Parking on private road

woodd1985

We currently live in a property with a private road at the back that leads to the parking and garages of 4 homes and is access for another. In our deeds it says us and 3 other houses own this road.
Now a house from the street behind ours has started to park their car on this private road although they do not own it. It makes it very difficult for us to manoeuvre our vehicle to get out. Also, it is private land.
My husband spoke to her and she said that she did not park her car in her drive as she wanted to see her borders. 
Her house had also had some work done to an outbuilding which was converted to a garage before she purchased it which she could park her car in.
What do we do next? Any ideas?

Chandler85

Depends if the road is classed as a public highway, if it is (it doesn't matter who has to pay to maintain it) then there is nothing you can do to stop someone else parking on it.

Most private roads are classed as a public highway, so the owners can't stop people parking there no matter how many signs they put up.  It can be an issue people really get worked up over.

greatcrested

Chandler85 said:

...

Most private roads are classed as a public highway, so the owners can't stop people parking there no matter how many signs they put up.  I....

Not sure where you get that idea from. I've no figures but I'd guess most private roads are not classed as public highway. My house has a driveway (which I own) leading to my garage  It is not 'public highway'. Nor (I suspect) is this.

Having said that it is hard to enforce against people who have no right of access or parking rights. It's a civil trespass matter. You could enforce through the courts. If the neighbour continued to park there following a judge's order to desist, that would be Contempt of Court (criminal).

In the old days, you could clamp or remove the car, but leglislation has made that very difficult as private parking companies working for land owners were taking the p*ss.Not sure hat the current rules are- maybe post on the car/motoring forum?

Or use duckduckgo..... eg

https://www.gov.uk/government/publications/guidance-on-section-56-and-schedule-4-of-the-protection-of-freedoms-act-2012-recovery-of-unpaid-parking-charges

Martin_the_Unjust

Get together with the others that have responsibility for the road and put some gates up, no need to lock them all the time, just put a sign up saying that they will be.

Of course if your sign is ignored...............

davidmcn

You can in theory ticket it (if you have appropriate signage warning that's going to happen), though might be more practical to install something which prevents access to anyone who isn't a keyholder. Or just be awkward to her until she sees sense e.g. block her in with your own car.

greatcrested

https://www.youtube.com/watch?v=EpOLiHXVMi0

AdrianC

If the land in question is not a public highway, then there really are only two measures available...
1. Employ private parking enforcement, with all appropriate signage, and issue "penalty charge" invoices.
2. Physically restrict access.

That's it. Clamping and towing are illegal.

anselld

greatcrested said:

.. and of course ...
https://www.youtube.com/watch?v=i_Cw0QJU8ro

eddddy

Assuming you own a section of the road, and since you know who the 'parker' is, you can give her a copy of the contractual terms and conditions for parking in your section of the road.

Those terms and conditions might include that the charge for parking is £200 per day (or part thereof). If she then parks in your road, she is entering into a implied contractual agreement with you to pay you £200.  If she doesn't pay, you could sue her in court.

That assumes that you observe her parking the car.  If somebody else parks the car, they might not be aware of the contractual terms. So you would have to give them a copy of the t&cs as well - or perhaps clearly display the t&cs on a sign.
 

bouicca21

Before doing anything it might be a good idea to download her deeds As well as checking your own to see just what rights you all have.  I’m assuming OP is correct that this is private property, but in my area there are a number of unadopted roads that the residents think are private but which are actually public highways, so it is a possibility.

greatcrested

bouicca21 said:

Before doing anything it might be a good idea to download her deeds As well as checking your own to see just what rights you all have.  I’m assuming OP is correct that this is private property, but in my area there are a number of unadopted roads that the residents think are private but which are actually public highways, so it is a possibility.

Indeed. Despite what I said earlier  that "most private roads are not classed as public highway" no action should be taken without first checking the precise facts.

It might be public hghway. And even if not, this neighbour might have a right to use the road.