Blocking car on private land - criminal offence?

Mr.Generous

ilikewatch2 said:

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.

And I'd have said you have the lawful authority to park across your own drive / parking space if someone else is preventing you from using it. The says you have to be blocking them without lawful authority. I cannot imagine this ever getting past the CPS to go to court. Not in the public interest to prosecute you.

ilikewatch2

The copper who visited me didn't seem to think it would go any further, but I guess if they receive a complaint they still need to investigate and listen to both sides of the story.

Ergates

ilikewatch2 said:

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 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!

Trespass isn't a criminal offence (fortunately) but blocking someone's car in like that is.  It is probably very unlikely that a case like yours would be taken any further - especially as you put a note on the windscreen with your details so the driver could get their car released without too much difficulty.

If they'd contacted you and you'd refused to move your van, or had demanded a fee to move it - then it might have been taken further, but that isn't what happened.

The law wasn't design to handle your circumstances - of someone parking on someone elses drive without permission.  It's meant for, say, rogue wheel clampers.  Or if a private carpark owner decided to block the exit then demand a release fee.   Your circumstances are an unfortunate side effect - it's a pretty good example of the risks of introducing new laws, even well intentioned ones can have unintended consequences.

Aretnap

Mr.Generous said:

ilikewatch2 said:

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.

And I'd have said you have the lawful authority to park across your own drive / parking space if someone else is preventing you from using it. The says you have to be blocking them without lawful authority.

The law is primarily aimed at wheelclampers, but it covers any method of immobilising a vehicle. Lawful authority refers to having specific authority to immobilise the vehicle (ie you're a bailiff with a warrant, or a DVLA contractor clamping an untaxed vehicle etc). It is not the same thing as there being no general prohibition on you parking at the end of your own drive. The reference to lawful authority is a red herring in this context.

The key question is probably one of intent - are you parking there primarily with the intention of blocking him in as punishment for parking on your driveway (which would be illegal) or because it's the only possible by place you can  park, and the fact that it immobilises the other guy's car is incidental (which might not be illegal)?

Mojisola

ilikewatch2 said:

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.

You gave the owner of the car all the information they needed to get out - surely that shows that you didn't intend to keep their car blocked?
It sounds as if they didn't want to contact you because they knew they were in the wrong but then told the police a story with important bits of information left out.

Aretnap

Mojisola said:

ilikewatch2 said:

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.

You gave the owner of the car all the information they needed to get out - surely that shows that you didn't intend to keep their car blocked?

It helps to show good faith on the OP's part, but it probably isn't conclusive by itself.

The law was explicitly aimed at banning wheel clamping (whether or not a fee is charged for release). And wheel clampers also always left all the information the owner needed to get their car unclamped - in fact that was pretty much the point of wheelclamping. So it treats deliberately immobilising a vehicle in the same way, whether you intend to keep it blocked for a few minutes or for weeks on end.

pinkshoes

I had this when I lived in Oxford. Me and my ex had 1 parking space (although could fit 2 cars nose to nose if the cars were small).

First one home street parked (as parking spaces were very limited) and the second back got the parking space.

I came back late from work one evening to find no street parking and someone parked in my parking space!! I assumed it was perhaps a friend of my ex so I squeezed my car in behind bumper to bumper blocking them in.

Turns out my ex had no idea whose car it was! Needless to say someone rang my bell later pointing out I'd blocked them in! I told them I was about to have a bath and couldn't come to the door so they'd have to wait! I made them wait over an hour!  

I had no idea it was a criminal offence to block someone in on my own driveway, but given it had a great big number on the parking space showing which flat it belonged to, then I figured it wouldn't be too hard for them to work out who to ask. 

lincroft1710

I cannot believe this!


A former work colleague's wife had her mobility scooter stolen. Colleague saw it happen,took photo of thief, took it to police who recognised the well known thief, but did absolutely sweet FA about the theft!!


Yet here we have a police officer taking time out to investigate the matter of a car temporarily blocked in!!!

sheramber

What did the policeman say when you advised him that the land was your private land?

Car_54

sheramber said:

What did the policeman say when you advised him that the land was your private land?

I imagine he'd have said it makes no difference, which is the correct answer.