Homeowners and businesses use the ‘harmless’ method to ensure they are able to park
Homeowners and business owners across the UK have been using a common move to save themselves a parking space, and many are unaware that it is completely illegal – with a risk that you could be jailed. There are now a record 34.4million licensed cars in the UK, and the number has been increasing by around 400,000 a year.
Adding in all vehicles – such as vans and motorbikes – the number is over 42.3million – and many of them need roadside parking spaces, leading to high demand and sometimes conflict. In residential areas, homeowners often feel they have a right to a space in ‘their’ road, and will try to claim a parking area close to their homes.
Business owners also sometimes try to stake a claim to a parking space close to their premises. But the reality is that any properly licensed and ‘taxed’ vehicle can park on public land where there are no restrictions – and one move home and business owners use to try to claim a space is illegal.
The trick involves placing traffic cones in the road to try to reserve a space. But cones can only be placed with the permission of the local authority – council – or police. Placing cones in the road without permission is in breach of the Highways Act 1980 and can result in a fine.
According to Staffordshire County Council: “Under the Highways Act 1980, it is an offence to obstruct the highway without permission from the local highway authority.” They added: “Public highways are intended for the passing and repassing of traffic, and not for the private use of the residents.”
Section 137 of the Highways Act 1980 warns that it’s an offence to obstruct the highway without proper permission from the local highway authority.
It states: “If a person, without lawful authority or excuse, in any way wilfully obstructs the free passage along a highway he is guilty of an offence and liable to imprisonment for a term not exceeding 51 weeks or a fine or both.”
A spokesman for OPT Signs said, “In the UK, it is illegal to put traffic cones on the road without authorisation. Whether it’s outside your house or on a public street, only councils, police, or licensed traffic management contractors can legally place cones. Unauthorised use can result in fines of £100–£1,000 under the Highways Act 1980 or Road Traffic Regulation Act 1984. Even moving cones placed by police or councils is considered an offence.”
When it is safe to do so, you could remove an obstruction on a low-speed, low-traffic road when it is quiet if you are sure it is unauthorised, but you cannot take the cone to keep. According to the UK Government: ” Report obstructions on the road, such as mud, illegal signs, overhanging tree branches, hedges, builders skips or scaffolding, to the local council or National Highways.”
According to the Highway Code Rule 280: “… you should only remove obstructions if it is safe to do so.”
And according to Barriers Direct: “Removing traffic cones from public roads without proper authorisation is considered illegal in the UK. Under section 1 of the Theft Act 1968, anyone who dishonestly takes someone else’s property, including a traffic cone, with the intention of permanently depriving the owner of it is guilty of theft”
