I am just wondering what you can do and what can’t you do when someone parks on your private land or when it block access to you property?
So for example if someone parks in your driveway when you are not home… what can you do? Can you break his window take car from gear push it in middle of road park up then call the council or police and say a car is obstructing traffic?? Can you tow it with your car and pull it in middle of road leave it there and again call council and police?
What about when they park in a private road and block access to your garage? Or when they block access to your home, for example you have a gate to get inside your yard where you have parking area and when they park in front of your gate you cannot get inside your yard to get inside house or leave with your car? So your house is on that private road and they come block your way… can you break their window stick car in neutral and push it all the way on main road? Can you tow it and do same? Can you damage it whilst trying to get inside your house, what if you can’t get inside unless car is moved?? It’s not as if you will wait outside until they decide to show up.
What about if the car is vandalised when on private property?? Would police get involved? Would insurance pay? What if you hit that car with your car? Private road, is it still classified as a road accident? would police see It as a hit and run?
What I am simply asking lol:) is, if an idiot comes onto your private piece of road and blocks access to your house can you simply do whatever you want to get inside your home? Damaging the vehicle is a last resort but since you cannot wait outside for ages and if you get frustrated and decide to take mirrors, scratch it or whatever, would that be held against you?
No its criminal damage no matter the location…If he parks on your property without permission you have the right to clamp and refuse him access until he pays for the unclamping, but only if you have advertised the fact.
Otherwise you warn him that you will sue him for trespass, (worthless) and then get a no access order from the court so that if he does it again you can demand the police do something…
I would have a chat to him and or leave a message on his car that he is parking on private land and causing an obstruction, and that you will clamp his car until the payment of £100 is made if he does it a gain…
Its a tricky legal situation for sure just be tough on them but dont damage his car…
No help whatsoever but one of my mates had some prat park a renault5 in front of his drive so 8 of us bumped the little car into middle of road then rang the police and they shifted it and took it to the pound! what size car is it?
breaking his window is criminal damage, if it’s left unlocked or you get in without causing any damage and move it to the middle of the road it would become either a police or council matter depending on the nature of the obstruction and where you left it…sadly, tec hnically speaking you not the registered keeper would be responsible for the ticket and costs as you left it there
Private road = the landowners responsibility to get it moved. The dvla will divulge for a fee, the keeper details of a vehicle to anyone who can show a reasonable cause for having them. Of course by the time the details have got to you, the car is long gone…
If you can’t get off the public road onto private property you’re pretty much on your own. The legislation used for these matters refers to “unnecessary obstruction of the public highway”… it’s long an involved but basically you don’t have any special right to access to your land, and no one can claim a specific right to a specific part of the highway, so in effect you can park where you like (assuming no other restrictions are in force) until someone else wants to use that bit of the road. It can be (and has been) argued that if someone parks across your driveway and you need to get the car onto the road then that is unnecessary obstruction and therefore an offence that the police can come and deal with my means of a ticket and removing the offending vehicle. You’ll be waiting a long time for help though… Again if you cause damage to the car, it’s going to be viewed as criminal damage…
Some road traffic laws apply to private roads, some don’t… and the definition of what constitutes a private road varies in different acts of parliament… but generally speaking, criminal damage can be committed anywhere, so the police would be involved. If by “would insurance pay” you mean would your household insurance pay if you went out and threw a brick at a car window to move it, then probably not. It would be seen as a criminal damage, and insurance won’t pay for criminal damage cause by you. If it’s an accidental collision between two cars then even on private property they probably would. If you use your car as a means to ram the other car out of the way that’s still criminal damage. It’s all to do with your intent. A collision between two cars on a private road which is not seperated from the public road by a gate or barrier and to which the public would normally be allowed access (such as a supermarket car park during opening hours) could still be deal with by the police who could issue proceedings for drink/drive, failing to stop or report an accident,dangerous driving or reckless,careless or inconsiderate driving.
Yes it would. And clamping vehicles without there being warning signs up and clearly visible showing the release fee is now against the law…
So in short - private land = you’re f*****
public rd onto private land = you’re f*****
private land onto public rd = you might get help, if you’re lucky and patient
Oh and this is a very trunkated version…the full version of the law on this matter would take several sides of A4 in a very very small font… and I’m a one finger typist and I haven’t got all night:)
I had a friend with this problem, where a neighbour blocked access to the driveway. My mate called up the local council and they came and removed the vehicle.
I have no idea about the laws involved, etc. but it might be worth checking to see if your council can help!
If a car parks on or over your drive and it is blocking you in - you can ask the Police and or local council to get it removed, they are legally obligated to remove the vehicle and there is no charge.
If however the car is not blocking you in - they have no power whatsoever!
You could try leaving a note on the window to let them know they are parking on your property or you can paint double yellow lines on your drive way, put up a clamping notice, buy a clamp, and then charge them £60 to £250 (your choice) to remove the clamp and it’s all legal!
(just make sure one of the wheels is on your property before you clamp it)
it works and you get paid for your inconvenience.
WOW John that was a long read:) Cheers for sheding the light. So since that specific palce has 4 gates all owned by same owner the best policy is to make a nice sign and put it up and clamp the bastards. Or call the police if they can’t get inside the house.
If you make a visible sign and put it up on the gates informing them about the clamping and you do it, can they break your clamp or remove it? If they do wouldn’t that be criminal damage? I assume best way is to place the clamp and take a photo of the car and the driver if possible.
When someone parks on the private land where our garages are a neighbour normally blocks them in if they are in some ones space.
Police have been called a few times asking if that’s my car out back (when i used to own a car) blocking some one. The only reason the police were called was due to the fact I’d never answer the door if the owner came knocking on the door asking to move it or if I did open the I would say I would be out soon and then never go out.
Police would ask why I never moved the car, I said I didn’t have the time as I was working. Every time I asked if I was doing anything wrong, before they could answer I said could I report a trespass please…
Even with a sign up now saying it’s private property we still get the local school mums parking there. I keep thinking of getting an old Landy to use as a moving road block.
I know this is London Bikers, but it is worth noting that the advice here only relates to England and Wales. Clamping law is certainly different in Scotland, and I wouldn’t hazard a guess at what happens to inconsiderate parkers in some parts of Northern Ireland.
I believe you can operate clamping like that but the rules have changed in the last couple of years, and I think, but not sure that companies doing this on your behalf have to be licensed by the SIA now.
And yes, if someone causes damage to your clamp whilst taking it off then that would almost certainly be dealt with as criminal damage. However if they take it off without causing damage, which I’ve seen done, then they’re free to go!
I believe that in England and Wales, if the car is on, or near private property and is blocking access to or from a public highway, then any damage to the aforementioned vehicle is NOT criminal damage, if no-one sees you do it.
Is this same car the one with the missing petrol cap, the one the little kids in your area are playing around with!!! Time to call the local council and get it removed as a priority!!!
22A(1) A person is guilty of an offence if he intentionally and without lawful authority or reasonable cause -
(a) causes anything to be on or over a road, or
(b) interferes with a motor vehicle, trailer or cycle, or
(c) interferes (directly or indirectly) with traffic equipment,
in such circumstances that it would be obvious to a reasonable person that to do so would be dangerous.
I seem to recall it involved a jack and removing a wheel. It probably wouldn’t work with advanced models used by local authorities but may work with some of the cheaper clamps used by the cowboys enforcing private car parks…I think if you search on t’internet there may be sites showing you how…
is, if an idiot comes onto your private piece of road and blocks access to your house can you simply do whatever you want to get inside your home? Damaging the vehicle is a last resort but since you cannot wait outside for ages and if you get frustrated and decide to take mirrors, scratch it or whatever, would that be held against you?
what size car is it?
