people parking on our back garden

Clive_Woody

If you know where she works I would barge in there and ask that she remove her car as it is parked on your property without permission. Repeat every time and ask to speak with their manager.

photome

tescofan wrote: »

well well well. I am not at home right now and the idiot has threatened to call the police- I told her to wait an hour!

Thats brilliant, make her wait 2 hours.

silverwhistle

!!!!!! wrote: »

I suggest you read POFA. (para 54). You are still intentionally preventing them removing the car. The sign you put up means nothing, however the fact that there is a car there prevents you putting a skip or anything else to block the entrance.

I indeed haven't read POFA, nor can I be **sed to do so, but I'm sure the lawyers could have fun over "intentionally preventing", if that is indeed the wording.. I'd also suggest that a person in that position would be highly unlikely to take such steps unless they had unlimited funds, and a very inflated sense of righteousness.

silverwhistle

tescofan wrote: »

well well well. I am not at home right now and the idiot has threatened to call the police- I told her to wait an hour!

Wander round with a few of your friends when you move the car... or perhaps take a few pointed photographs of the driver and their car. You could also point out that if there was an unfortunate parking scrape - maybe from one of your visitors - they wouldn't be covered by their insurance..

System

silverwhistle wrote: »

I indeed haven't read POFA, nor can I be **sed to do so, but I'm sure the lawyers could have fun over "intentionally preventing", if that is indeed the wording.. I'd also suggest that a person in that position would be highly unlikely to take such steps unless they had unlimited funds, and a very inflated sense of righteousness.

They don't need to, its a criminal offence so will be dealt by the police and CPS free of charge

topdaddy_2

tescofan wrote: »

well well well. I am not at home right now and the idiot has threatened to call the police- I told her to wait an hour!

Id tell em im not coming then. Wouldnt want get in trouble with the plod would I. Tell them you are embracing a life on the run and will never return.

System

adouglasmhor wrote: »

Doesn't apply.

Are you sure? I'm not talking about Schedule 4

atrixblue.-MFR-.

jamesmorgan wrote: »

If you sue them for trespass, the two possible outcomes are:

a) An injunction - to prevent further trespass
or b) Compensation - to cover any damage done

You can't profit from a trespass offence. If there is no damage done, then the best you can hope for is an injunction. This is why private parking companies go out of their way to avoid appearing as if the charge is compensation for trespass - the charges are always in lieu of parking charges.

The only really effective remedy is barriers to prevent trespass onto your land in the first place,

If the person that is using the land to park on and has had pre warning not to park there is guilty of aggravated trespass, if they would like to call police to assist them OP has to say they have been warned not to trespass here, the officer shall then warn again and if the offender returns willfully and intentionally to trespass (i.e park there) withing three months of such police caution, they can be arrested and prosecuted.


NICE little point there for you OP.

System

adouglasmhor wrote: »

Doesn't apply.

Are you sure? I'm not talking about Section 4

Part 3 section 2 para 54

Offence of immobilising etc. vehicles

(1)A person commits an offence who, without lawful authority—

(a)immobilises a motor vehicle by the attachment to the vehicle, or a part of it, of an immobilising device, or

(b)moves, or restricts the movement of, such a vehicle by any means,

intending to prevent or inhibit the removal of the vehicle by a person otherwise entitled to remove it.

Even the police agree that it is a criminal offence https://www.askthe.police.uk/content/Q528.htm

tescofan

moved my car out of the way - an hour and a half later. She did indeed call the police, they called me and when I explained the situation, they just advised me to move my car out this instance and sort it out with them..... so I took my own sweet time walking home. needless to say, she was incensed. I said I will not be moving for her if this happens again.

had a chat with the landlord and they'll come and see what they can do tomorrow. they're pretty useless so not optimistic about the parking pole but hopefully todays inconvenience will be enough to deter this idiot from parking here again. thanks all