Neighbours blocking shared Access-way - no dropped Kerb

ChumLee

bazster wrote: »

Simply as an interpretation of English that is nonsense, but anyway the exact wording of the Act is as follows:

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.

So to commit an offence you have to intend to prevent the vehicle's removal. If your intention is merely to park where you are entitled to park then there is no offence.

So you must move your vehicle when asked to do so?

bazster

ChumLee wrote: »

So you must move your vehicle when asked to do so?

No. What makes you think that?

ChumLee

bazster wrote: »

No. What makes you think that?

Because when asked "please move your car as your blocking access to the road", that becomes wilful obstruction if you refuse. So you now have your intent.

facade

ChumLee wrote: »

Because when asked "please move your car as your blocking access to the road", that becomes wilful obstruction if you refuse. So you now have your intent.

Only if you point blank refuse surely?

You could be intoxicated, and couldn't therefore move your car, but could give a reasonable time that you would do so- tomorrow.

You could be in the middle of painting something and couldn't spare the time, but could give a reasonable time when you would- an hour.

You could have lost the keys and will move it as soon as you find them, or your wife has them in her purse and is at work.

All are reasonable, none are willful.

If you park your car on a carpark, and the carpark closes from 10pm to 8am, your car gets locked in. They won't come and let it out until 8am, but they didn't lock up with the intent of blocking you in, merely securing the carpark for the night, so tough.

sithmaster

this is properly illegal so its up to you if you do it

however a good idea would be when there is a car there and you know it will be there for some time put a bollard that has the ability to collapse on your side of the space and lock it they will have to be calling you to get it removed I'm sure they will get the message

makara

facade wrote: »

If you park your car on a carpark, and the carpark closes from 10pm to 8am, your car gets locked in. They won't come and let it out until 8am, but they didn't lock up with the intent of blocking you in, merely securing the carpark for the night, so tough.

Excellent point.

ChumLee

facade wrote: »

Only if you point blank refuse surely?

You could be intoxicated, and couldn't therefore move your car, but could give a reasonable time that you would do so- tomorrow.

You could be in the middle of painting something and couldn't spare the time, but could give a reasonable time when you would- an hour.

You could have lost the keys and will move it as soon as you find them, or your wife has them in her purse and is at work.

All are reasonable, none are willful.

If you park your car on a carpark, and the carpark closes from 10pm to 8am, your car gets locked in. They won't come and let it out until 8am, but they didn't lock up with the intent of blocking you in, merely securing the carpark for the night, so tough.

Ok then we'll come one step down to unnecessary obstruction. Once booked for that you will be told to move, refusal becomes wilful. You could then face arrest and removal of the vehicle.

Trebor16

ChumLee wrote: »

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

The car is not on a driveway, there is no dropped curve to allow access, so it is the problem of the driver who drove over the pavement to get to that point. In other words, tough luck!

Trebor16

ChumLee wrote: »

Because when asked "please move your car as your blocking access to the road", that becomes wilful obstruction if you refuse. So you now have your intent.

That would be the case if the car was parked on a proper driveway, but if someone takes a chance and puts there car where it shouldn't be, and then complains about obstruction, they are on a sticky wicket. It wouldn't be wilful obstruction. A council CEO wouldn't issue a ticket for parking in front of a driveway in such circumstances.

ChumLee

Trebor16 wrote: »

The car is not on a driveway, there is no dropped curve to allow access, so it is the problem of the driver who drove over the pavement to get to that point. In other words, tough luck!

Can yo back that up with any legislation?