Someone Parking ON your drive

Someone Parking ON your drive

Author
Discussion

Short Grain

Original Poster:

2,774 posts

221 months

Tuesday 13th February 2018
quotequote all
I know we've had the parking over dropped kerbs and people who think they own the piece of road outside their house, but I heard on the radio today, Jeremy Vine show (with Vanessa what's her name?) that someone can park ON your drive and there's nothing you can do without actually getting a court order to get them off!

If the Police or LA choose not to attend, as it's a civil matter, or do attend and can't to persuade them to move, you're stuck with it! You can't block them in, you can't move it yourself, nothing.

A women rang in to say she'd come home from work to find someone parked on her drive. They were walking away when she confronted them and SHE ended up in court, charged and fined £250 for a breach of the peace as she 'Raised Her Voice!'

I couldn't believe it!! Any PH Lawyers care to confirm this, is it true??

How would PH'ers react if this happened?

Rick101

6,970 posts

151 months

Tuesday 13th February 2018
quotequote all
Great for spare parts.

ED209

5,746 posts

245 months

Tuesday 13th February 2018
quotequote all
Short Grain said:
I know we've had the parking over dropped kerbs and people who think they own the piece of road outside their house, but I heard on the radio today, Jeremy Vine show (with Vanessa what's her name?) that someone can park ON your drive and there's nothing you can do without actually getting a court order to get them off!

If the Police or LA choose not to attend, as it's a civil matter, or do attend and can't to persuade them to move, you're stuck with it! You can't block them in, you can't move it yourself, nothing.

A women rang in to say she'd come home from work to find someone parked on her drive. They were walking away when she confronted them and SHE ended up in court, charged and fined £250 for a breach of the peace as she 'Raised Her Voice!'

I couldn't believe it!! Any PH Lawyers care to confirm this, is it true??

How would PH'ers react if this happened?
You can't get charged with a breach of the peace because a breach of the peace is not a criminal offence, also simply raising your voice would not amount to a breach of the peace anyway. You can't be fined for a breach of the peace either (in England)

https://www.inbrief.co.uk/offences/breach-of-the-p...

Ian Geary

4,496 posts

193 months

Tuesday 13th February 2018
quotequote all
I guess it comes down to who has got more to lose. Any damage and you just lose any high ground, and start a downward spiral.

I would make it as awkward as possible for them to get their car out (without breaking the law yourself) and then invest in measures to prevent it happening again.

So, a retractable bollard or similar.

Though this problem is highly unlikely to happen to me, i'd only let it happen once. Any damage to the bollard then becomes criminal damage, giving a legal basis to pursue the offender.

Ian

Pericoloso

44,044 posts

164 months

Tuesday 13th February 2018
quotequote all
Sounds like BS ,someone trolled Vine over the phone.

OldGermanHeaps

3,840 posts

179 months

Tuesday 13th February 2018
quotequote all
It would be awesome, save on buying metal to practice with my new plasma cutter on.

V8RX7

26,903 posts

264 months

Tuesday 13th February 2018
quotequote all
I'd move it with my Telehandler

I had some genius park me in when I was at Uni (they made a third row in the car park)

I found a steel shovel under the sill gave me the leverage to bump it sideways and out my way.

The sill was obviously dented to hell by the end

If the Police don't want to help - people sort their problems out their way.

Short Grain

Original Poster:

2,774 posts

221 months

Tuesday 13th February 2018
quotequote all
Rick101 said:
Great for spare parts.
Quite Agree, However, YOU are then held as responsible for any damage to the car! According to the legal bod on the show you can't touch it or even push it off your drive!

I think I'd be away somewhere documented, i.e. at a restaurant or hotel, with receipts, when 'somebody' removed the car!

"Oh Dear, has it been stolen?" but still risky for me / you.

Also had the thought that this being said on national radio gives a green light for people where on street parking is difficult / scarce,and someone who's heard it thinks, " idea I'll stick it on X's drive!!"



TooMany2cvs

29,008 posts

127 months

Tuesday 13th February 2018
quotequote all
Short Grain said:
I know we've had the parking over dropped kerbs and people who think they own the piece of road outside their house, but I heard on the radio today, Jeremy Vine show (with Vanessa what's her name?) that someone can park ON your drive and there's nothing you can do without actually getting a court order to get them off!

If the Police or LA choose not to attend, as it's a civil matter, or do attend and can't to persuade them to move, you're stuck with it! You can't block them in, you can't move it yourself, nothing.
Yup. Exact same legislation as prevents wheelclamping or towing from any other private land, such as car parks. Can't have it both ways...

Short Grain said:
A women rang in to say she'd come home from work to find someone parked on her drive. They were walking away when she confronted them and SHE ended up in court, charged and fined £250 for a breach of the peace as she 'Raised Her Voice!'
<chuckle> That's the official version, is it?

V8RX7 said:
I'd move it with my Telehandler

I had some genius park me in when I was at Uni (they made a third row in the car park)

I found a steel shovel under the sill gave me the leverage to bump it sideways and out my way.

The sill was obviously dented to hell by the end

If the Police don't want to help - people sort their problems out their way.
Criminal damage.

OldGermanHeaps

3,840 posts

179 months

Tuesday 13th February 2018
quotequote all
V8RX7 said:
I'd move it with my Telehandler

I had some genius park me in when I was at Uni (they made a third row in the car park)

I found a steel shovel under the sill gave me the leverage to bump it sideways and out my way.

The sill was obviously dented to hell by the end

If the Police don't want to help - people sort their problems out their way.
Telehandlers are fking amazing things.
Do you think a bus shelter could take the weight of a car on top?

OldGermanHeaps

3,840 posts

179 months

Tuesday 13th February 2018
quotequote all
TooMany2cvs said:
Criminal damage.
Proof required.

Short Grain

Original Poster:

2,774 posts

221 months

Tuesday 13th February 2018
quotequote all
Pericoloso said:
Sounds like BS ,someone trolled Vine over the phone.
I hope it was BS, but even Vanessa was gobsmacked, (I know some on here may pay good money to see / hear that), but I'm sure the guy was a lawyer!

Again, any Legal Eagles care to comment or confirm this?

Chrisgr31

13,488 posts

256 months

Tuesday 13th February 2018
quotequote all
https://www.express.co.uk/news/uk/643470/home-owne...

This was local to us. Car owner apparently parked in wrong drive. Is possible as at least one of the houses opposite the station lets out their drive for parking.

Strange though that everyone on here complains about parking tickets etc but seems to be upset about the idea of someone parking in their drive.

V8RX7

26,903 posts

264 months

Tuesday 13th February 2018
quotequote all
TooMany2cvs said:
V8RX7 said:
I'd move it with my Telehandler

I had some genius park me in when I was at Uni (they made a third row in the car park)

I found a steel shovel under the sill gave me the leverage to bump it sideways and out my way.

The sill was obviously dented to hell by the end

If the Police don't want to help - people sort their problems out their way.
Criminal damage.
That you'd need to prove beyond all reasonable doubt was me, not my wife, daughters, mates....

As an example my jetski was stolen and found in the back garden of 2 scumbags - NOTHING HAPPENED - because the Police couldn't prove which one stole it.

banghead





stinkyspanner

721 posts

78 months

Tuesday 13th February 2018
quotequote all
Drain oil.
Put sump plug back in.
Wave bye bye.

Short Grain

Original Poster:

2,774 posts

221 months

Tuesday 13th February 2018
quotequote all
TooMany2cvs said:
Short Grain said:
I know we've had the parking over dropped kerbs and people who think they own the piece of road outside their house, but I heard on the radio today, Jeremy Vine show (with Vanessa what's her name?) that someone can park ON your drive and there's nothing you can do without actually getting a court order to get them off!

If the Police or LA choose not to attend, as it's a civil matter, or do attend and can't to persuade them to move, you're stuck with it! You can't block them in, you can't move it yourself, nothing.
Yup. Exact same legislation as prevents wheelclamping or towing from any other private land, such as car parks. Can't have it both ways... Didn't connect the two to be honest, Good Point!!

Short Grain said:
A women rang in to say she'd come home from work to find someone parked on her drive. They were walking away when she confronted them and SHE ended up in court, charged and fined £250 for a breach of the peace as she 'Raised Her Voice!'
<chuckle> That's the official version, is it?

Can you be charged / fined for a 'Breach of the Peace'? in those circumstances? I'm merely stating what was said and asking the question!

I know what I'd like to do, but could I be charged if it got shouty? I'd hope not!


Plug Life

978 posts

92 months

Tuesday 13th February 2018
quotequote all
Offer a Molotov cocktail to the perpetrator.

Mo28

907 posts

101 months

Tuesday 13th February 2018
quotequote all
Shove a banana in the exhaust laugh

OldGermanHeaps

3,840 posts

179 months

Tuesday 13th February 2018
quotequote all
stinkyspanner said:
Drain oil.
Put sump plug back in.
Wave bye bye.
Dont forget to unplug the oil pressure sensor so the light doesnt come on.

Short Grain

Original Poster:

2,774 posts

221 months

Tuesday 13th February 2018
quotequote all
Chrisgr31 said:
https://www.express.co.uk/news/uk/643470/home-owne...

This was local to us. Car owner apparently parked in wrong drive. Is possible as at least one of the houses opposite the station lets out their drive for parking.

Strange though that everyone on here complains about parking tickets etc but seems to be upset about the idea of someone parking in their drive.
Love the tonne of gravel, get someone else to gravel your drive! Parking Tickets are a slightly different thing IMO. If you park illegally, or go outside of the conditions or longer than permitted, expect a ticket and suck it up! YOU however, can't give a ticket to someone parked on your drive. And it would seem you can't get them to move it if they refuse, without going to court.