Blocked in by a car, parked on MY drive :@

KierNet

!!!!!! wrote: »

Everything is on private land so doubt police would be interested as it is not even a proper drive. Also by design the rear cars are blocked in so it would not be obstruction as it is by design

landlord could sue for trespass

Doesn't matter if its on private land, you aren't allowed to block access to the highway. Strangely, someone can park in front of my drive to stop me getting on it (no dropped curb), but can't block me getting off it.

nicole.17

KierNet wrote: »

Doesn't matter if its on private land, you aren't allowed to block access to the highway. Strangely, someone can park in front of my drive to stop me getting on it (no dropped curb), but can't block me getting off it.

Very true, your not allowed to obstruct what if there was an emergency? Car is registered to someone 150 miles away, police are coming out now

TrickyWicky

Sounds like the squatters if you ask me.

I'd go have a word with them and politely ask them if its theirs.

fivetide

TrickyWicky wrote: »

Sounds like the squatters if you ask me.

I'd go have a word with them and politely ask them if its theirs.

Camping squatters? Sound like travellers.

chances are they'll have it away even if it isn't theirs. just to do you a favour like....

5t.

System

KierNet wrote: »

Doesn't matter if its on private land, you aren't allowed to block access to the highway. Strangely, someone can park in front of my drive to stop me getting on it (no dropped curb), but can't block me getting off it.

But he is not blocking access, he is on the 'drive'. Not the same thing as blocking the drive access to the highway.

As I said, no obstruction

Cause unnecessary obstruction by motor vehicle - Contrary to regulation 103 of the Road Vehicles (Construction and Use) Regulations 1986, section 42 of the Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988

Regulation 103 of the Road Vehicles (Construction and Use) Regulations 1986 creates the offence of unnecessary obstruction.

103. No person in charge of a motor vehicle or trailer shall cause or permit the vehicle to stand on a road so as to cause any unnecessary obstruction.

The parking area is not classed as a road in this instance.

nicole.17

!!!!!! wrote: »

But he is not blocking access, he is on the 'drive'. Not the same thing as blocking the drive access to the highway.

As I said, no obstruction

The parking area is not classed as a road in this instance.

But, by being on the drive he is blocking access. Doesn't matter where the car is, its still in the way

neilmcl

!!!!!! wrote: »

Everything is on private land so doubt police would be interested as it is not even a proper drive. Also by design the rear cars are blocked in so it would not be obstruction as it is by design

landlord could sue for trespass

Private land or not it's still causing an obstruction onto the public highway.

System

Read reg 103 above. The vehicle needs to be on the road, not just preventing access to the road. It is a trespass at most.and technically only the land owner can take action

hollie.weimeraner

Police only have powers where there is an obstruction in a public place or on a road. A private driveway is not a public place or a road therefore they are not empowered to do anything, hence why landlords employ wheel clamping companies.

The best thing you and your friends/neighbours can do to stop this happening again is to get together and erect an official looking wheel clamping sign in order to deter these people. Alternatively the lockable parking posts are a good idea (especially after someone parks on your drive just lock them in ).

It would be a great shame if the driver returned to discover someone had let the air out of all 4 tyres wouldn't it?

neilmcl

!!!!!! wrote: »

Read reg 103 above. The vehicle needs to be on the road, not just preventing access to the road. It is a trespass at most.and technically only the land owner can take action

You've missed section 137 of the Higways Act 1980, ie, wilful obstruction of the highway.