Neighbor breaching restrictive covenant

Norman_Castle

maisie_cat wrote: »

There are thousands of childminders in this country providing a necessary service for working families. If there was a problem caused by running such a business I think we'd know about it by now.

Its irrelevant that its a childminding business. Its a parking problem caused by customers to a business in a residential property.

unforeseen

sheramber wrote: »

I used to attend a class in a community centre with a small number of parking places for those using the centre.

Someone attending the squash courts near the centre took to parking in the community centre carpark rather than drive round the block to park in the squash centre's car park.

This meant that there was not enough space for those attending the community centre.

When requests not to park there , pointing out it was community centre users, were ignored our trainer parked behind the offending vehicle, preventing him getting out.

When he called to ask her to move her car she replied she was busy ( true as she was training us) at the moment but would come out when she was free. After 10 minutes she went out to move her car.

He didn't park there again.

nothing like a criminal act to sort a situation out

Davesnave

unforeseen wrote: »

nothing like a criminal act to sort a situation out

Are you sure inconsiderate parking is covered by criminal law?

I thought parking offences were decriminalised ages ago.

sheramber

unforeseen wrote: »

nothing like a criminal act to sort a situation out

As this was not on a public road but in a council carpark I donl' think the police would be interested.

When my sister could not access her drive or get out because of football fans parking across her entrance the police did nothing.

LeedsGirl94

We don't pay a service charge to anyone, it was a new build estate some decades ago so everyone owns their house entirely. The covenant does explicitly prohibit use of the home for operation of a business so she is definitely in breach!

glasgowdan

LeedsGirl94 wrote: »

We don't pay a service charge to anyone, it was a new build estate some decades ago so everyone owns their house entirely. The covenant does explicitly prohibit use of the home for operation of a business so she is definitely in breach!

I'd wager there are also covenants about building fences, porches, sheds, parking vans and fitting satellite dishes that almost everyone is breaching.

NeilCr

LeedsGirl94 wrote: »

We don't pay a service charge to anyone, it was a new build estate some decades ago so everyone owns their house entirely. The covenant does explicitly prohibit use of the home for operation of a business so she is definitely in breach!

Thanks

It doesn't sound like the same as my estate so I am not sure I can help that much going forward.

I guess my best bet would be to see if you can get the neighbours together as a group. If there are a number of you who agree about the parking problems then a joint approach - citing the covenant - may carry some weight

Good luck. I know what a pain in the butt parking issues can be

FBaby

I used many years ago a childminder for a few months in a residential area where there was little option for parking right in front without blocking her drive.

The first day I went to visit her to talk about her services, she mentioned parking. She said that she herself parked further up so that parents could use her drive during picking up time, however, if the drive was already taken, that in no circumstances could we block any neighbours. She said it all very pleasantly and I took from it that she was a considerate person and it made feel positive about using her services.

It happened once when I was in a massive hurry and end up blocking the neighbour if they were to come home at that time. She told me not to worry and asked her son to go outside and check if the neighbour was back so that I could go right out if so (or at least apologise and explained I was just on my way out). It didn't happen.

I would be furious if I was regularly indisposed by my neighbour's business, especially coming home from work, and even more so if said neighbour didn't see it as a matter for her to deal with her clients. As a parent, I certainly wouldn't want a childminder with such an attitude, but then again, it sounds like the parents are just as bad! Sad case of our growing selfish society.

unforeseen

Davesnave wrote: »

Are you sure inconsiderate parking is covered by criminal law?

I thought parking offences were decriminalised ages ago.

POFA par3 chapter 2 para 54. If you block somebody on private land preventing them moving their vehicle

kinger101

unforeseen wrote: »

POFA par3 chapter 2 para 54. If you block somebody on private land preventing them moving their vehicle

Not quite. There needs to be an intention to immobilize the vehicle when doing this. So carelessly parking in a way which merely blocks someones drive while dropping someone off would fall within this.

The law was drafted with clamping in mind.

(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.