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Blocking car on private land - criminal offence?
ilikewatch2
Posts: 152 Forumite
I own a small piece of land just big enough to park two vehicles one in front of the other, it was originally a drive leading to a garage behind my house (access from the public road via a dropped kerb), but the garage is no longer there and there is just a fence across the end between the drive and my back garden. Usually I park a van (which is rarely used/moved) at the back next to the fence and park my car (used daily) in front of it next to the public road.
On Friday neither of my vehicles was parked there, and when I returned from work there was a car I didn't recognise parked in the space where my van usually is - I knocked on a couple of neighbours doors, but no-one knew whose it was. With nowhere else to park I parked my car in its usual place which effectively blocked the other car in - I left a note on the windscreen with my address in case they needed to get their car out.
On Saturday when I left for work I noticed that my note was no longer on the other cars windscreen - when I got back on Saturday night the other car had gone and I didn't think any more about it.
Early this morning I answered a knock at the door and there was a policeman who said he wanted to ask me a few questions about it - he said that they had received a complaint from a member of the public that I had illegally blocked in a vehicle parked on private land (including a number of photographs) - I told him my version of events as above, though he did comment that the photo's (taken at night) clearly showed the other cars windscreen and he didn't recall them showing my note.
The policeman seemed fairly happy with my explanation, and said that I probably wouldn't hear any more about it. However, whilst I wasn't cautioned or arrested he did reinforce that I should bear in mind that I may have committed a criminal offence under some legislation introduced in 2012.
My question is whether this really is a criminal offence? By leaving a note with my details and enquiring with the neighbours surely this shows that I had my intention wasn't to deprive other cars driver of the use of their vehicle. Also, if this is a criminal offence is there any likelihood I would be prosecuted? I assume the police and courts probably have better things to do with their time, but you never know... I would automatically lose my job if committed of any criminal offence.
I will be getting a removeable bollard installed ASAP to ensure this doesn't happen again!
On Friday neither of my vehicles was parked there, and when I returned from work there was a car I didn't recognise parked in the space where my van usually is - I knocked on a couple of neighbours doors, but no-one knew whose it was. With nowhere else to park I parked my car in its usual place which effectively blocked the other car in - I left a note on the windscreen with my address in case they needed to get their car out.
On Saturday when I left for work I noticed that my note was no longer on the other cars windscreen - when I got back on Saturday night the other car had gone and I didn't think any more about it.
Early this morning I answered a knock at the door and there was a policeman who said he wanted to ask me a few questions about it - he said that they had received a complaint from a member of the public that I had illegally blocked in a vehicle parked on private land (including a number of photographs) - I told him my version of events as above, though he did comment that the photo's (taken at night) clearly showed the other cars windscreen and he didn't recall them showing my note.
The policeman seemed fairly happy with my explanation, and said that I probably wouldn't hear any more about it. However, whilst I wasn't cautioned or arrested he did reinforce that I should bear in mind that I may have committed a criminal offence under some legislation introduced in 2012.
My question is whether this really is a criminal offence? By leaving a note with my details and enquiring with the neighbours surely this shows that I had my intention wasn't to deprive other cars driver of the use of their vehicle. Also, if this is a criminal offence is there any likelihood I would be prosecuted? I assume the police and courts probably have better things to do with their time, but you never know... I would automatically lose my job if committed of any criminal offence.
I will be getting a removeable bollard installed ASAP to ensure this doesn't happen again!
1
Comments
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"I would automatically lose my job if committed of any criminal offence"
Really? Even for speeding, or not having a TV licence?1 -
According to the terms of my contract, yes. Anecdotally I have heard that occasionally where a speeding offence has been dealt with via fixed penalty, hasn't been reported in the press and the employee has no need to drive for work that they have been able to keep their job - this would certainly be the exception rather than the rule though.[Deleted User] said:"I would automatically lose my job if committed of any criminal offence"
Really? Even for speeding, or not having a TV licence?2 -
Still trying to work out why someone would want to block the number plate unless for some nefarious purpose.It has already been established that covering the plate is against the law.0
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I'd have thought if it's your land the police should be looking at the trespass of the other motorist that deprived you of the use of your land to park on.
Mr Generous - Landlord for more than 10 years. Generous? - Possibly but sarcastic more likely.2 -
I would have thought that would be a civil rather than criminal matter and outside the police remit? Mind you, I'd have thought the same about blocking a car in, but the police have certainly decided to get involved!Mr.Generous said:I'd have thought if it's your land the police should be looking at the trespass of the other motorist that deprived you of the use of your land to park on.1 -
Are you commenting on the wrong thread, or am I not reading the OP properly? I can't see where they mentioned blocking or covering a number plate.Grey_Critic said:Still trying to work out why someone would want to block the number plate unless for some nefarious purpose.It has already been established that covering the plate is against the law.3 -
ilikewatch2 said:
I would have thought that would be a civil rather than criminal matter and outside the police remit? Mind you, I'd have thought the same about blocking a car in, but the police have certainly decided to get involved!Mr.Generous said:I'd have thought if it's your land the police should be looking at the trespass of the other motorist that deprived you of the use of your land to park on.I'm wondering if trespassing with a vehicle and preventing the land owner from using his own parking space would fall under this ... Trespassing is usually a civil wrong and dealt with accordingly. However, in England and Wales certain forms of trespassing, generally those which involve squatters, raves and hunt saboteurs are covered by criminal law. There are offences under the Criminal Justice and Public Order Act 1994 Sections 61 and 62 of trespassing on land and trespassing with vehicles.I don't know, but then I bet the PC didn't either, and he took the side of the person who complained probably without looking into it.
Mr Generous - Landlord for more than 10 years. Generous? - Possibly but sarcastic more likely.2 -
I think this is the legislation - I wonder if there have been any test cases/guidance about the word 'intending'"Offence of immobilising etc. vehicles
(1)A person commits an offence who, without lawful authority—
...
(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. "
But a banker, engaged at enormous expense,Had the whole of their cash in his care.
Lewis Carroll2 -
Reading the criminal justice & public order act it sounds like the police had the power to remove the vehicle trespass from the land if the OP had complained. Mind you getting them to do it might be alltogether another matter!! If the idiot hadn't parked on someone elses land in the first place they would never have got blocked in. Imagine coming home to find someone else parked in your drive.
Mr Generous - Landlord for more than 10 years. Generous? - Possibly but sarcastic more likely.1 -
That's interesting - I guess the fact that I park in that spot every night proves that I didn't do so on Friday with the intension of preventing removal of the car, that was just an unintentional consequence of me wanting to park in my space.2
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