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Is this illegal parking?

24

Comments

  • societys_child
    societys_child Posts: 7,110
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    stupid thing is she showed us hers and said doesnt show you own the space
    I once had a new neighbour next door who tried the same stupid thing, said his deeds didn't show I owned it
    He was hiding his council van on my land every afternoon, even parking across my garage door, when he should have been working!
    Easy to solve, just told him I'd phone the council to come and move their van if he ever parked it there again. :D
  • FBaby
    FBaby Posts: 18,374
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    No need to be all smug about being right. So they are not very clever. Fine, doesn't make them bad people. They have clearly used this space thinking that they could and for months, it hasn't caused any issue with anyone. Not being able to continue doing so is likely to cause them some inconvenience. It's tough, but a bit of humility about it will go a long way towards good neighbour relationship. You never know, you might need a favour from them some day.
  • Don't know the layout, but would a removable or fold down, locking bollard stop her in her tracks?

    Others are available . . .

    I'd go with showing her your "deeds" proving your space is yours. If she's still awkward - send her a letter (copy kept) and then she can see for sure you're not just venting/you really mean it.

    If she's still at it - then yep....bollard it is...
  • Try and avoid things escalating so you have to declare a neighbour dispute when you sell.

    Invite them round for drinks and comparison of deeds etc. Be nice, smile, although seething inside

    No neighbour dispute to declare.

    Even if a written letter has to be sent by OP - well they'd have moved onto the lockable bollards if that doesnt work. So - would just write "Dispute now resolved. My parking space is now safe" or words to that effect.:)
  • Guest101
    Guest101 Posts: 15,764 Forumite
    m0bov wrote: »
    Just pop a note thru the door with a copy of the deeds and saying the car is subject to a £50 daily charge and/or tow away. Might put them off!



    Someone reported my reply to this, so I thought I'd better clarify.


    I don't believe either of these options a legally possible. Only the state can allow the towing of a car - so Police, council, or with a court order.


    the £50 charge would be difficult to enforce as it's either a claim for trespass (so you need to prove the £50 was a loss) or a contractual term, which requires acceptance. (check out the motoring board)


    Apologies for anyone offended by my initial reply.
  • hazyjo
    hazyjo Posts: 15,476
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    Guest101 wrote: »
    Someone reported my reply to this, so I thought I'd better clarify.
    :eek:


    Is it away from the house then? You could always paint a door number on the ground, or add a sign saying 'Private Parking' or something. I'm (hopefully) buying a house with a driveway and am expecting the occasional person to block me in as the area's very busy. I'm already debating the bollard option!


    Our council has a 'tow-away' number and they're apparently very quick at getting round and towing. You might have a similar hotline...


    Let us know how you get on!
    2024 wins: *must start comping again!*
  • eddddy
    eddddy Posts: 18,786
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    Guest101 wrote: »
    ... a contractual term, which requires acceptance. (check out the motoring board)

    I didn't report your post, but to clarify...

    If you tell somebody that you charge £50 for parking on your land - and they then park on it, that is implied acceptance.

    The same as if a cafe owner tells you that fish and chips cost £5, or a sign says fish and chips cost £5 - and you then order fish and chips, that is implied acceptance.


    The issues raised on the parking board include:
    1. The £50 charge was written on a sign. The person that parked didn't see the sign, so could not accept those terms

    2. It's not clear who the person is that parked the car. So it's not clear who owes the £50.

    3. The person charging the £50 doesn't own the land, so has no right to charge people for parking on it.

    4. The £50 is described as a penalty instead of a price, which makes it illegal.


    The OP would have the same challenge with point 2.

    But it's probably not a good way of building up good neighbourly relations anyway.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    hazyjo wrote: »
    :eek:


    Is it away from the house then? You could always paint a door number on the ground, or add a sign saying 'Private Parking' or something. I'm (hopefully) buying a house with a driveway and am expecting the occasional person to block me in as the area's very busy. I'm already debating the bollard option! - Sorry im not the OP, but from my reading yes it's separate to the house. I've had similar spaces in the past. If you are blocked in the police / council will remove the vehicle, but they wont if you are blocked out.


    Our council has a 'tow-away' number and they're apparently very quick at getting round and towing. You might have a similar hotline... - there are only limited legal opportunities for the council to remove vehicles. trespass isn't one of them


    Let us know how you get on!
    Just to clarify im not the OP
  • hazyjo
    hazyjo Posts: 15,476
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    Guest101 wrote: »
    Just to clarify im not the OP
    I know :) The shock was re someone reporting! Should've put a "***********" after my first line.
    2024 wins: *must start comping again!*
  • Guest101
    Guest101 Posts: 15,764 Forumite
    hazyjo wrote: »
    I know :) The shock was re someone reporting! Should've put a "***********" after my first line.
    Ah yes I see, yes I was surprised too, but if someone was offended I apologise :)
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