Parking on private property
Parking on private property
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BO55 VXR

Original Poster:

4,373 posts

281 months

Monday 12th March 2007
quotequote all
Outside my house is a set of car parking spaces for the houses around me.... 2 each for 3 houses...two other houses only have 1 parking space plus a garage,

Now, one of the garaged houses has two cars but the garage is now a spare room (converted) so they park in one of my spaces forcing me to park on the road.

What legal standing do I have to stop this car parking in my space? Have tried polite notes, conversation etc...

TPS

1,860 posts

243 months

Monday 12th March 2007
quotequote all
If the parking space is shown on the deeds as being yours you have the rights to it and can take action against them not to park there.If it is not shown on the deeds though i doubt there will be anything you can do.If it is shown on the deeds then a polite letter to them with copy of deeds and explaining legal action will be taken if they park there again.

BO55 VXR

Original Poster:

4,373 posts

281 months

Monday 12th March 2007
quotequote all
They are, indeed, on the deeds....

TPS

1,860 posts

243 months

Monday 12th March 2007
quotequote all
If it is then send him a letter with a copy and for future evidence keep a copy.If it does not work then i would say visit your solicter and get him to send a letter to them stating legal action will be taken if it carrys on.

JonRB

80,108 posts

302 months

Monday 12th March 2007
quotequote all
BO55 VXR said:
Outside my house is a set of car parking spaces for the houses around me.... 2 each for 3 houses...two other houses only have 1 parking space plus a garage,

Now, one of the garaged houses has two cars but the garage is now a spare room (converted) so they park in one of my spaces forcing me to park on the road.

What legal standing do I have to stop this car parking in my space? Have tried polite notes, conversation etc...

If it's on the deeds then it's trespassing and technically you could clamp them (provided you put up notices warning that it was private property and vehicles parked without authorisation will be clamped), but do you really want to enter the world of shit that is a neighbourly feud?

There are other options too. A security post to physically stop other people parking in your space, for example.


Edited by JonRB on Monday 12th March 19:11

TPS

1,860 posts

243 months

Monday 12th March 2007
quotequote all
The other suggestions are good and it is basically tresspassing which is a civil offence that can be dealt with in court.However if i were the op i would take action and not worry about getting into a feud.Why should he back down if he has spoken to the person and they still do it forcing him to park out on the road and risk his vehicle getting damaged etc.

Adolf

43 posts

235 months

Monday 12th March 2007
quotequote all
just out of interest...what did the people say when the Op spoke to them?

eltax91

10,778 posts

236 months

Tuesday 13th March 2007
quotequote all
Like everyone else has said, if it is on the deeds, then it's your right to use your space!

If i were you, i'd wait until he went out one weekend and park both of the cars on my spots, then i'd fetch the security posts out of the house and get them fitted whilst he was out. Job done!

I had a similar dispute with a neighbour blocking access to my drive to be snooty, and the post regarding clamping is 100% correct. I popped a sign up saying "block this drive and you'll be clamped, £150 release fee" then took a photo of it. The second she put her car over the drive i clamped it and took another photo. She got the BiB involved, and because my digital photo's were time stamped (proving that it was there when she parked up) they told her she needed to grovel to me to remove the clamp, or pay the release fee! Not sure if this was just the BiB trying to get out of the situation quickly!

Unfortunate that it tied my (and her) cars up for 3 days until the BiB came out, but shock horror, it's not happened since!

John Laverick

2,002 posts

244 months

Tuesday 13th March 2007
quotequote all
Could anybody elaborate on the above post further?

I live in a very very busy area and constantly get my drive blocked by shoppers etc... Can I legally put a sign up and clamp a car?

jasandjules

72,640 posts

259 months

Tuesday 13th March 2007
quotequote all
John Laverick said:

I live in a very very busy area and constantly get my drive blocked by shoppers etc... Can I legally put a sign up and clamp a car?


Yes and no.

You can put the sign up.

You can't clamp without a license.

But you can speak to a clamper company, put their number up (I am sure you can get a % of the fees) and then if someone parks in your spot, phone and get them clamped.

ETA: You have to own the land that you will clamp, so if they are blocking your drive by parking in the public road then no. You could try calling the police, for what good it will do you.



Edited by jasandjules on Tuesday 13th March 17:26

splatspeed

7,491 posts

281 months

Tuesday 13th March 2007
quotequote all
hire it out to them

as you dont want them damaging that monaro

herewego

8,814 posts

243 months

Tuesday 13th March 2007
quotequote all
Perhaps you could rent the space out to your neighbour, or if you want to be awkward, to someone else.

wonkysid

52 posts

235 months

Tuesday 13th March 2007
quotequote all
John Laverick said:
Could anybody elaborate on the above post further?

I live in a very very busy area and constantly get my drive blocked by shoppers etc... Can I legally put a sign up and clamp a car?


is the road a public highway, if so you or a private clamping firm cannot clamp them, i have similar trouble at my mothers house, private property is another thing though

herewego

8,814 posts

243 months

Tuesday 13th March 2007
quotequote all
wonkysid said:
John Laverick said:
Could anybody elaborate on the above post further?

I live in a very very busy area and constantly get my drive blocked by shoppers etc... Can I legally put a sign up and clamp a car?


is the road a public highway, if so you or a private clamping firm cannot clamp them, i have similar trouble at my mothers house, private property is another thing though

I think if someone blocks a driveway, they would be guilty of obstruction and the police would deal with it if asked.

Stu R

21,673 posts

245 months

Tuesday 13th March 2007
quotequote all
herewego said:
wonkysid said:
John Laverick said:
Could anybody elaborate on the above post further?

I live in a very very busy area and constantly get my drive blocked by shoppers etc... Can I legally put a sign up and clamp a car?


is the road a public highway, if so you or a private clamping firm cannot clamp them, i have similar trouble at my mothers house, private property is another thing though

I think if someone blocks a driveway, they would be guilty of obstruction and the police would deal with it if asked.


You'd think so, alas nope

jasandjules

72,640 posts

259 months

Tuesday 13th March 2007
quotequote all
[quote=herewego
I think if someone blocks a driveway, they would be guilty of obstruction and the police would deal with it if asked.[/quote]

Nope. Plod say it is a civil matter, what a shock eh? Cops not interested in crime.

It took me to head round to the chaps house and tell him I would kick seven shades out of him if I found a car parked in front of my driveway again. IN fact, a few days before I got home to find HIS landrover on MY driveway blocking my TVR in !! Feckin farmers.

fastcarl

254 posts

250 months

Tuesday 13th March 2007
quotequote all
the police were more than interested when a dim pillock parked there car at the top of my next door neibours drive [blocking it] i live at the top of a cul des sac. my neibour knocked on every door on the street, 11 doors asking about said car, but no one owned up , so i told her to cal bib, they turned up and stuck a ticket for obstruction on the car, the stupid cow soon showed her face when the bizzies showed, but too late ticket issued, ha ha ha!!! result, thoughtless shite.

carl

esselte

14,626 posts

297 months

Tuesday 13th March 2007
quotequote all
To the OP,Is yours a new housing development?If so I beleive that there are regulations for the number of parking spaces/garages provided for each house (varies with the number of bedrooms I think).Did your neighbour get planning permission to convert his garage and therefore reduce the number of car spaces? or did he just do it without?I know this sounds a bit heavyhanded but if you want your parking space back..........

BO55 VXR

Original Poster:

4,373 posts

281 months

Tuesday 13th March 2007
quotequote all
Its a 10 y/o development consisting of 2 and 3 bed houses.. the 3s have integral garages with a drive way for 1 car... the 2 beds have 2 allocated spaces.

As for planning permission, i dunno...

justinp1

13,363 posts

260 months

Tuesday 13th March 2007
quotequote all
BO55 VXR said:
Its a 10 y/o development consisting of 2 and 3 bed houses.. the 3s have integral garages with a drive way for 1 car... the 2 beds have 2 allocated spaces.

As for planning permission, i dunno...



The point is though that the space is an much yours as your back garden is, or indeed your lounge!

I am wondering what your neighbour said when you told them that the space is actually yours...

Are they really in the 1% of completely inconsiderate people that exist!?