Private road and parking issues

Private road and parking issues

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Discussion

xjay1337

15,966 posts

119 months

Tuesday 1st December 2015
quotequote all
Sump said:
So this is essentially some poor people scrapping over some land that is infront of their house but doesn't belong to them? Lol.
Seems a bit Hot Fuzz to me.
Late night hooded meetings. GREATER GOOD.

Swervin_Mervin

4,465 posts

239 months

Tuesday 1st December 2015
quotequote all
Sump said:
So this is essentially some poor people scrapping over some land that is infront of their house but doesn't belong to them? Lol.
How do we know it doesn't belong to them?

surveyor_101

Original Poster:

5,069 posts

180 months

Tuesday 1st December 2015
quotequote all
P
Sump said:
So this is essentially some poor people scrapping over some land that is infront of their house but doesn't belong to them? Lol.
Not so much that there is an empty house but these people aren't even intelligent/thoughtful enough to park there they are just pulling up right opposite people's drives and dumping their cars. One drives around on his phone and keeps having near misses, for 6 months we had 1/2 and they generally parked out of people's way. Then you get these 2/3 who drive like muppets abandon their cars infront of people's drives one parked bang slap infront of my car and I said are you going to be long he replied 4/5 hrs I said in the case don't block me in.



When it was one or two considerate people who weren't s nuisance we made exceptions. As usual a you get some idiots who ruin it for everyone. You dad or grandad was having their drive blocked by some inconsiderate 20s parking his car on his phone and walking off how would you feel.

There are two cars I have gone after and left 1 other as they come and go without nuisance.

Edited by surveyor_101 on Tuesday 1st December 17:29


Edited by surveyor_101 on Tuesday 1st December 17:32

anonymous-user

55 months

Tuesday 1st December 2015
quotequote all
Do the occupants own or lease the land in front of their houses or not, OP? If they don't, they can't control what goes on there. If they do, they probably can. When you say that the road is private, can you be more precise about what you mean by this?

surveyor_101

Original Poster:

5,069 posts

180 months

Tuesday 1st December 2015
quotequote all
Breadvan72 said:
Do the occupants own or lease the land in front of their houses or not, OP? If they don't, they can't control what goes on there. If they do, they probably can. When you say that the road is private, can you be more precise about what you mean by this?
I believe it belongs to the chap at the end, it's on his deads.

anonymous-user

55 months

Tuesday 1st December 2015
quotequote all
You mean deeds. Is the road a cul de sac?


surveyor_101

Original Poster:

5,069 posts

180 months

Tuesday 1st December 2015
quotequote all
Breadvan72 said:
You mean deeds. Is the road a cul de sac?
Yes dead end other than footpath

anonymous-user

55 months

Tuesday 1st December 2015
quotequote all
The footpath MIGHT be a public right of way (check) but that does not in itself create a right of way for vehicles. It is for the owner of the road to take such steps as he wishes to control access to it (assuming that there is not already a right of public access to the road). Thus, absent public access rights, you and your neighbours need to persuade the owner of the road to take whatever steps seem best (such as hiring Flashpark or similar).

Those who keep asserting that nothing can be done to prevent parking on the road may well be wrong, as a privately owned road that is a dead end would not usually be subject to a public right of access, but you need to research the position on access rights as applied to this road.

Note that every house fronting the road will have what is called an easement giving its occupant the right to use the road.

Sump

5,484 posts

168 months

Tuesday 1st December 2015
quotequote all
surveyor_101 said:
P
Sump said:
So this is essentially some poor people scrapping over some land that is infront of their house but doesn't belong to them? Lol.
Not so much that there is an empty house but these people aren't even intelligent/thoughtful enough to park there they are just pulling up right opposite people's drives and dumping their cars. One drives around on his phone and keeps having near misses, for 6 months we had 1/2 and they generally parked out of people's way. Then you get these 2/3 who drive like muppets abandon their cars infront of people's drives one parked bang slap infront of my car and I said are you going to be long he replied 4/5 hrs I said in the case don't block me in.



When it was one or two considerate people who weren't s nuisance we made exceptions. As usual a you get some idiots who ruin it for everyone. You dad or grandad was having their drive blocked by some inconsiderate 20s parking his car on his phone and walking off how would you feel.

There are two cars I have gone after and left 1 other as they come and go without nuisance.

Edited by surveyor_101 on Tuesday 1st December 17:29


Edited by surveyor_101 on Tuesday 1st December 17:32
If this is the case then you won't have any problem taking a picture and proving the inconsiderate parking on here, just so we know you're not one of 'those' folks.

tvrgit

8,472 posts

253 months

Tuesday 1st December 2015
quotequote all
Breadvan72 said:
The footpath MIGHT be a public right of way (check) but that does not in itself create a right of way for vehicles. It is for the owner of the road to take such steps as he wishes to control access to it (assuming that there is not already a right of public access to the road). Thus, absent public access rights, you and your neighbours need to persuade the owner of the road to take whatever steps seem best (such as hiring Flashpark or similar).

Those who keep asserting that nothing can be done to prevent parking on the road may well be wrong, as a privately owned road that is a dead end would not usually be subject to a public right of access, but you need to research the position on access rights as applied to this road.

Note that every house fronting the road will have what is called an easement giving its occupant the right to use the road.
I am afraid that your advice that a cul de sac would not usually have a public right of access is simply not correct. It might be in some circumstances, but is a non-sequitur (I know how you legal types like speaking in Ancient Roman). A public right of access does not have to continue through to anywhere else.

A public right of WAY normally would, but a right of access and right of way are two different and distinct things.

"Those who keep asserting that nothing can be done to prevent parking on the road may well be wrong", but they may well also be right, IF there is a public right of access, and it would be very poor advice to ignore that possibility.

surveyor_101

Original Poster:

5,069 posts

180 months

Tuesday 1st December 2015
quotequote all
Sump said:
If this is the case then you won't have any problem taking a picture and proving the inconsiderate parking on here, just so we know you're not one of 'those' folks.
I have been using up holiday and been home the last week and so not taking snaps off incidents when I have been at work.

There was one yesterday but I didn't take a a photo

anonymous-user

55 months

Tuesday 1st December 2015
quotequote all
Ignore tvrgit, OP. He is some pub expert wannabe lawyer reciting stuff he has found on Google.

surveyor_101

Original Poster:

5,069 posts

180 months

Tuesday 1st December 2015
quotequote all
Breadvan72 said:
Ignore tvrgit, OP. He is some pub expert wannabe lawyer.
We a appear to have scared off the majority and now just have one or two inconsiderate ones I am trying to see off.

If we get a couple of people who don't cause any trouble then fine.

I am not fussed on the legality most of these people can't park a car properly let alone read legal text or work out if we are correct stating its private road. I like the idea and have printed the keeper details request form copy competed on their cars.



FiF

44,144 posts

252 months

Tuesday 1st December 2015
quotequote all
I'll just point to this thread

Recent posts may go well towards explaining why the linked thread exists.

tvrgit

8,472 posts

253 months

Tuesday 1st December 2015
quotequote all
Breadvan72 said:
Ignore tvrgit, OP. He is some pub expert wannabe lawyer reciting stuff he has found on Google.
I read that you are only rude to people on purpose. Me too.

You know nothing about me you oaf. And since you are obviously too full of your own self-importance to care, I am not going to waste time explaining. I will continue in my profession, you stick you yours.

pingu393

7,824 posts

206 months

Tuesday 1st December 2015
quotequote all
Joeguard1990 said:
I've got a brilliant idea that will work.
How about instead of moaning, you work harder, save up and then move into a house that has a garage or an actual permitted parking area...?
Fair enough if people are blocking your drive, but nothing worse than people who moan about others who park legally just because they have nothing better to do.
Blocked Drive - Call 101 and report it.
OP, are any of the parked cars stopping you leave?

I read a thread a couple of months ago that was about blocking driveways. I learned that blocking access was ok, but blocking exit was illegal.

surveyor_101

Original Poster:

5,069 posts

180 months

Tuesday 1st December 2015
quotequote all
pingu393 said:
OP, are any of the parked cars stopping you leave?

I read a thread a couple of months ago that was about blocking driveways. I learned that blocking access was ok, but blocking exit was illegal.
One when to my other half shouted me to go and look.

Road is barley 5m wide and despite there being cars Yesterday the 70 year opposite couldn't get his car out as he has health issues and the parked opposite his drive when there was other spots were they would cause no bother. It's the lack of consideration with a few of them one parked almost touching my car so I couldn't get in the boot when there were other spaces.

surveyor

17,845 posts

185 months

Tuesday 1st December 2015
quotequote all
tvrgit said:
Breadvan72 said:
Ignore tvrgit, OP. He is some pub expert wannabe lawyer reciting stuff he has found on Google.
I read that you are only rude to people on purpose. Me too.

You know nothing about me you oaf. And since you are obviously too full of your own self-importance to care, I am not going to waste time explaining. I will continue in my profession, you stick you yours.
TVR

You troll BV's posts, then get all uppity when BV points out what he does for a living. Instead of getting unpleasantly aggressive how about posting your credentials. Then we'll have a clue as to whether your advice is worth listening to or not.

BV is a number of 'proper' Experts who helps out of his own time and will, Your attacks put others off and make this a less valuable part of the forum.

FiF

44,144 posts

252 months

Tuesday 1st December 2015
quotequote all
Just for info, BV is the one out of line here, sorry if that doesn't fit with your perception. Downright and deliberate rudeness by various posters is the reason a lot of contributors no longer bother. Again for info tvrgit is one of the proper experts.

surveyor

17,845 posts

185 months

Tuesday 1st December 2015
quotequote all
FiF said:
Just for info, BV is the one out of line here, sorry if that doesn't fit with your perception. Downright and deliberate rudeness by various posters is the reason a lot of contributors no longer bother. Again for info tvrgit is one of the proper experts.
Just looked at it. Think for rudeness it's probably 50/50. But I say again it does the OP no help. If TVR has expertise in this legal field in England he should say so.

As an aside - I think this very helpfully sums up the highway issue which BV and TVR seem to be at odds on. http://www.ashworths-solicitors.co.uk/news/private...