Neighbour's car parked on my drive
Discussion
http://www.legislation.gov.uk/ukpga/2012/9/section...
Apologies for copying the lot BUT, have a look at para 3 of the legislation mentioned above.
I think there might be a case in arguing that a garage door is a FIXED barrier whether lowered or not, ( in this case the reverse would apply surely) as implied consent, and the owner of the barrier is withinn their rights to block the movement of the vehicle
As i read it if the barrier is UP (garage door down)then the driver CANNOT access the driveway/garage
a physical obstacle. However if the barrier is down(garage door up) then although the driver can gain access but is consenting to do so in violation of the 'fixed' barrier. or is there some small print i cant see?
eg the door is a BARRIER to stop people entering the garage
Just my 2p worth
Secondly, having to go to work or catch a flight doesn't make you exempt from committing the offence of preventing someone from accessing the highway.
Unless there are special Laws applying to the area (as happens in London), then yes, there is no legal right to access to a property, only a right of access to the highway.
When it comes to situations where someone finds a car parked across their driveway when they come home (with no car already parked on the driveway), plenty of people come on here to say: "If you've got two cars available, park right up against their front and rear bumpers so they can't go anywhere!", not realising that by doing that, the only person committing an offence would be the home owner.
How does deliberately blocking in a car on the driveway (that shouldn't be there), and going away for "a short European break" make you exempt from the Law of the right to access to the highway?
In the eyes of the Law, it's no different to someone parking behind the home owners car and going off for "a short European break".
Subject to certain legal restrictions, the Law has been simplified to state that everybody has a legal right to have access to the highway and it is illegal to prevent them from doing so.
I'm not advocating that people should be free to park wherever they like!, I'm merely pointing out that, rightly or wrongly, as the Law stands, as an ordinary member of the public, by blocking in a car parked on your own driveway when it shouldn't be there, you commit an offence! - You do not have a legal right to prevent anyone from having access to the public highway! (Whether you would actually face a prosecution is a different matter).Looks like I broke the law. Still, it made me giggle, it f
ked up the selfish bd who stuck his car in my garage's day and I got away with it.
It's the sort of thing plod never takes further the first time you do it. If you're well spoken, well dressed, polite and prepared to pass the attitude test: ie hang your head in shame, look suitably contrite and take a bking off an angry policeman (who really needs to understand that he's only out there making a living and not take everyone breaking laws so bloody personally) you just about have to kill someone before you suffer a consequence.
Apologies for copying the lot BUT, have a look at para 3 of the legislation mentioned above.
I think there might be a case in arguing that a garage door is a FIXED barrier whether lowered or not, ( in this case the reverse would apply surely) as implied consent, and the owner of the barrier is withinn their rights to block the movement of the vehicle
As i read it if the barrier is UP (garage door down)then the driver CANNOT access the driveway/garage
a physical obstacle. However if the barrier is down(garage door up) then although the driver can gain access but is consenting to do so in violation of the 'fixed' barrier. or is there some small print i cant see?
eg the door is a BARRIER to stop people entering the garage
Just my 2p worth
Tannedbaldhead said:
4rephill said:
Retroman said:
Does the person who parked on their land, inside their property have a legal right that prevents them from securing their building?
No they don't, but by securing the property with the vehicle trapped inside you commit the offence of preventing them from accessing the highway.Retroman said:
What if your garage had some personal stuff inside it, that might be of value and you had to go to work or even to catch your flight abroad?
First off, if there are valuable items in the garage then it's a bit silly leaving it open for anyone to be able to just come along and help themselves!Secondly, having to go to work or catch a flight doesn't make you exempt from committing the offence of preventing someone from accessing the highway.
Jasandjules said:
However, you MAY block their driveway if they are not there as they have no legal right to access their own land IIRC.
Unless there are special Laws applying to the area (as happens in London), then yes, there is no legal right to access to a property, only a right of access to the highway.
When it comes to situations where someone finds a car parked across their driveway when they come home (with no car already parked on the driveway), plenty of people come on here to say: "If you've got two cars available, park right up against their front and rear bumpers so they can't go anywhere!", not realising that by doing that, the only person committing an offence would be the home owner.
Eclassy said:
Not a lawyer or policeman but surely this is false. How can you be accussed of the above when you have simply locked your own garage which is designed to be er... locked.
Because by locking the garage with the other persons car still in it, by the definition of the Law, you have prevented them from accessing the highway, as they have a legal right to do.Eclassy said:
You couldnt even be accused of the above if you simply legally park behind an unauthorised vehicle on your private driveway and decide to take a short European break.
Why not?How does deliberately blocking in a car on the driveway (that shouldn't be there), and going away for "a short European break" make you exempt from the Law of the right to access to the highway?
In the eyes of the Law, it's no different to someone parking behind the home owners car and going off for "a short European break".
Subject to certain legal restrictions, the Law has been simplified to state that everybody has a legal right to have access to the highway and it is illegal to prevent them from doing so.
Eclassy said:
If the police prosecute people for parking on their own drives or locking their garages then I may as well forget about buying that annual season parking ticket and just park on one of the many empty driveways near my local station safe in the knowledge that the police wont get involved as its a civil matter and if I am blocked in, I can get the police to come out and give the home owner a stern talking to for obstructing my access to the highway.
The icing on the cake is if the homeowner doesnt not desist from doing so, then he/she is liable to be prosecuted.
I'm pretty certain that there are other Laws that can be applied to people parking on other peoples driveways, from trespass to wide ranging public order offences. If you habitually park on other peoples driveways and the Police constantly get complaints about your car then I suspect you'll find that it's not the home owners getting into so much trouble with the Police! The icing on the cake is if the homeowner doesnt not desist from doing so, then he/she is liable to be prosecuted.
I'm not advocating that people should be free to park wherever they like!, I'm merely pointing out that, rightly or wrongly, as the Law stands, as an ordinary member of the public, by blocking in a car parked on your own driveway when it shouldn't be there, you commit an offence! - You do not have a legal right to prevent anyone from having access to the public highway! (Whether you would actually face a prosecution is a different matter).
ked up the selfish bd who stuck his car in my garage's day and I got away with it. It's the sort of thing plod never takes further the first time you do it. If you're well spoken, well dressed, polite and prepared to pass the attitude test: ie hang your head in shame, look suitably contrite and take a b
king off an angry policeman (who really needs to understand that he's only out there making a living and not take everyone breaking laws so bloody personally) you just about have to kill someone before you suffer a consequence. Edited by silverfoxcc on Sunday 20th April 12:12
Edited by silverfoxcc on Sunday 20th April 12:17
Terminator X said:
4rephill - blocking someone in on my drive is a criminal offence?! The Law gets madder every day 
TX.
PS as another poster has said, why didn't Police intervene when people were getting clamped on private land?
That is what the signage was all about, the police could do nothing if you had agreed to it being done.TX.
PS as another poster has said, why didn't Police intervene when people were getting clamped on private land?
I personally think it is blackmail, nothing more nothing less.
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