Parking in front of driveways

Nicki

hollydays wrote: »

Clampers have to be regulated on private land too. Ironing isn't a regulated activity(shame ).Negociating is done between two people,not by one.

But I didn't clamp her! Why do you think I did? I didn't touch her car at all. The law relating to clampers is predicated on the basis that you are trespassing on their property by touching their car without permission.

There were two people in the negotiation. The first said pay £40, and the second said, I'll pay £10. Clearly if the second hadn't committed a civil breach of the law, they would have had nothing to negotiate about. It's not wrong if one person has a stronger position in a negotiation.

hollydays

I gave clampers as an example of people who have had money demanded under duress,and why they had to regulate it. Immobilizing a car on private property,then demanding money can't be that easy.

d123

Nicki wrote: »

But I didn't clamp her! Why do you think I did? I didn't touch her car at all. The law relating to clampers is predicated on the basis that you are trespassing on their property by touching their car without permission.

There were two people in the negotiation. The first said pay £40, and the second said, I'll pay £10. Clearly if the second hadn't committed a civil breach of the law, they would have had nothing to negotiate about. It's not wrong if one person has a stronger position in a negotiation.

I think you were right in what you did, but if you want to be 100% covered (and are contemplating doing it again in the future) I would suggest putting a notice on the wall stating that the charge for unauthorised parking is £xx, and that be parking on your drive they are agreeing to your terms.

hollydays

Signage..exactly..

Nicki

hollydays wrote: »

I gave clampers as an example of people who have had money demanded under duress,and why they had to regulate it. Immobilizing a car on private property,then demanding money can't be that easy.

I think that if the link I posted is correct (and it seems to be) that nothing illegal was done by me here. I will investigate anything anyone else posts to the contrary though.

It is interesting though that you seem to feel that my actions were worse than the actions of the person who parked on my land without a by your leave, preventing me from being able to park my own car on it! And also, by extension, that you feel the correct course of action (assuming I wan't going to just shrug and say that's ok then) should have been to have the car towed away, rather than giving the driver the option of avoiding this

You don't seem to be acknowleding at all that the driver of the car was committing a civil trespass. She had no reason to believe that she had any form of licence to park where she did (as you might if you parked in a shop's car park but overstayed). She knew it was someone's front garden, and that if she parked there she would be obstructing that person's access to their own property and depriving them of their own parking spot, and she did so for a prolonged period of time, and without leaving any kind of note as to where she could be found and asked to move her car.

You weren't by any chance illegally parked on my driveway this morning?:rotfl:

hollydays

Don't try to ascribe statements to me I haven't made.

The civil trespass part is the same as when people park on private land next to a shop etc..no different.

Because I query what you did, it's not a statement saying I don't agree with instant justice,nor is it saying she was right,she wasn't. I would be wary of doing what you did, though it may seem powerfull at the time.It was not an option mentioned by the police,though I actually wish it was.

I would only illegally park on your driveway if it was an emergency:eek:

MrsE_2

Nicki wrote: »

Still means I'd have to find somewhere else to park my car though which would be a pain.

I agreed with you up to here.

But to suggest finding somewhere else to park your car, so as to entrap & tempt illegal parkers is just getting silly.

Sssssss

good for you Nicki, except I'd be wary of taking money off people, there are some weird and bad people out there and they know where you live.
blocking them in hopefully would have got the message across, I can't believe the cheek of the woman parking on someones drive.

Browntoa

lol, just noticed this for next time someone thinks it's ok !! (change of law at the end of the month )

http://news.bbc.co.uk/1/hi/england/kent/7286430.stm

a new patrol car fitted with a camera will patrol the streets.

The vehicle will be deployed outside Kent schools during the busy morning and afternoon rush hours. And motorists will receive fines by post rather than on their windscreens.


Penalty charges
For the first time, they will be able to take action against drivers who block dropped pavements.
Residents whose driveways are blocked by motorists will also be able to report the vehicle to the council.
And there will be two levels of penalty charges depending on the severity of the contravention. Medway Council spokesman, Councillor Phil Filmer, said: "These changes are not about making money, but about giving our officers the powers to tackle motorists who flout parking restrictions that have been put in place to protect everyone."

Nicki

hollydays wrote: »

Signage..exactly..

hmm - do you have a sign in your front garden, saying "No Parking", and one on your front door saying "No Entry", and maybe even a badge on your children saying "No abducting".

Or do you just assume that most people are clever enough to know the law of the country and to know that you can't just drive into someone's front garden and park, walk into their house and make yourself at home, or take their children home without consent?

You make it sound like I'm running a business or a car park, rather than a residential householder reacting in the heat of the moment to someone seriously inconveniencing them and breaking the law to boot! Believe it or not, even though this is the third time this has happened since we bought the house in August, it has never crossed our minds that we need to erect a commercial looking sign in what is clearly someone's front garden. Besides such a sign is more likely to make someone think that it is OK to park there provided they are willing to pay for the privilege when this is emphatically not the case, particularly when I have my daughter who is disabled in the car with me (which I didn't this morning).

Having posted links which make it clear that no law was broken by me on this occasion (and in your complete inability to provide any evidence to the contrary despite vague references to car clampers, which I clearly am not), I am baffled as to why you think that this was so beyond the pale, or why you think it is likely to be a regular occurence.

The police said "It is private land, and you can do what you like with the car." That didn't rule in or out what I did.