Nightmare Neighbour parking dispute

user1977

Marija_1 said:

gingercordial said:

Marija_1 said:

Tokmon said:

Marija_1 said:

Our houses are situated opposite a peculiar hazardous multi road junction, effectively used by other drivers as a roundabout, and my house is situated lower down. Whilst his unnecessary encroachment is annoying, it not only hinders my visibility further when entering onto the highway, but prevents me being able to use my (£7k) driveway for its intended purpose due to the hazard – i.e. to drive in, u-turn and be able to exit out again without having to reverse out and get smashed into.

Why would you want to waste time turning around on your driveway when you can simply reverse onto it and then drive out? 
This should be the standard way anyone parks on a driveway anyway.

Hi Marvel1 & Tokmon - the answer as to why I prefer not to reverse in is due to the high risk reason I stated: our houses are situated "opposite a peculiar hazardous multi-road junction..."
Your suggestion may apply to an average driveway situation, but we have a grassed triangular junction with no road markings on a sloping hill with my property being lower down than the neighbours, it has three blind bends round which vehicles drive at speed, and the junction's also used as a roundabout. 
It may be physically possible to reverse into the driveway, but it is extremely risky. 
To mitigate the risk the simplest solution was to extend my driveway to enable me to enter, manoeuvre, and drive out safely. I previously stated 'U-turn', but 3-point turn would be more accurate.

Even if we leave the hazardous location aside, as a property owner I thought I had the right to utilise and access my own driveway  without interference from an obnoxious neighbour who unnecessarily parks his vehicle causing an obstruction when he has ample space both on his own property, and in front of his own property. It transpires I may be wrong and who ultimately determines how one accesses, uses, parks or exits from one's driveway is not the actual property owner or resident, but someone else if they choose to interfere. 

I'm struggling to visualise how your neighbour's parking stops you doing what you need to do.  If you had room before this to drive on, do a three point turn within the confines of your (extended) drive, then drive off again, why does him partially overhanging your dropped kerb stop that?  Or did you still need to encroach onto the pavement/edge of the road in order to complete the turn manoeuvre?

Maybe a photo or diagram would help.

But as to your question: if you still have room to exit via some of your dropped kerb, ie he has not completely blocked your exit to the highway, the police will not get involved.  Trying any kind of court action will just be a waste of money I'm afraid.

I don't think there's anything left unclear now - I ideally wished to enter and exit my driveway via one entrance and exit via another due to the hazard location.

To be fair, nothing in your OP suggests you've got two entrances, which may explain why some people have been confused.

Marija_1

Fair comment user1977 - apologies if my failure to mention it caused other posters confusion (although I don't feel this caused others to make unsubstantiated assertions about the nature of the risk on the road outside my property...)
The overall issue's fairly complex - and been immensely stressful - and I was trying to simplify it as best as possible. 

DayDreamerandGeneralWaster

Right. Well rhe neighbour is operating a business from their property so they need to have the appropriate permission. They cannot create a nuisance noise from commercial activities at a private residence. 

Forget the parking, speak to the local authority about the nuisance he is causing and be clear it is due to him running a business. I bet his mortgage company doesn't know he is using it as a business premises as well. 

[Deleted User]

Guessing this guy is an old-timer who doesn't have a mortgage...

teachfast

Just be more difficult than him. It's how this world works and a basic law of life. Out bully the bully.

Tokmon

Marija_1 said:

Hi RAS:

 I don't think there's anything left unclear now - I ideally wished to enter and exit my driveway via one entrance and exit via another due to the hazard location. I can't do this as a neighbour effectively blocks one of the entrances preventing me from doing what I intended. That has left me restricted in only being able to drive (or reverse) into my driveway and exit via the same entrance, or park behind his vehicle on the pavement/street. It seems I can't do anything about it legally, so this won't form part of any nuisance complaint I may make against the neighbour for other issues I've experienced from him and I'll have to consider alternative options as discussed.

Thanks again for all your opinions on this, really appreciate it. 

So after all that fuss you made above about how it was far too dangerous to reverse in and drive out it actually turns out that's exactly what you are doing (or doing the even more dangerous drive in and reverse out)... 

Jeepers_Creepers

What is the point of Tokmon.

Marija, I think it's pretty clear your neighb knows exactly what they are doing, and that is why they are doing it. It's what they are - yobs, thugs, morons. Distorted view of their own entitlement, and a complete disregard for others. It's a personality disorder, and I doubt they can change. They can only be forced to behave.

I think all you can do, then, is challenge it under all the powers available to you; legal (if you can), police and the council. Once you start, you run with it - you don't avoid them. You meet their eyes. You explain their behaviour is pathetic and unacceptable. Don't you become rude or offensive, tho', and stay calm. If they react badly, that is good - more ammo to you.

So, as said by others, get CCTV cameras set up. You can do this (I believe) covertly or overtly, the former justified by the genuine risk you feel you are under, coupled with their past behaviour. If you have to approach them, or they do you, have your phone+camera on record. Again, up to you whether you make it obvious.

If you haven't yet engaged the local Bobby, then I think it's worth doing so now. Describe EVERYTHING that has been going on, and the fact the previous occupant of your house was forced to leave because of this. A number of the examples you mentioned before do amount to criminal trespass and damage. Did you report any of these things at the time? If not, that's a shame. Harassment was/is also almost certainly involved. As is 'nuisance'. These are not trivial issues - they make people's lives thoroughly miserable. Explain to the Bobby that you have decided to tackle the issues now, so you anticipate an unpleasant response/retaliation from them - the police should now be on notice about this. I would hope/expect the local Bobby would be sympathetic, and would actively encourage you to contact them immediately (our Bobby was great when we had an issue with an a'ole neighb over a decade ago - they were told to 'cease and desist'.)

Also speak to your local councillor, and ask what powers and help the council can offer if called on. Again explain everything that has happened, and that you now intend to tackle it, so would like to know what they can and cannot do to help.

And do you have LP on your house insurance? Cool - call them up for advice too.

Then - go for it. Report everything that can be reported (eg breaches of covenants re operating a business that causes a nuisance). Report ANYTHING and EVERYTHING they say or do in response that is remotely unacceptable. If they cuss, call the police. If you feel any sense of even implied threat, call the police. Be tolerant of nothing; any encroachment into your garden (if these slabs are still poking across the boundary, I think I'd give them written demand to remove them within a week, or you will remove any part that is trespassing over your land. Then do so with a club hammer and bolster. Any damage they cause to your decking, you give them a week to compensate or sort it, or else you'll get a person in to do so and then sue them for the cost using MoneyClaim.org. All written, all recorded, all watertight.

Meanwhile, you just look at them and say "What did you expect?" Don't get drawn in to any argument. Smile and walk away when you want to.

These are your choices: (a) tackle it, eg as above, (b) do nothing and live with it (until it completely escalates beyond toleration), or (c) move.

Lavendyr

Jeepers_Creepers said:

What is the point of Tokmon.

Marija, I think it's pretty clear your neighb knows exactly what they are doing, and that is why they are doing it. It's what they are - yobs, thugs, morons. Distorted view of their own entitlement, and a complete disregard for others. It's a personality disorder, and I doubt they can change. They can only be forced to behave.

I think all you can do, then, is challenge it under all the powers available to you; legal (if you can), police and the council. Once you start, you run with it - you don't avoid them. You meet their eyes. You explain their behaviour is pathetic and unacceptable. Don't you become rude or offensive, tho', and stay calm. If they react badly, that is good - more ammo to you.

So, as said by others, get CCTV cameras set up. You can do this (I believe) covertly or overtly, the former justified by the genuine risk you feel you are under, coupled with their past behaviour. If you have to approach them, or they do you, have your phone+camera on record. Again, up to you whether you make it obvious.

If you haven't yet engaged the local Bobby, then I think it's worth doing so now. Describe EVERYTHING that has been going on, and the fact the previous occupant of your house was forced to leave because of this. A number of the examples you mentioned before do amount to criminal trespass and damage. Did you report any of these things at the time? If not, that's a shame. Harassment was/is also almost certainly involved. As is 'nuisance'. These are not trivial issues - they make people's lives thoroughly miserable. Explain to the Bobby that you have decided to tackle the issues now, so you anticipate an unpleasant response/retaliation from them - the police should now be on notice about this. I would hope/expect the local Bobby would be sympathetic, and would actively encourage you to contact them immediately (our Bobby was great when we had an issue with an a'ole neighb over a decade ago - they were told to 'cease and desist'.)

Also speak to your local councillor, and ask what powers and help the council can offer if called on. Again explain everything that has happened, and that you now intend to tackle it, so would like to know what they can and cannot do to help.

And do you have LP on your house insurance? Cool - call them up for advice too.

Then - go for it. Report everything that can be reported (eg breaches of covenants re operating a business that causes a nuisance). Report ANYTHING and EVERYTHING they say or do in response that is remotely unacceptable. If they cuss, call the police. If you feel any sense of even implied threat, call the police. Be tolerant of nothing; any encroachment into your garden (if these slabs are still poking across the boundary, I think I'd give them written demand to remove them within a week, or you will remove any part that is trespassing over your land. Then do so with a club hammer and bolster. Any damage they cause to your decking, you give them a week to compensate or sort it, or else you'll get a person in to do so and then sue them for the cost using MoneyClaim.org. All written, all recorded, all watertight.

Meanwhile, you just look at them and say "What did you expect?" Don't get drawn in to any argument. Smile and walk away when you want to.

These are your choices: (a) tackle it, eg as above, (b) do nothing and live with it (until it completely escalates beyond toleration), or (c) move.

This in spades. All of it. Sorry for your difficult situation, OP.

Marija_1

DayDreamerandGeneralWaster said:

Right. Well rhe neighbour is operating a business from their property so they need to have the appropriate permission. They cannot create a nuisance noise from commercial activities at a private residence. 

Forget the parking, speak to the local authority about the nuisance he is causing and be clear it is due to him running a business. I bet his mortgage company doesn't know he is using it as a business premises as well. 

Hi, I made enquiries with the council and nobody has a clue who would deal with it. In the end I sent email enquiries to their legal department who never responded. Someone at the council I did speak with said they suspect the difficulty would be proving that he's actually operating as a business. As mentioned earlier, he mainly does his own cars up in an obsessive predictable rotating cycle. Whilst I believe he has some form of commercial motor policy, I've only seen him work on one other neighbour's car. 
The latter is now off his driveway, which is now empty, and his own vehicles are parked in front of his house with a significant gap between them resulting in the encroachment over to my side obstructing one of my entrances/exits. It's as if he deliberately places them there on display for passers by to admire, rather than for the purpose of sale. 

Marija_1

Poster_586329 said:

Guessing this guy is an old-timer who doesn't have a mortgage...

Spot on! He arrogantly commented to another neighbour when they complained to him that he was mortgage free and can do what he likes.