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Advice on what to do about a neighbour blocking my garden gate

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Comments

  • fisherjim
    fisherjim Posts: 7,111 Forumite
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    Make the gate open outwards but unfortunately you won't see his car there when the large bolts holding it together dent is wing.
  • unforeseen
    unforeseen Posts: 7,384 Forumite
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    edited 30 December 2020 at 11:32AM
    I think you will find that you are not allowed to have a gate opening outward onto a public highway because of the obvious risk to both pedestrians and vehicles passing.

    And obviously you would also have a duty of care if you did do it to ensure that no damage or injury is caused to other people or property. I think your home insurance would soon get hacked off at multiple claims as you start damaging vehicles through your carelessness 
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
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    I think you will find that you are not allowed to have a gate opening outward onto a public highway because of the obvious risk to both pedestrians and vehicles passing.

    I thought that too.  IMO it is perfectly reasonable for anyone to park near your door.  
    You never know how far you can go until you go too far.
  • cymruchris
    cymruchris Posts: 5,562 Forumite
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    baza52 said:
    Surely you can block you own access though, if I park there it's not blocked because I'm the only one who needs access and can get access by moving the car, if someone else parks there and then goes out for the day I'm stuffed? But I see what you're saying and the rules obviously don't go in to every possible scenario.
    so is this more about you wanting to claim this space for your own parking?
    That's the essence of it by the sound of it - although the OP probably doesn't realise this is what they're saying. They've said that it's ok for them to block it - but nobody else - on a public highway. So it sounds much like 'How can I ensure that I can always park in this spot?'

    If access is a problem - and it NEEDS to be kept clear - then it SHOULD be kept clear at all times with nobody parked in front of it at any time. You can't have one rule for one, and one rule for another, unless you're friends with Boris Johnson.

    The average person in the street is not going to know that your car is your car, so if you're seen to park there, and then one day you're not, then it's a free for all, and anyone can park there. (Which is currently the case anyway).





  • Umkomaas
    Umkomaas Posts: 43,433 Forumite
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    Could you put your rubbish bin or wheelie bin in front of your gate to stop anyone parking there?
    ....... then go looking for it the next morning?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • baza52 said:
    Surely you can block you own access though, if I park there it's not blocked because I'm the only one who needs access and can get access by moving the car, if someone else parks there and then goes out for the day I'm stuffed? But I see what you're saying and the rules obviously don't go in to every possible scenario.
    so is this more about you wanting to claim this space for your own parking?
    No, I often park far away from my house so that's not what's bothering me, it's more about being able to get my bins out, my bike out etc when I need/want to, without having to go knocking on doors. 
  • cymruchris
    cymruchris Posts: 5,562 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    baza52 said:
    Surely you can block you own access though, if I park there it's not blocked because I'm the only one who needs access and can get access by moving the car, if someone else parks there and then goes out for the day I'm stuffed? But I see what you're saying and the rules obviously don't go in to every possible scenario.
    so is this more about you wanting to claim this space for your own parking?
    No, I often park far away from my house so that's not what's bothering me, it's more about being able to get my bins out, my bike out etc when I need/want to, without having to go knocking on doors. 
    So if that's the case - you might be able to approach the council for some road markings - there could be no harm in trying-  but bear in mind that the rule would be 'nobody parks there - not even you'. You might not get very far in the current climate though - better to think about again in a year when things are hopefully more normal. The polite sign might be the way to go for now though - but if you keep parking there - so will others.
  • Thanks for the advice everyone
  • Half_way
    Half_way Posts: 7,484 Forumite
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    Quick question, looking at the road surface, could the section by the wall be a footway/pavement, all be it unmarked?
    The surface looks a little different
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Half_way said:
    Quick question, looking at the road surface, could the section by the wall be a footway/pavement, all be it unmarked?
    The surface looks a little different
    If it is that may help a little providing the neighbour's parking is obstructing the footway and the police can be motivated to take action. 

    Sadly in most of England (apart from London and certain areas where there are bylaws) it is not an parking offence in itself to park partly on the path. It may be obstruction, plus the driver has committed an offence by driving on the footway. However both need the powers of a constable so are rarely enforced. Also, I think, there is no power to compel the keeper of the vehicle to say who drove it on the footway, so the constable actually needs to see it happen!

    Apart from the above, what standing does the gate have? Just putting a gate in a garden wall / fence doesn't, in itself, mean that nobody can park in front of the gate. If it did I would replace my front fence with a row of gates and nobody would be able to park there at all!
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