Driveway parking?

Wig

No, we don't agree, an open gateway and empty driveway can be seen as an invitation, along the same lines as the right to enter under implied access rights for pedestrians. If this is the case for a driver of a vehicle - and I'm not saying it is - then it would not be trespass.

However even if it was trespass and implied access did not apply, so what? It's not criminal, there's nothing the householder can do except ask them to leave, but as they are not intending on staying, it's a bit pointless isn't it.

Oh, I just noticed you bolded a bit of my text, but you failed to notice this bit which defines what I referred to as the "public area" The public area being the driveway and foot path leading up to the front door.

The idea of hitting someone is silly because it would not happen. Perfectly capable of driving my car safely thanks.

And I mean no offence to you or to the driveway owner, and I will be gone in under 1 minute. It's such an insignificant action that its just not worth getting bothered about.

anewman

Wig wrote: »

No, we don't agree, an open gateway and empty driveway can be seen as an invitation,

Is this like burglars see an ajar door and an empty house as an invitation?

MORPH3US

Wig wrote: »

And I mean no offence to you or to the driveway owner, and I will be gone in under 1 minute.

Sounds like the able bodied people who park in disabled bays at shops, "i'll only be a minute"

or the person who knocks a person down whilst looking at their mobile "I only looked away for a minute"...

(not saying you do either of these Wig, so please don't get offended)

My point though is that something is either legal or illegal, time (usually) has no bearing on it...

JANELUVI

Is it a shared driveway between the two of you with garages at the end? If so I have the same problem wth my neighbour and all his visitors treating it as if it is his private drive. I have enquired of local Solicitors and have been told that this is an access only driveway to the garage where you both have right of way but you are not actually allowed to park in it. I have a hardstand but my neighbour refuses to have one and then blocks the driveway if someone is parked outside his place in the road, if it's just overnight occasionally I don't mind but his kids when they visit just automatically come into the driveway even if there is space in the road. I came back one day to find his son parked on my hardstand changing his tyre!! Apart from murder what do you do with people like that. Unpolite answers only please!!

banger9365

well if some one parked on my drive and did not know who it was there car will stay there until i was ready to let it go ,police or no police because they will have to get them and they can us my phone to ring them,it's private property full stop

it illegal to block access to a property ie parking on drive or blocking driveway ,police will tow or ticket them
silly thing is that you cannot block your own driveway by parking on the road to stop them moving it's illegal put there is no law stopping you from parking your own car on your own drive has long has it ihas a drop curd ect and not moving it

shadej

So far there has been no more trouble. I noticed one of their friends cars parked on the street out front. I will get the bollard fitted as soon as it arrives.

can some one give me an answer to this:
If my bollard is down and they park in my drive, and I put it back up blocking them from leaving. Will I get in trouble or will the police ask me to move it. Or am I free to move it when I see fit?

cyclonebri1

Wig wrote: »

No, we don't agree, an open gateway and empty driveway can be seen as an invitation, along the same lines as the right to enter under implied access rights for pedestrians. If this is the case for a driver of a vehicle - and I'm not saying it is - then it would not be trespass.

However even if it was trespass and implied access did not apply, so what? It's not criminal, there's nothing the householder can do except ask them to leave, but as they are not intending on staying, it's a bit pointless isn't it.

Oh, I just noticed you bolded a bit of my text, but you failed to notice this bit which defines what I referred to as the "public area" The public area being the driveway and foot path leading up to the front door.

The idea of hitting someone is silly because it would not happen. Perfectly capable of driving my car safely thanks.

And I mean no offence to you or to the driveway owner, and I will be gone in under 1 minute. It's such an insignificant action that its just not worth getting bothered about.

I'm not critising you though you seem to be taking it that way. We are not talking about your driving, but that of the person that is lets say "less considerate", as only someone who enters someone elses drive to turn round is.

How the hell can someones drive be considered a public area? Sorry I take it back we obviously don't agree.

It doesn't take 1 min to run onto the lawn or knock the plant pots over does it?

banger9365

shadej wrote: »

So far there has been no more trouble. I noticed one of their friends cars parked on the street out front. I will get the bollard fitted as soon as it arrives.

can some one give me an answer to this:
If my bollard is down and they park in my drive, and I put it back up blocking them from leaving. Will I get in trouble or will the police ask me to move it. Or am I free to move it when I see fit?

this is the only thing i can find that relates to what is happening to you
section 235 of the high way code. You MUST NOT park in parking spaces reserved for
specific users, such as Blue Badge holders or residents, unless
entitled to do so.
Laws CSDPA sect 21 & RTRA sects 5 & 8

rememder the hight way code is not law put can be used in a court of law
and to you blocking them in,let them call the police and let them expain why there parcked there ,when your out