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Car parked on my drive!

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So you've effectively "clamped" the car so that it can't move without asking you or the nieghbour to let it out?

which acheives what exactly? the opportunity to confront the driver? to what end? your drive is occupied for longer than if you didn't confront the driver.

Plus 101 won't do anything, and in fact, it is your friend who is commiting the offence of obstruction rather than the driver.

 

2202020 (if that doesn't go to the same people as 101) might achieve more.

 

The police will do something as that car is causing an obstruction, they're normally pretty good even if it's just a car blocking your drive.

 

You can't commit the offence of obstructing your own drive, as it would be your own right of access you were obstructing.

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But however justified you may feel, you also have no "right" in law to block access to the highway.

 

FWIW, I would feel like doing the same, however it's only fair to let the OP know that the police may sympathise personally, but not professionally..

 

So I break the law when I close the gates of my drive? No, I can't obstruct my own access and only I have a right of access from that land.

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can i come and set a tent up in your front lawn or back lawn? would you be offended if i just did it?

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2202020 (if that doesn't go to the same people as 101) might achieve more.

 

The police will do something as that car is causing an obstruction, they're normally pretty good even if it's just a car blocking your drive.

 

You can't commit the offence of obstructing your own drive, as it would be your own right of access you were obstructing.

 

You're confusing right of access onto the highway with right of access onto your drive.

 

If the exit to your drive is being blocked, then your legal right of access onto the highway is being impeded and the police should indeed attend. However you do not have the same legal right of access FROM the highway onto your drive.

 

The question (which is why in my earlier post I said "I wonder") is whether the trespasser has the same legal right of access to the highway

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You totally epitomise what is wrong with the country, should you not be asking why has the driver chose to park on somebody else’s drive. I just think it is bang out of order and I would block them in too

 

I don't see where i've condoned this drive stealing behaviour?

I agree that it is out of order, however, I don't agree that the chosen course of action is the right one in this circumstance.

1. As has been confirmed by subsequent posters, blocking somebody IN is an offence. as opposed to be blocked OUT

2. By blocking them in the OP is going to

i) probably anger the person who has used the drive. Chances are if they're rude enough to use a random person's drive, then they're probably not the kind of person who is particularly apologetic and courteous.

ii) require the probably angered drive blocker to seek out the angered OP

iii) deliberately provoke a confrontation which will, in the best case, result in the drive blocker vacating the drive never to be seen again.

 

as opposed to not rising to the bait, parking on the verge for a bit, letting the drive blocker freely vacate the drive never to be seen again.

 

If deliberately avoiding a confrontation which will achieve, in the best case, as result identical to the one achieved by the non-confrontational approach totally epitomises what is wrong with this country, then I really do dispair.

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So I break the law when I close the gates of my drive? No, I can't obstruct my own access and only I have a right of access from that land.

 

Your gates are irrelevant as you are able to open them, so your access to (or indeed from) the highway is not being impeded.

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Wait till he goes inside and finds that not only have they eaten porridge but they're sleeping it off in his bed.

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How does the poster epitomise what you think is wrong with the country, by advising and warning of possible legal ramifications.

 

Or did the poster write the law?

 

I don't know what the law is on this subject as probably most don't on here; it was the response of the OP has a problem trying to do something when someone parks on his property. I bet Nightflight is of the ‘don't pay the parking ticket’ brigade!

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It would seem the matter is one of trespass, and normal procedure demands that the trespasser is asked to leave, and should then leave by the shortest route possible. Not to imprison the trespasser and prevent them from leaving.

 

It may also seem daft but if there is an altercation, blocking the trespasser from leaving may be seen as actions likely to cause a breach of the peace... Unlikely, but possible, I've seen similar "topsy turvy" applications of POA Section 5 before.

 

The best couse of action would probably to speak to the police Safer Neighbourhood team and ask their advice. Repeated trespass may well be considered anti-social and a warning issued against the trespasser

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id block them in too!!......id be well peed off if someone parked on my drive and i didnt know them nor did they ask!!

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Last time someone blocked my drive the car had been nicked and the police were most grateful for the call, it's not normal to park your car on someone else's drive without asking and if it does happen I reserve the right to park at the end of my drive without asking the owner of the car parked where I would normally park.

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So you've effectively "clamped" the car so that it can't move without asking you or the nieghbour to let it out?

which acheives what exactly? the opportunity to confront the driver? to what end? your drive is occupied for longer than if you didn't confront the driver.

Plus 101 won't do anything, and in fact, it is your friend who is commiting the offence of obstruction rather than the driver.

 

Why the hell not? Let me park on your drive, see how you like it eh?

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