My neighbor’s parking makes it impossible to get out my driveway – officials say it’s issue of ‘letter vs spirit of law’
A HOMEOWNER is begging for answers on how to deal with a neighbor who constantly parks in front of her driveway.
Joyce Gale who lives in Los Angeles, California, asked for solutions, but city officials couldn’t give a straight answer.
GettyA homeowner is begging for answers on how to deal with a neighbor who blocks part of her driveway (file photo)[/caption]
GettyJoyce Gale asked whether it was illegal to partially block a private driveway (file photo)[/caption]
Gale wrote to The Press-Enterprise to ask for advice on her neighbor who blocks a few feet of her driveway.
She told the local paper the driver doesn’t completely block the road but usually takes up enough to make it difficult for her to pull out her RV or boat.
Parking is a hot commodity in her neighborhood, according to Gale, so cars are always lined up on the streets.
The issue left her wondering whether there are specific laws on parking in neighborhoods.
According to California state law, blocking someone’s driveway is illegal, and police have a right to tow an offender’s car.
There are also clear rules on parking in front of fire hydrants, blocking fire stations, or illegally taking up wheelchair-accessible spaces.
Overall, drivers are encouraged not to encroach on driveways and to leave ample space out of consideration for homeowners.
However, the issue of partially blocking a large driveway is less clear, according to city officials.
Some driveways have large side slopes that can take up a huge swath of space on residential roads.
It’s up to police to discern whether those side slopes count as part of a driveway.
According to Riverside Councilman Mike Soubirous, it’s an issue of the letter of the law vs. the spirit of the law because each municipality enforces the rule differently.
Overall, it’s up to a parking enforcement technician to assess the design of a driveway and determine whether a driver has prevented the homeowner from leaving.
What to do if your car is towed
Wrongfully or not, retrieving a towed vehicle can be a hassle.
If your vehicle is towed after parking in a “No Parking” zone or other legitimate reason, there are a few steps to take to get it back.
Steps to take when your car is towed:
Try to figure out why your car was towed. Did you not see a posted “No Parking” sign? Did you miss a car payment? Did you return to a lot where you have unpaid citations? Finding the reason can narrow down the phone numbers to dial.
Locate the vehicle. Most states, cities, or counties require towing companies to leave some form of contact information via a posted sign or sent by mail.
Recovery dates and times depend on the company that towed the vehicle, but those times will be posted to the website or can be recited by a representative.
Pay the fees. Be careful to be as prompt as possible, as some tow yards may charge storage fees by the day.
If you feel your vehicle was wrongfully towed, contesting the action can be done with the following steps:
Be prompt – many states have a small window of time where it’s acceptable to file a complaint against a company that wrongfully towed the vehicle.
Gather supporting documents: photos, emails, receipts, police reports, and witness statements if applicable. The more evidence, the better.
Get familiar with your local laws, as laws for towing companies vary per state.
Try speaking with the towing company. Sometimes it may have been a simple oversight, and the matter can be resolved quickly.
Contact the Justice of the Peace in your area, as they may have more insight or resources to help. They are often utilized for towing cases.
Talk to a lawyer. Many lawyers have free case consultations, and depending on the case, it may be worth it to utilize a lawyer.
Source: Oregon Department of Justice, National General, Rak Law Firm
MORE PARKING DRAMA
Parking on a public street is generally legal, even in spots in front of someone’s house.
However, it’s important to watch for subdivisions operated by an HOA with unique rules to abide by.
“Generally speaking, an individual citizen does not ‘own’ or have any ongoing exclusive right to use a parking space on a public street,” wrote Nolo Legal.
“These spaces are open to the public on a first-come, first-serve basis.”
The parking drama comes as another resident said her car was towed four times in six months.
Shaquanta Dixon, who lives in Charlotte, North Carolina, pointed the finger at a towing company that reported towing nearly 200 times from her apartment complex in the last two months.
And a different driver had her car taken away despite having a flat tire that prevented her from moving.
Despite informing her local officials of the issue, she was still hit with $25 daily fines.
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