Some punk keeps parking on my drive

Nessun_Dorma

interstellaflyer wrote: »

But you wouldn't be blocking them in, you'd merely be parking on your own drive, all the other person has to do is knock on the door to ask you to let them out, if you refuse, then that could be another matter, that said I would like to think that if the Police were to be involved they would show a little common sense and have a chat with both parties and try and sort it amicably rather than using the word of law.

Blocking in is blocking in. It doesn't matter whether it is in a private car park, or your front drive.

facade

To commit this offence a person must intend to prevent the owner/driver from moving their vehicle.

Simply parking your own vehicle on your own land so they cannot get out without asking you is fine as the intent was to park your own vehicle safely.

No offence would be committed where a driver was prevented from leaving a car park because the vehicle's exit was blocked by a fixed barrier.

Securing a gate/barrier that was open when they came through it to park (not erecting a fence) is fine as the intent is to secure your property, not immobilise their car, and they can contact you to let them out.

Nessun_Dorma

facade wrote: »

Simply parking your own vehicle on your own land so they cannot get out without asking you is fine as the intent was to park your own vehicle safely.

The act of parking your car, to stop someone from leaving, is a criminal offence, regardless if you then capitulate and allow them to leave; the offence has already occurred.

Securing a gate/barrier that was open when they came through it to park (not erecting a fence) is fine as the intent is to secure your property, not immobilise their car, and they can contact you to let them out.

This is where the law makes the distinction between a private driveway and a car park. Nonetheless, putting up a gate/barrier, is not the same as parking a car in front of another (or erecting a barrier), preventing it from leaving, especially after the car arrives.

If you were to perhaps pose this exact scenario to the parking m4fia, on the parking pages, you will get a similar response.

IamNotAllowedToUseMyName

Nessun_Dorma wrote: »

Oh, come on now, don't be daft.

Oh, I agree it is daft, but when you've had the conversation with the police about such things you find that they really do have problems with people complaining that windscreen wiper blades have been damaged, or even wiper mechanisms, and if you stick something to a windscreen, the fact that it needs physical effort to remove apparently qualifies it as damaging the vehicle.

All I am saying is that for all the cavalier suggestions, the OP needs to be careful to stay squeaky clean to keep the police onside. My take is that the police hate "domestics" so are very reluctant to get drawn in without more solid criminal behaviour.

Nessun_Dorma

IanMSpencer wrote: »

Oh, I agree it is daft, but when you've had the conversation with the police about such things you find that they really do have problems with people complaining that windscreen wiper blades have been damaged, or even wiper mechanisms, and if you stick something to a windscreen, the fact that it needs physical effort to remove apparently qualifies it as damaging the vehicle.

All I am saying is that for all the cavalier suggestions, the OP needs to be careful to stay squeaky clean to keep the police onside. My take is that the police hate "domestics" so are very reluctant to get drawn in without more solid criminal behaviour.

No police officer in their right mind would charge someone with criminal damage if they left a note on someone's windscreen. If they did they would several arrests made on a Saturday, at the local shopping centre, giving the officer two or three hundred charges of criminal damage.

Then they would have to be arrested, then the officer will have think about how he is going to sell it to his sergeant, the CPS would have consider whether charging the suspect is in the public interest (and possibly considering whether the arresting officer needs psychiatric help) and then the District Judge would be faced with someone who has been charged with criminal damage, for leaving a note on someone's windscreen, asking them not to park in their driveway.

At what stage, do you think that the officer, called to the car, might think, "hmm.....I don't see any damage to the car, criminal or otherwise; if I arrest anyone for this non-existent crime, I'll be a laughing stock?"

Gavin83

Nessun_Dorma wrote: »

I would suggest what IanMSpencer recommended. Call the police and report the driver for harassment.

They won't do anything. It's questionable if it's even harassment.

stator

Clearly you need a penguin bollard

dannyrst

Just ring the police and tell them a vehicle is parked on your driveway and you've heard banging around outside your house and you are too afraid to investigate yourself and fear for your families well being. Police will be interested then and turn up, figure out who owns the car and the shock of the situation will stop any normal person from parking there.

Nessun_Dorma

dannyrst wrote: »

Just ring the police and tell them a vehicle is parked on your driveway and you've heard banging around outside your house and you are too afraid to investigate yourself and fear for your families well being. Police will be interested then and turn up, figure out who owns the car and the shock of the situation will stop any normal person from parking there.

Wouldn't that be wasting the time of the police, who could be needed elsewhere, on a real emergency?

almillar

Why should I have to fork out lots of money?

For the same reason people and companies spend money on gates, fences and walls. To mark and protect your land.

If you don't want to spend the money, a note under the windscreen as has been suggested many times (write it now so you're prepared for next time) explaining that it's trespassing on private property, and please stop.