Horsebox parking

maree t

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I will try and keep it short , we moved her 11 years ago and there is a lay by opposite the house . We have parked our horsebox over the road ever since. We did try and rent a space at the farm opposite when we upgraded to a cargo 7.5 ton over a year ago but the farmer didnt want to take the risk . We have always parked in as close as possible and folded the mirrors in . The tractors and lorries have never had a problem and dont slow down to pass .
Cue the letter from highways tonight saying we are obstructing the highway and to remove with immediate effect . We need the box at home so the only way is to rip out all the hedging in front of the bungalow and park it there . I will call them in the morning but suffice to say i am pretty upset that we have been reported and dont really understand the problem .

Any one else dealt with this sort of problem ?
 

sjb10

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Two immediate thoughts, although may be different in your area:
1. how can you be obstructing the highway if parked in a layby? What sanction do highway have? I thought the police enforced obstruction, not highways. Is there anyone else who wants to park but can't?
2. you would need a licence from highway to construct a proper vehicle access if you don't already have one, and possibly planning consent if it is a classified road (A, B or C class, latter class doesn't shown on maps etc) so you might just move from one problem to another.

Have they said what the sanction is if you don't move it?

I think there is a general restriction on parking HGvs on the highway, but not sure right now of the details or who can enforce it. Will have a think, but others may know.

How often do you move the lorry? I vaguely remember something about a vehicle can be treated as abandoned (or possibly an 'obstruction') if not moved for 3 months or more
 

Pearlsasinger

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The problem is that your horsebox is preventing anyone else using the layby for its proper purpose. I am surprised that there isn't a sign prohibiting overnight parking there - there is in many laybys. You will just have to do what the rest of us who can't park the box at home do - pay to park it somewhere else. That may mean that you have to drive to fetch it when you want to use it.
 

Lizzie66

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There appears to be no guidance within the Highway code on parking in a lay-by during daylight hours however the following guidance does relate to parking during hours of darkness:

250
Cars, goods vehicles not exceeding 1525 kg unladen weight, invalid carriages, motorcycles and pedal cycles may be parked without lights on a road (or lay-by) with a speed limit of 30 mph (48 km/h) or less if they are:
•at least 10 metres (32 feet) away from any junction, close to the kerb and facing in the direction of the traffic flow
•in a recognised parking place or lay-by.
Other vehicles and trailers, and all vehicles with projecting loads,MUST NOT be left on a road at night without lights.
Laws RVLR reg 24 & CUR reg 82(7)

The above is lifted from the Highway Code and the council may have its own by-laws that would overrule it.

From the councils point of view is the layby actually a passing place ? ie is the road too narrow for two vehicles to pass without using the lay-by ? If so then you would effectively be obstructing vehicles passing. If not then it might be worth speaking to a solicitor as to whether 11 years uninterrupted use give you any form of right to park there and if not whether approaching the council to obtain a permit for a nominal sum would be an option.
 

maree t

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I have tried to do a bit of research and highways are responisble from one hedge to another so they area we park is being quoted as a grass verge . The lorry is used twice a week on average . They have said if we dont move it they will and they will charge us .
We dont want to antagonise them so wont do that anyway .

We do have a drive but wont be able to see to get in and out and will need to widen the access .

The letter is from highways agency and we were reported by a member of the public . There is only one close neighbour who we get on well with and they have a huge drive with one car . the tesco delivery driver uses the layby to deliver to them and we never park outside theirs either .

It is a 7.5 rather than hgv not sure if that matters ? it is taxed motd and insured .
This is a fairly quiet country lane not classified as far as we know .
Thanks for taking the time to respond
 

maree t

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Thanks Lizzie
The layby is big enough for us to park with plenty of room for other vehicles to use it . It doesnt have kerbs or anything just a solid surface which has been there for many years.
I will have to ring them in the morning just a bit upset tonight .
 

maree t

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Pearlsacarolsinger
The layby is in a quiet country lane so we dont even have road names let alone signs up . The layby is used by many people to park , we are not stopping anyone else apart from the area where it is parked . If necessary we will have to rip out a lovely hedge and park it in front of the house .
 

catroo

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We've had similar, we use to park our 3.5t on the public road with no issues. When we upgraded to a 7.5t we carried on parking as before without even thinking about it. Within a month we had a call from the council asking us to move it.

They were very polite and civil, they basically said anything that large can't be parked on the public highway and asked us to make alternative arrangements.

I'd take the attitude that you've been very lucky to be able to have parked there for 11 years but all good things must come to an end
 

maree t

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Thanks for all you kind replies , catroo , we only upgraded to a 7.5 a year ago but have kept a box of some sort there all this time . We are trying to sort out other arrangements and have had a couple of kind offers so we will speak to them in the morning and see where we stand .
 

MissTyc

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When I was researching boxes, one of the reasons I ended up paying the premium for a 3.5t was the right to park on a public highway. My neighbour breeds racing pigeons and has a 6.5t vehicle to transport them - he parked outside his own, bothering no one and obstructing nothing, for months and then the council told him to move it on. Same with my friend's 4.5t campervan. Actually, that one was served with an eviction notice like there was someone living in it.
 

maree t

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I have been looking further into this with the help on here and have realised that I was a bit stupid . We started with 3.5 ton and gradually increased through a 5.2 to the cargo we have now . We always talked to the neighbours and farmers and nobody had a problem so we just carried on . We will have a chat with the neighbours tomorrow and explain why we are ripping out the lovely rhodedendron hedge so we can move the box onto the drive . so they will be chuffed to have that to look at instead !! . The "layby" is about 65 foot so plenty of room for everyone . There are only 6 properties in this road and sadly our neighbours will get the worst . We will offer to replant a hedge their side , lets hope they arent too upset .
 

Lizzie66

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Your alternative is to park your lorry on your drive and park your cars in the layby.

They cannot stop cars parking and then you probably won't need to rip out the hedge.
 

tda

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Blimey I wish our council would come and speak to the lady near us who parks her wagon on the road outside her house all the time! On a bend too!
 

maree t

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I have rung and left a message but not heard back yet . It is a private box , no signwriting etc . I think that because of the lorry situation in our county there is loads of restrictions on HGVs so perhaps thats where we went wrong . We have spoken to our neighbours and have started cutting the hedge down and will just start putting it on the drive . We will have to leave cars out the front instead , household of 4 drivers so constant shuffling around .
You live and learn !!
 
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