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police parking notice...unwise/expensive if I lose, to appeal?

Hi and HELP!!!!!!!!!

I've had a police summons for parking in front of a neighbour's garage.

Actually I would have thought it was anti-social to do this but was advised by the (former) local planning officer that it was what I could and should do. I found this very surprising but actually without comment from the neighbour I have parked there for the last 10 years and for more than 15 years prior to that - when I was beside the former solid stone wall...which I thought it was a crime to demolish.

I wrote to the neighbour - after he, very recently, put up 'no parking' notices on both garages (old and new) which now form a double garage (instead of two singles as per planning but 4 years have passed thus effecting consent) - offering to continue parking only in front of one side of his new double garage..the side previously a wall...due to the difficulty of finding alternative spaces in the street. His reply was to call the police to address the matter and they were enthusuastic about persuing it.

I am still occasionally forced to park in front of one of the garages but no vehicles are coming in and out and as it is a joint garage (and not two singles) he would be able to operate...or he could ask me to move if my car is there. I would have thought I was being anti-social but for council advice to the contrary....and the difficulty to park elsewhere in the street.

The garage is actually intended to be a workshop (tho excluded by a planning condition) for antique cars and his tinkering likely to cause disturbance which worries me.

The dropped curb seems to be an issue which may entitle the police to assist my neighbour?

Do I have a defence?
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Comments

  • Nodding_Donkey
    Nodding_Donkey Posts: 2,738 Forumite
    Ninth Anniversary 1,000 Posts
    edited 7 April 2014 at 3:12PM
    Step away from the rabbit!

    You are not Forced to park anywhere, you just choose to
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    If its a Fixed Penalty Notice, I would advise just to pay it, because the defence is in a Magistrates Court, the cost of losing could increase hugely, and you will lose as your defence will probably be not based on law. You could try www.pepipoo.com as well, but I think you will find the same answer.
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • hello donkey

    many thanks indeed for taking the trouble to reply!

    I wonder if you would be kind enough to translate(!)...Do you mean I have no chance?
  • maninthestreet
    maninthestreet Posts: 16,127 Forumite
    Part of the Furniture
    What made you think it was a crime to demolish a wall?? It maybe if it's not your wall you are demolishing, but not if you own it.
    "You were only supposed to blow the bl**dy doors off!!"
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    Looking at it objectively and obviously not from your point, you seem to be like Long John Silver with a broken ankle here.

    a. You can't park on a street next to a dropped kerb
    b. You are obstructing access to a garage. I know you said he could use the other side, but, frankly, why should he if he has had permission to create a garage and drop the kerb?

    This may not be what you want to read, but based on the facts presented, this is my view of the case in point, although with parking at a premium, I do sympathise.
  • DTDfanBoy
    DTDfanBoy Posts: 1,704 Forumite
    What made you think it was a crime to demolish a wall?? It maybe if it's not your wall you are demolishing, but not if you own it.



    There's plenty of garden walls around my way which would see the owners facing charges if they chose to demolish them :eek:
  • Coupon-mad
    Coupon-mad Posts: 153,217 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I've had a police summons


    What do you mean?!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • spacey2012
    spacey2012 Posts: 5,836 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I would not advise paying anything if you are not guilty of the offence you are reported for.
    That is what courts are for.
    What does this notice claim you have done.
    Be happy...;)
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    spacey2012 wrote: »
    I would not advise paying anything if you are not guilty of the offence you are reported for.
    That is what courts are for.
    What does this notice claim you have done.

    That's okay you saying that when its not your money at stake! What I said stands, if this is a fixed penalty notice, it goes to magistrates court if not paid, there the costs of losing can seriously mount up.

    I would say that the OP should cut his losses and pay up, I don't often say that, but in cases like this where the person doesn't appear to have a leg to stand on in a legal sense, its probably the best option.
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • esmerobbo
    esmerobbo Posts: 4,979 Forumite
    Part of the Furniture 1,000 Posts
    Coupon-mad wrote: »
    What do you mean?!

    Indeed if you have a "summons" you can appeal at court!
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