Neighbours blocking our access to garden

tori.k

You can't just absolve yourself from liability for damage just by sticking a notice up - you still owe a duty of care irrespective of whether they're parked there illegally or not.


that why i stated im not sure if i was liable.
As far as im concerned tho im discharging my duty of care by notifying all that our back gate is in contant use and that anyone parks there does so there own risk.
In that im thinking i may be covered as most supermarkets etc cover themselves this way.
Our's like the OP is private land not highway,

themacster

The supermarkets thing is to absolve the supermarket themselves for any damage caused to customers vehicles by, say, another shopper bashing your car with a shopping trolley - its the shopper's fault, not the supermarket. If the trolley collector loses control of his column of trolleys and hits your car, the supermarket is liable due to his negligence.

The notice on the gate may help, but the other guy could always say it wasn't there when he parked etc. You still have to take all reasonable steps to avoid damaging his car. Although you could always say it wasn't you!

dave82_2

Have you discussed it with them?

More often than not people are oblivious to their rudeness and might be quite willing to park a bit differently.

You might have already tried this but you would be surprised how many people send a solicitors letter to their neighbours rather than discuss an issue!

trinity_enigma

dave82 wrote: »

Have you discussed it with them?

I was just going to ask this, I was amazed that after reading through the number of posts on this thread there was nobody offering this piece of advice.

Granted the OP may well have spoken to them about it, but it doesn't say he has. I can't believe everybody thinks the first call of action would be the expense of a solicitor (and on a money saving website!)

I'd suggest a friendly chat- possibly the previous owners had no problem with them parking there?