people parking on our back garden

onomatopoeia99

Perhaps what we need is a law that allows vehicles parked on private land without permission to be clamped and a release fee charged, to provide a simple way to stop abuses like this.

System

The fly in the ointment is that the OP is not in a position to claim trespass in the first place.

From what has been written, the back garden appears to be communal. In this situation it is not marked on the lease as being owned by the leaseholder but still owned by the freholder with rights for the leaseholder to use.

As only an owner can claim trespass then all the OP can do is complain to the freeholder and request their action.

This is no different to somebody who has a ROW over land trying to stop somebody who doesn't.

System

onomatopoeia99 wrote: »

Perhaps what we need is a law that allows vehicles parked on private land without permission to be clamped and a release fee charged, to provide a simple way to stop abuses like this.

Since there is no smiley then I'm not sure whether that was a t-i-c comment or not.

That used to be the law but it was grossly abused so was changed as part of the Protection of Freedom Act

System

photome wrote: »

If the Op has told them its his garden and the that he has to come back and move his car, wouldnt that be enough to indicate that he has been disrupted.

I think you are just making it awkward for the OP

Or are you saying anyone could park on my driveway and the law wuld be on their side

No, the law is making it awkward not me.

tescofan

well obviously I am not going to claim trespass etc etc but people should be more considerate - something sorely lacking nowadays- something I see working in the NHS... and having to "battle" for MY OWN parking lot even when I reach home

tescofan

ironic as well as I suspect they work for the CMHT's nearby

davetrousers

atrixblue.-MFR-. wrote: »

plus a full respray could set you back £2000k on some cars even more.

Wow I'd love to see a car that had had a £2 million respray!

Strider590

onomatopoeia99 wrote: »

Perhaps what we need is a law that allows vehicles parked on private land without permission to be clamped and a release fee charged, to provide a simple way to stop abuses like this.

There once was a council run carpark in Stourport on severn, the land next to it belonged to a local business and was completely disused, the land owner took down the boundaries between his land and the council carpark, put down a fresh gravel surface, put up some tiny warning signs behind a tree and started clamping people who parked on his land. Charging £100 per car and every day there would be 10-15 cars clamped, this number increased massively in the summer when all the Brummies piled into town. In the end he closed his shop and relied solely on the income from his scam carpark.

THIS is why we really don't want such a law.......

Aretnap

photome wrote: »

If the Op has told them its his garden and the that he has to come back and move his car, wouldnt that be enough to indicate that he has been disrupted.

The fact that it causes disruption isn't enough. There must be intent to disrupt - ie you must be trespassing with the purpose of disrupting lawful activity. If you trespass with the purpose of parking your car somewhere you don't commit aggravated trespass, even if you cause disruption in the process. And even if you happen to know that it might cause disruption, so long as that's not your motivation for doing it. The law is aimed at hunt saboteurs, motorway protesters etc, not people who park like knobs.

Or are you saying anyone could park on my driveway and the law wuld be on their side

No - they'd be trespassing so the law wouldn't be on their side (though it can make enforcing your rights a bit of a PITA). However they wouldn't be committing the offence of aggravated trespass, and wishing that they were won't make it so.

mattyprice4004

Why on earth was she annoyed? It's your space!
Did she say she won't park there again?