriously believe you'll have less personal worries if you avoid contact with your neighbours for a while than try for a route that includes the police, you'll end up on their radar even if you are in the right.

Obviously if you feel strongly about it and have the support of your girlfriend (and she feels threatened by the neighbours) then do what you feel you need to.

On a side note, I live in a part of Sydney that is known to be "rough" where, no jokes intended, the other side of the railway line is the roughest area in the district. We park our second car on the street through necessity and have never had any issues with vandalism. There are many cars parked in our street at night, including a couple of Subaru RX's and some well-to-do even parks his newish Lexus outside a few nights of the week.

Sorry for the wall of text.

[Nick Riffed]

I don't know if/how it applies to dropped kerbs to private driveways, I guess it's mentioned somewhere, but I have succesfully persuaded the police to take action over a motorist who was persistantly blocking an exit from a cycleway I use. Bit off-topic I guess.

Surely driving your i30 on a cycleway is illegal

[Lorian]

  In general I cycle, drive and fly in about equal proportions (by time, not miles). The i30 will spend most of it's time taking me to airports.

[Nick Riffed]

In general I cycle, drive and fly in about equal proportions (by time, not miles).

I hope you are not related to ET.

[IMCRZY]

 

[Shambles]

Do you think this young lady...

I'm still awaiting pics of this young lady.....

[whitbomb07]

I'm guessing she wont have too many problems going in to the garage as she will turn right past the blue beauty and go nose first into the garage.

The problem will be when she reverses out of the garage, as there is not a great deal of depth or road behind her, as soon as her car's nose is clear of the garage she will have to do a hard left-hand-down as she reverses. At this stage her nose is going to be heading towards the i30. She will then have to reverse further than she would have to if the i30 was not there, to drive past it.

If she reverses in to the garage then (a) this doesn't apply and (b) she's a bloke.

Lorian

The pictures don't demonstrate it well but there is plenty of concrete that she can reverse out onto when getting out of the garage. AFAIK she normally noses in, reverses out. So definitely not a she-man.

If you look very closely in the very background of the 4th photo you can see the actual road, I reverse my car in the whole way from there! That's how I have my car pointing the way I do.

Shambles I very much doubt that I will ever get a picture of the young lady.

Thanks guys for all the help and responses, even the thread drift............

Just to clarify since finding out that what I was doing was in fact wrong, I have been parking the vehicle out on the street.

Regards

Daniel

[middy]

Space wise, I reckon you could reverse a bus out of her garage and not hit anything.  I suspect when she reverses out she doesn't swing the car around enough.  Then when she starts forward she gets distressed having to try and miss your rear end with her front left.  I've seen the type before trying to manouveur out of spaces and too scared to turn the wheel more than half a turn in either direction.  She's probably the president of the 300 point turn club.   

Anyway all that is a moot point since you are not supposed to park there anyway.