Access blocked by 3rd party vehicle?

[Legacywr]

I have a situation where people are parking across a roller door out of business hours.

The door itself is in a gated yard, that is locked when the yard isn't in use.

We only use the unit itself part time, but, I do store a car inside, that I could want to get out at any time.

The van(s) belong to a neighboring company, and, I have spoken to them on a few occasions already, but, it still happens!

I have to admit, I don't have a sign up yet, but, I have one on order.

Do I have the right to move the offending vehicle by force if necessary?

[anothernameitist]

You have the right in life to do anything.

Sometimes though you have to be responsible for your actions.

HTH

[Mandat]

If the van is from a neighbouring business, and they are able to move the van at your request, then you might be benefiting from increased security since it won't be possible to ram-raid through your roller shutter or steal you car if the van is blocking the exit. Something to consider.

On the other hand, if you don't want the van to park there at all, speak to the business owner in the first instance, and if no joy, speak to your landlord so that they can take any appropriate action, as presumably the van owners will be breaching the terms of their lease in some way, either due to unauthorised parking, blocking access, etc.

[LordHaveMurci]

I believe that obstruction is a Police thing rather than Local Authority therefore I personally would call them if it's an ongoing issue & you're not to bothered about upsetting the guilty party.

[Legacywr]

I have spoken to the owner, and informed him, that, I potentially need access 24/7.

The vehicles are left there outside of office hours, so, they aren't there to move them!

I have no problem with upsetting them at all

[Mandat]

LordHaveMurci said:

I believe that obstruction is a Police thing rather than Local Authority therefore I personally would call them if it's an ongoing issue & you're not to bothered about upsetting the guilty party.

Sounds like its on private property, therefore I'd expect both the council and police to be disinterested, in what is effectively a private landlord-tenant matter.

[S26VE P]

Do you have something you could park in front of their shutter at an inconvenient time? that might give them an idea on how awkward it is.

[surveyor_101]

S26VE P said:

Do you have something you could park in front of their shutter at an inconvenient time? that might give them an idea on how awkward it is.

I would try this.

Also the next time it happens send them an official cease and desist letter and inform your landlord of that letter. Assuming the neighbouring business lease their unit? The landlord should point out they are breaching.


Also have you tried rocking up our of hours and calling them to move it?

[mikeveal]

If the van is on an adopted highway and it is blocking your access to that highway then it is a Police matter and they are responsible for getting it moved.
If the van is not on an adpoted highway, or it is blocking your access to your property (i.e. stopping you getting in to rather than out of your property) then tough.

Whilst the Police are responsible for dealing with this, they may well be reluctant to act and may try fobbing you off.

[Legacywr]

It will be the vehicle inside that they are blocking in, rather than blocking me from getting in.

[mikeveal]

Yup I got that. Just explaining how the law works. Is the van parked on an adapoted highway (a road)? Or is it on private land?

[shakotan]

Preventing a vehicle access to the Public Highway is an offence, regardless of whether this occurs on private or public land.

[Legacywr]

Sorry mikeveal, yes the land is private!

[Legacywr]

shakotan said:

Preventing a vehicle access to the Public Highway is an offence, regardless of whether this occurs on private or public land.

That's what I thought!?

[Legacywr]

Offending van!

[Vixpy1]

complain to the landlord

[Monty Python]

Find another vehicle and park it behind them - if you find something long enough you could block all three of them in one go.

[shakotan]

Ironic that they have their own "No Parking" signs...

Just put a note on the van and a sign on the door saying "24-hr access required". If you go there and can't get out, call 101 and tell them the van is commiting an offence under the Road Traffic Regulation Act 1984 and Protection of Freedoms Act 2012.

RTRA 1984 Section 99 deals with removing vehicles from the road which obstruct access to the Highway, and POFA 2012 Section 55 allows Section 99 of RTRA 1984 to expanded to include 'other land'..

RTRA 1984 S.99

http://www.legislation.gov.uk/ukpga/1984/27/sectio...

POFA 2013 S.55

http://www.legislation.gov.uk/ukpga/2012/9/part/3/...

Also the Highways Act 1980 Section 137 deals with the offense of obstructing access to the road.

HA 1980 S.137

http://www.legislation.gov.uk/ukpga/1980/66/sectio...

Edited by shakotan on Monday 22 February 15:57

[Legacywr]

Perfect reply, thanks

[TooMany2cvs]

Legacywr said:

Do I have the right to move the offending vehicle by force if necessary?

No. You're in exactly the same position as any wheel clamper (illegal) or tow company (illegal) or private parking company/slug* issuing invoices (legal with appropriate signs).