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Neighbour blocking my car in (on the street)

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124

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  • bigpound
    bigpound Posts: 259 Forumite
    You should see this as an oppurtunity to make some cash, offer to rent out your drive to her customers for a monthly cost. I take it you don't mind a short walk.
  • Tilt
    Tilt Posts: 3,599 Forumite
    Blocking someone IN (preventing them from LEAVING) is an offence but not the other way round. The OPs brother should be able to confirm this.
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • NAP6W
    NAP6W Posts: 20 Forumite
    The Police will not get involved as it is a civil dispute. You can go to court over it but only if she blocks access to your driveway. If it is street parking it is every man for themselves.
  • fivetide
    fivetide Posts: 3,811 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker
    Get a Hummer with a winch. Tow her out of the way.

    5t.
    What if there was no such thing as a rhetorical question?
  • Tilt
    Tilt Posts: 3,599 Forumite
    NAP6W wrote: »
    The Police will not get involved as it is a civil dispute. You can go to court over it but only if she blocks access to your driveway. If it is street parking it is every man for themselves.

    Not if the OP is being prevented from LEAVING his driveway it isn't because he is being denied access to the public highway which is obstruction. The police have the power to remove the offending vehicle.
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • Strider590
    Strider590 Posts: 11,874 Forumite
    Trolley jack, take their car for a walk into the middle of the street, then call the cops :)
    “I may not agree with you, but I will defend to the death your right to make an a** of yourself.”

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  • Lum
    Lum Posts: 6,460 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    If you do take photos of the obstruction, be sure to take it from multiple angles, as a minimum side on showing how close they are, and front/back diagonals showing their number plates.

    If there is room, photos straight into the gap, with number plates visible too would be good.

    If you want to be extra paranoid, use a film camera, and have both the first and the last shot be the side-on overview, then the positions of the photos on the film will demonstrate that the in-between photos were, indeed, taken whilst those two cars were like that.
  • mrcow
    mrcow Posts: 15,170 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    My neighbour does this.

    He did it to me once. So I called the police who sent a car round. The neighbour was NOT happy at all - that's the thing with bullies - they can't take it when you stand up to them.

    He stills blocks people in from time to time, but he NEVER does it to me ;)
    "One day I realised that when you are lying in your grave, it's no good saying, "I was too shy, too frightened."
    Because by then you've blown your chances. That's it."
  • Wig
    Wig Posts: 14,139 Forumite
    edited 8 August 2011 at 7:40PM
    Woody. wrote: »
    Corrected that for you, it's not wilful until they have been asked by the police to move it.

    I believe you are wrong.

    (i) was there an obstruction
    (ii) was the obstruction deliberate?
    (iii) was the obstruction without lawful excuse?
    (iv) in the event of (iii) being answered 'no'......was the activity a reasonable user of the highway?


    If you get three yes answers it adds up to wilful obstruction. The act of deliberately blocking another car in is wilful obstruction, with or without a police request to move. Where you are going wrong, is that on most occasions a police officer will give the benefit of the doubt and ask someone to move on, if they refuse then it becomes deliberate. The police request, however, is not essential, if it can be shown that obstruction was deliberate from the outset. In the OP case the neighbour uses 2 of her cars to box someone in from both sides, thus making it imposible to argue that it was accidental. Even with one car it would be seen as deliberate, because everyone knows to park mm away from another bumper requires deliberate precision.
  • Wig
    Wig Posts: 14,139 Forumite
    NAP6W wrote: »
    The Police will not get involved as it is a civil dispute. You can go to court over it but only if she blocks access to your driveway. If it is street parking it is every man for themselves.
    Not if it is deliberate bumper to bumper parking making leaving impossible. The OP is not talking about driveway blocking.
    Tilt wrote: »
    Not if the OP is being prevented from LEAVING his driveway it isn't because he is being denied access to the public highway which is obstruction. The police have the power to remove the offending vehicle.
    The OP is not talking about driveway blocking anyway.
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