Blocked Drive - Enforcement Matters
Discussion
flyingscot68 said:
Set fire to it, by the time the FB put it out, it'll be light enough to move
Box with wires, under car- a controlled explosion will shift it. Some fuel of correct type for vehicle, on road under fuel tank- no need to set fire to it- FB will remove it .
BUT where's the frozen Sausages -
I had to do this once with some dick head who parked across my gates. Unfortunately for him, I was returning home in a well equipped Land-Rover. Hooked up to the rear towing eye, dragged him across the road, and drove in. I resisted the temptation to remove his tyre valve cores. Plod came to clear the obstruction the next day when someone else reported it.
Actually - removing his valve cores is not a bad idea. Remove them and stick a note on his windscreen telling him to knock the door if he wants them back. No damage done, but lesson learnt.
Actually - removing his valve cores is not a bad idea. Remove them and stick a note on his windscreen telling him to knock the door if he wants them back. No damage done, but lesson learnt.
Blocking a car on a drive from accessing the Public Highway is an Offense under the Protection of Freedoms Act 2012, so most definitely IS a matter for the Police, however much they might protest.
http://www.legislation.gov.uk/ukpga/2012/9/section...
54 Offence of immobilising etc. vehicles
(1)A person commits an offence who, without lawful authority—
(a)immobilises a motor vehicle by the attachment to the vehicle, or a part of it, of an immobilising device, or
(b)moves, or restricts the movement of, such a vehicle by any means,
intending to prevent or inhibit the removal of the vehicle by a person otherwise entitled to remove it.
(2)The express or implied consent (whether or not legally binding) of a person otherwise entitled to remove the vehicle to the immobilisation, movement or restriction concerned is not lawful authority for the purposes of subsection (1).
(3)But, where the restriction of the movement of the vehicle is by means of a fixed barrier and the barrier was present (whether or not lowered into place or otherwise restricting movement) when the vehicle was parked, any express or implied consent (whether or not legally binding) of the driver of the vehicle to the restriction is, for the purposes of subsection (1), lawful authority for the restriction.
(4)A person who is entitled to remove a vehicle cannot commit an offence under this section in relation to that vehicle.
(5)A person guilty of an offence under this section is liable—
(a)on conviction on indictment, to a fine,
(b)on summary conviction, to a fine not exceeding the statutory maximum.
(6)In this section “motor vehicle” means a mechanically propelled vehicle or a vehicle designed or adapted for towing by a mechanically propelled vehicle.
http://www.legislation.gov.uk/ukpga/2012/9/section...
54 Offence of immobilising etc. vehicles
(1)A person commits an offence who, without lawful authority—
(a)immobilises a motor vehicle by the attachment to the vehicle, or a part of it, of an immobilising device, or
(b)moves, or restricts the movement of, such a vehicle by any means,
intending to prevent or inhibit the removal of the vehicle by a person otherwise entitled to remove it.
(2)The express or implied consent (whether or not legally binding) of a person otherwise entitled to remove the vehicle to the immobilisation, movement or restriction concerned is not lawful authority for the purposes of subsection (1).
(3)But, where the restriction of the movement of the vehicle is by means of a fixed barrier and the barrier was present (whether or not lowered into place or otherwise restricting movement) when the vehicle was parked, any express or implied consent (whether or not legally binding) of the driver of the vehicle to the restriction is, for the purposes of subsection (1), lawful authority for the restriction.
(4)A person who is entitled to remove a vehicle cannot commit an offence under this section in relation to that vehicle.
(5)A person guilty of an offence under this section is liable—
(a)on conviction on indictment, to a fine,
(b)on summary conviction, to a fine not exceeding the statutory maximum.
(6)In this section “motor vehicle” means a mechanically propelled vehicle or a vehicle designed or adapted for towing by a mechanically propelled vehicle.
shakotan said:
Blocking a car on a drive from accessing the Public Highway is an Offense under the Protection of Freedoms Act 2012, so most definitely IS a matter for the Police, however much they might protest.
http://www.legislation.gov.uk/ukpga/2012/9/section...
54 Offence of immobilising etc. vehicles
(1)A person commits an offence who, without lawful authority—
(a)immobilises a motor vehicle by the attachment to the vehicle, or a part of it, of an immobilising device, or
(b)moves, or restricts the movement of, such a vehicle by any means,
intending to prevent or inhibit the removal of the vehicle by a person otherwise entitled to remove it.
(2)The express or implied consent (whether or not legally binding) of a person otherwise entitled to remove the vehicle to the immobilisation, movement or restriction concerned is not lawful authority for the purposes of subsection (1).
(3)But, where the restriction of the movement of the vehicle is by means of a fixed barrier and the barrier was present (whether or not lowered into place or otherwise restricting movement) when the vehicle was parked, any express or implied consent (whether or not legally binding) of the driver of the vehicle to the restriction is, for the purposes of subsection (1), lawful authority for the restriction.
(4)A person who is entitled to remove a vehicle cannot commit an offence under this section in relation to that vehicle.
(5)A person guilty of an offence under this section is liable—
(a)on conviction on indictment, to a fine,
(b)on summary conviction, to a fine not exceeding the statutory maximum.
(6)In this section “motor vehicle” means a mechanically propelled vehicle or a vehicle designed or adapted for towing by a mechanically propelled vehicle.
This scenario isn't what that legislation is designed for. It's extremely unlikely there'd be the intention required. http://www.legislation.gov.uk/ukpga/2012/9/section...
54 Offence of immobilising etc. vehicles
(1)A person commits an offence who, without lawful authority—
(a)immobilises a motor vehicle by the attachment to the vehicle, or a part of it, of an immobilising device, or
(b)moves, or restricts the movement of, such a vehicle by any means,
intending to prevent or inhibit the removal of the vehicle by a person otherwise entitled to remove it.
(2)The express or implied consent (whether or not legally binding) of a person otherwise entitled to remove the vehicle to the immobilisation, movement or restriction concerned is not lawful authority for the purposes of subsection (1).
(3)But, where the restriction of the movement of the vehicle is by means of a fixed barrier and the barrier was present (whether or not lowered into place or otherwise restricting movement) when the vehicle was parked, any express or implied consent (whether or not legally binding) of the driver of the vehicle to the restriction is, for the purposes of subsection (1), lawful authority for the restriction.
(4)A person who is entitled to remove a vehicle cannot commit an offence under this section in relation to that vehicle.
(5)A person guilty of an offence under this section is liable—
(a)on conviction on indictment, to a fine,
(b)on summary conviction, to a fine not exceeding the statutory maximum.
(6)In this section “motor vehicle” means a mechanically propelled vehicle or a vehicle designed or adapted for towing by a mechanically propelled vehicle.
Regulation 103 of the Road Vehicles (Construction and Use) Regulations 1986 creates the offence of 'unnecessary obstruction'.
It's more appropriate for the LA to do the enforcement in these circumstances, however the police would need to do the recovery.
Evolved said:
You've not read the other posts on here have you? Henzy said:
What drives people to do that?Hold the phone horizontal to film, FFS!
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff