Obstructing driveway access - legal question

[CIS121]

I've just moved house and have an access from a parking space at the rear of my garden onto a small Close. It's a narrow unmarked Close with a few houses on it and some of the neighbours used to park across from my driveway as it was previously unused.

I've spoken to the neighbours about access as I wish to start using the driveway again and one woman (who lives elsewhere and visits her boyfriend) is insistent on parking in such a way that it's virtually impossible to get my car through the gates. She suggests I should widen my drive so I can get out easier. I've attached a photo showing the position of where she parks and my garden and parking space bordered in blue. A couple of the neighbours advise they find her quite problematic.

If I can find out where she lives I've got a friendly solicitor who'll write a formal letter advising of her obstruction and that I will have to take steps to ensure I can access my parking space.

My title deeds state a right of access onto the Close. From a legal viewpoint where do I stand? I presume obstructing my access is a civil matter? Realistically, is this easy to enforce as she isn't directly blocking it more making access tricky if not impossible. I currently don't know her address either.

Edited by CIS121 on Sunday 5th September 17:00

[herbialfa]

No pic attached fella!

[Globulator]

CIS121 said:

one woman (who lives elsewhere and visits her boyfriend) is insistent on parking in such a way that it's virtually impossible to get my car through the gates. She suggests I should widen my drive so I can get out easier.

I'd suggest it's nothing to do with you if her tyres keep going down when she parks there.

[mk1fan]

http://www.pistonheads.com/gassing/topic.asp?h=0&a... I find out who is the registered keeper of a car?&mid=49885


Worth a look through - the whole of it. To summerise, if you have a dropped kerb and you cannot get out of your drive [easily] then you can call the Police and they will tow away the vehicle.

[CIS121]

Pic now attached!

Very interesitng post linked thanks folks - I had no idea the Police would take an interest. I'll speak to her again to try to resolve this amicably, but the post has enough ideas to get this resolved if it has to lead to formal action :-)

I could start letting down tyres etc, but it's easy for her to do similar and I don't want to get into this situation.

Blocking the drive of a PHer is stuff not to be taken lightly.

Thanks guys!

[Wings]

CIS121 said:

Pic now attached!

Very interesitng post linked thanks folks - I had no idea the Police would take an interest. I'll speak to her again to try to resolve this amicably, but the post has enough ideas to get this resolved if it has to lead to formal action :-)

I could start letting down tyres etc, but it's easy for her to do similar and I don't want to get into this situation.

Blocking the drive of a PHer is stuff not to be taken lightly.

Thanks guys!

Letter to DVLA requesting registered keeper's address, then a knock on her front door, surprising howattitudes change when confrontation is at their own front door.

[CIS121]

I've just spoken to her - she went ape! I said I couldn't park my car in my drive and she is adament that she is allowed to park there because she isn't directly parking across the driveway. She suggested I take her to court if I am not happy with her parking there and she has been doing so for 25 years and isn't going to change now for me suggesting I park in the Close. The old lady who lived here previously never had a car. Her partner was telling her to move the car and she can't park there and she was shouting at him to shut up and not bulldoze her - what a scene!

I'm going to park the second car in there tonight when she's gone and then call the Police next time she blocks it. I'll try the DVLA link as well thanks :-) Some people are beyond belief! What would she do if Iblockd her drive - I doubt she'd just accept it and park elsewhere.

Wings said:

CIS121 said:

Pic now attached!

Very interesitng post linked thanks folks - I had no idea the Police would take an interest. I'll speak to her again to try to resolve this amicably, but the post has enough ideas to get this resolved if it has to lead to formal action :-)

I could start letting down tyres etc, but it's easy for her to do similar and I don't want to get into this situation.

Blocking the drive of a PHer is stuff not to be taken lightly.

Thanks guys!

Letter to DVLA requesting registered keeper's address, then a knock on her front door, surprising howattitudes change when confrontation is at their own front door.

[Spudler]

From what you've just said, i'd have a polite word with her partner explaining you intensions if she doesn't play ball, good chance it'll come good, maybe not straight away but in the near future.

[NiceCupOfTea]

Spudler said:

From what you've just said, i'd have a polite word with her partner explaining you intensions if she doesn't play ball, good chance it'll come good, maybe not straight away but in the near future.

Agree.

Keep us updated!

[CIS121]

NiceCupOfTea said:

Spudler said:

From what you've just said, i'd have a polite word with her partner explaining you intensions if she doesn't play ball, good chance it'll come good, maybe not straight away but in the near future.

Agree.

Keep us updated!

I thin kyou're probably right - I always ty to avoid confrontation if possible, but I wont let this go permanently. THanks guys and I'll report back with progress!

[Globulator]

CIS121 said:

I've just spoken to her - she went ape! I said I couldn't park my car in my drive and she is adament that she is allowed to park there because she isn't directly parking across the driveway. She suggested I take her to court if I am not happy with her parking there and she has been doing so for 25 years and isn't going to change now for me suggesting I park in the Close.

I'm sure she'll carry on parking there while the air stays in her tyres

[eldar]

Buy/borrow an old and tatty land rover. Cars in the way don't matter then.

[fido]

Globulator said:

CIS121 said:

I've just spoken to her - she went ape! I said I couldn't park my car in my drive and she is adament that she is allowed to park there because she isn't directly parking across the driveway. She suggested I take her to court if I am not happy with her parking there and she has been doing so for 25 years and isn't going to change now for me suggesting I park in the Close.

I'm sure she'll carry on parking there while the air stays in her tyres

+1. Now i don't condone touching another person's vehicle, but i find that lazy shysters who park inappropriately don't usually have a foot pump on them, and tyre valves sometimes work themselves loose over time ... plan 2) though it may end up with damage on your vehicle is to park right next to her car i.e. covering your own drive and making it harder for her to 3-point turn.

Edited by fido on Monday 6th September 09:56

[IainT]

Don't get tempted to carry out any act of retribution ans many on PH seem to advocate, it's you that will get in the st not the gung-ho posters.

While it's not ideal, could you widen the entry with limited cost/hassle? If it's as tight as you imply (can't see the pic from work) then it'd be more convenient for you anyway. Not saying you should have to but sometimes the fight isn't worth it.

However, if you have no option or the cost is too great, then simply sticking to doing things legally should be your approach. Good luck with that!

[mk1fan]

Is she parking across your drive or opposite it?

If it is opposite then I don't know what to suggest. Why not speak to the local Highways department about getting parking restrictions - ie double yellows - installed.

[Silver993tt]

mk1fan said:

To summerise, if you have a dropped kerb and you cannot get out of your drive [easily] then you can call the Police and they will tow away the vehicle.

Er, not quite true. I had a car parked completely across my driveway totally blocking it. Police came round and simply issue a ticket on the car which was approx £20 fine. They would not arrange for the car to be towed away. Absolutely ridiculous.

[mk1fan]

Was it stopping you from getting your car in to the drive or stopping you getting your car out of the drive?

The former is 'inconvenient' and the Police won't tow away. If it's the latter then it's 'obstruction' and the Police will tow away.

If your situation was obstruction then the Police should have towed the vehicle away. Issuing a ticket was a mistake on their part.

Edited by mk1fan on Monday 6th September 10:53

[Silver993tt]

mk1fan said:

Was it stopping you from getting your car in to the drive or stopping you getting your car out of the drive?

The former is 'inconvenient' and the Police won't tow away. If it's the latter then it's 'obstruction' and the Police will tow away.

If your situation was obstruction then the Police should have towed the vehicle away. Issuing a ticket was a mistake on their part.

Edited by mk1fan on Monday 6th September 10:53

I was trying to get the car into the garage. The police said what you mentioned. However, my car was uninsured at that address unless the car was garaged (and this was to be overnight). I explained to the police that my car would be uniinsured unless I put the car in the garage to which the police replied "tough luck". I then had to drive to a friends house, to leave it on their driveway and then get a lift back. A total of 1 1/2 hours after an hour arguing with the police and yet it cost me more in time & money than the idiot who parked overnight for £20 in front of my driveway.

Edited by Silver993tt on Monday 6th September 11:01

[PaulHogan]

mk1fan said:

Is she parking across your drive or opposite it?

If it is opposite then I don't know what to suggest. Why not speak to the local Highways department about getting parking restrictions - ie double yellows - installed.

Or, if you fancy a laugh you could install your own double yellow lines...
The 'lines' can be bought here http://www.arco.co.uk/products/5707902/189682/Flex... and you'll need to borrow or hire a gas burner to melt/adhere them onto the road.
bh woman will drive round, see newly installed double yellows and bugger off. I think it very unlikely she'll contact the council to see if the lines are legal.

Just a thought.

[freecar]

She's in the right, widen the drive.

The police will only be interested if the car is on your side of the road. If your car cannot easily get off of your drive when the road next to your dropped kerb is clear then it's your problem!