Neighbours blocking shared Access-way - no dropped Kerb

Trebor16

stator wrote: »

Not sure what that has to do with anything.

Does the law preventing clamping and blocking only mention legally sited driveways? I believe it applies to almost all private land.

If it's not a driveway, and the only way to get up to this shared access is to drive over the kerb, then if you park in front of the shared access you are not blocking a driveway.

ChumLee

Trebor16 wrote: »

If it's not a driveway, and the only way to get up to this shared access is to drive over the kerb, then if you park in front of the shared access you are not blocking a driveway.

But if a cars already on there you are blocking access to the road.

bouicca21

But the only way to gain access to the road is by committing an offence.

ChumLee

bouicca21 wrote: »

But the only way to gain access to the road is by committing an offence.

Section 145 of the Highway Code states


145
You MUST NOT drive on or over a pavement, footpath or bridleway except to gain lawful access to property, or in the case of an emergency.
Laws HA 1835 sect 72 & RTA 1988 sect 34

But nothing about rejoining the road.

stator

It really doesn't matter if it's legal to cross the pavement or not. What matters is whether it's legal to block them in, it isn't. Two wrongs don't make a right!

bazster

Immobilising a vehicle is only unlawful under PoFA 2012 if it's done with the intention of preventing its removal. If, as the OP states, there is a marked parking bay on the road then anyone parking in it could plausibly argue that they were simply parking on the public highway as they were perfectly entitled to do. The vehicle getting blocked in was merely collateral damage.

Stoke

Yeah, I'd start parking in front of their car. I'm sure they'd soon start getting wound up. If they damage your car, start damaging theres. Right now, that's how I feel after the nightmare I've been having. Council won't help. Neighbours are unpleasant. !!!! it. Take matters into your own hands imo.

TeamPlum

Seems to me you have a few options.

1) Block them in parking over the access way. If you're scared about them damaging your car, install CCTV.

2) Buy something big from a builders merchant - bags of sand, paving slabs - and leave them against your side of the alleyway.

3) Build a fence.

makara

bazster wrote: »

Immobilising a vehicle is only unlawful under PoFA 2012 if it's done with the intention of preventing its removal. If, as the OP states, there is a marked parking bay on the road then anyone parking in it could plausibly argue that they were simply parking on the public highway as they were perfectly entitled to do. The vehicle getting blocked in was merely collateral damage.

A good point - when these morons first moved in, and promptly parked their car in the Access-way, telling us they were going abroad for 2 weeks (but actually went for 5 months), some of our other Neighbours (not associated with the Access-way) eventually started parking outside our Access-way (when there were no other spaces available) - regardless of a car being in there.

makara

Stoke wrote: »

Yeah, I'd start parking in front of their car. I'm sure they'd soon start getting wound up. If they damage your car, start damaging theres. Right now, that's how I feel after the nightmare I've been having. Council won't help. Neighbours are unpleasant. !!!! it. Take matters into your own hands imo.

Sounds like your council are as brilliant as mine...


As I did recently, have you tried the Councillor/s and/or Police route?