The common parking habit that could see drivers face up to 51 weeks in prison


An automotive expert has urged drivers not to do one thing to ensure they get a good parking space, warning that it can come with very serious consequences. Drivers who typically park their car on the street will all know the frustration of finding that another road user has left their vehicle in the ideal parking space, with some motorists thinking of different ways to ‘reserve’ a certain spot.

However, Graham Conway, managing director of Select Car Leasing, warned that leaving an object such as a traffic cone in the middle of the road is against the law.

He said: “It’s an often overlooked fact that public roads don’t belong to those whose houses are on them, but are instead the property of the local authority. That means you don’t have the right to a specific spot on a public highway. Anyone with a roadworthy and taxed vehicle can park in a legal parking spot on a public road, provided there are no restrictions such as double yellow lines or resident-only zones.”

Whilst drivers may be tempted to reserve the best space on the street for when they return with their car, using any object to obstruct a bay on a public road is considered a breach of Section 137 of the Highways Act.

Doing so without a legitimate reason can result in penalties including a fine from the driver’s local council or even up to 51 weeks in prison, since the cones could confuse other road users and disrupt the normal flow of traffic.

Moreover, drivers who use a traffic cone that has been ‘borrowed’ from a local council or highway authority could also face further penalties, with the offending driver stealing the item in the eyes of the law.

Instead, Graham recommended that drivers who find that another neighbour regularly parks in their space has a firm yet polite word with them, which can typically resolve the situation.

He advised: “We hear all the time about people ending up in court over local parking disputes and it’s easy to see how these matters quickly get out of hand as tempers fray.

“Much better to have a sensible conversation with your neighbours and try to find a solution that means everyone can have a fair claim to parking close to their own home.”



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